[Rev. 2/12/2019 1:41:36 PM]
κ1991 Statutes of Nevada, Page 1797 (CHAPTER 556, SB 497)κ
Sec. 160. NRS 575.070 is hereby amended to read as follows:
575.070 1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the Nevada beef council may fix a special tax, to be known as the tax to promote beef, on all cattle except calves that have not been weaned, the rate of which must not exceed $1 per head. If such a tax is fixed, the council shall send notice of the rate of this tax to the county assessor or treasurer of each county on or before the first Monday in May of each year. The proceeds of the tax, if any, must be deposited in the state treasury for credit to the [fund] account for the promotion of beef.
2. During the month of April if such a tax is fixed, any person who has paid the special tax may file a claim for refund with the state department of agriculture, accompanied by a receipt showing the payment. Upon verification of the claim, the department shall transmit it to the state controller for payment from the [fund] account for the promotion of beef.
Sec. 161. NRS 575.210 is hereby amended to read as follows:
575.210 Whenever any taxes or penalties for delinquencies pursuant to NRS 575.130 are paid to the county treasurer, he shall record the payment and the date thereof with the name of the person liable for the taxes and the penalty and the amount of tax and penalty collected pursuant to NRS 562.170, 567.110, 571.035, 575.070 and 575.130 and transmit the revenue thereof to the state controller for deposit into the appropriate account or fund in the state treasury.
Sec. 162. NRS 587.145 is hereby amended to read as follows:
587.145 The advisory board [shall have:] has:
1. Only such powers and duties as are authorized by law; and
2. The following powers and duties:
(a) To elect a chairman and such other officers as [they deem] it deems advisable.
(b) To prepare a budget [or budgets] covering anticipated income and expenses for utilization of the [funds] money deposited to the alfalfa seed research and promotion [fund.] account.
(c) To adopt procedures for filing with the advisory board any proposed alfalfa seed research projects or market promotion projects.
(d) To prepare and present to the state board of agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed. The program [shall recommend an individual] must contain a recommendation of a natural person or agency to conduct or manage each project, [recommend] the time period for each project and [shall recommend] the budget allocation [.] for the project.
Sec. 163. NRS 587.151 is hereby amended to read as follows:
587.151 1. The state board of agriculture has the following powers and duties:
(a) To appoint the members of the advisory board, to fix their term of office and to fill all vacancies.
(b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the advisory board.
(c) To administer, enforce and control the collection of assessments levied for the alfalfa seed research and promotion [fund.] account.
κ1991 Statutes of Nevada, Page 1798 (CHAPTER 556, SB 497)κ
(d) To authorize payments from the alfalfa seed research and promotion [fund] account upon the recommendation of the advisory board.
(e) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.
(f) To adopt regulations to carry out the provisions of NRS 587.135 to 587.185, inclusive.
2. Money from the state general fund may not be utilized by the state board of agriculture in carrying out the provisions of NRS 587.131 to 587.185, inclusive. Expenditures for those purposes must be made only from the alfalfa seed research and promotion [fund] account created by NRS 561.409, and are subject to the limitations stated in that section.
Sec. 164. NRS 587.153 is hereby amended to read as follows:
587.153 All gifts or grants of money which the board is authorized to accept must be deposited with the state treasurer for credit to the alfalfa seed research and promotion [fund.] account.
Sec. 165. NRS 587.155 is hereby amended to read as follows:
587.155 1. The department shall, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight of alfalfa seed to be levied upon all alfalfa seed grown in this state. The department shall collect the assessment and transmit the proceeds to the state treasurer for credit to the alfalfa seed research and promotion [fund.] account.
2. On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for refund with the department, accompanied by a receipt showing such payment. Upon verification of the correctness of the claim, the department shall transmit it to the state controller for payment from the alfalfa seed research and promotion [fund.] account.
Sec. 166. NRS 587.165 is hereby amended to read as follows:
587.165 Any grower or dealer who fails to file a return or to pay any assessment pursuant to NRS 587.155 within the time required shall forfeit to the department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which [such] the return was required to be filed or in which [such] the assessment became due. The department, if satisfied the delay was excusable, may remit all or any part of the penalty. The penalty [shall] must be paid to the department and deposited for credit to the alfalfa seed research and promotion [fund.] account.
Sec. 167. NRS 611.070 is hereby amended to read as follows:
611.070 1. Before a license is issued, the applicant shall deposit with the labor commissioner a bond, approved by the labor commissioner, in the sum of $1,000 with two or more sureties or an authorized surety company as surety. A notice of 30 days must be given to the labor commissioner before cancellation of the bond.
2. The bond must be conditioned so that the suspension, revocation, surrender or expiration of the license to operate the employment agency does not affect the coverage of the bond as to a claim arising out of acts that occurred before the date of the suspension, revocation, surrender or expiration of the license.
κ1991 Statutes of Nevada, Page 1799 (CHAPTER 556, SB 497)κ
3. In lieu of a bond an applicant may deposit with the labor commissioner:
(a) An amount of money or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed by the labor commissioner; or
(b) A savings certificate of a bank or savings and loan association situated in Nevada, which indicates an account containing an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the labor commissioner. Interest earned on this amount accrues to the account of the applicant.
4. The labor commissioner may at any time require the licensee to file a new or supplementary bond, or a deposit in lieu thereof, in a form and amount of not more than $5,000 to conform to the provisions of this section if the labor commissioner deems the initial deposit or surety of the initial bond to be unsatisfactory or the amount of the deposit or bond to have become insufficient to satisfy all claims, accrued or contingent, against the licensee.
5. Any money received in lieu of a bond must be deposited with the state treasurer for credit to the labor commissioners [agency fund] account for bonds, which is hereby created [.] in the state agency fund for bonds. The deposit must not be released for a period of 90 days following the date of suspension, revocation, surrender or expiration of the license.
Sec. 168. (Deleted by amendment.)
Sec. 169. NRS 616.291 is hereby amended to read as follows:
616.291 1. An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
2. A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner a bond executed by the employer 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 compensation for injuries and occupational diseases to employees. The bond must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employers expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective experience of the employer with losses and expenses within this state, to the hazard of catastrophic loss, to other contingencies, and to trends within the state. In arriving at the amount of the deposit required, the commissioner may consider the nature of the employers business, the financial ability of the employer to pay compensation and his probable continuity of operation.
3. In lieu of a bond the employer may deposit with the commissioner 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 commissioner.
κ1991 Statutes of Nevada, Page 1800 (CHAPTER 556, SB 497)κ
4. The required deposit may be increased or decreased by the commissioner in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an employer to increase his deposit, the commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 30 days after receiving notice from the commissioner.
5. The commissioner shall require the self-insured employer to submit evidence of excess insurance to provide protection against a catastrophic loss. The excess insurance must be written by an insurer authorized to do business in this state. The commissioner shall consider the excess insurance coverage as a basis for a reduction in the deposit required of an employer.
6. The [fund] account for self-insured employers is hereby created [as an agency fund.] in the state agency fund for bonds. All money received by the commissioner pursuant to this section must be deposited with the state treasurer to the credit of the [fund] account for self-insured employers. All claims against this [fund] account must be paid as other claims against the state are paid.
Sec. 170. NRS 616.2925 is hereby amended to read as follows:
616.2925 1. The commissioner may assess all self-insured employers to provide for claims against any insolvent self-insured employer.
2. All money received from such assessments must be deposited with the state treasurer to the credit of the [fund] account for insolvent self-insured employers, which is hereby created [as a trust fund.] in the fund for workers compensation and safety. Money in the [fund] account must be used solely to carry out the provisions of this section. All claims against the [fund] account must be paid as other claims against the state are paid. The state treasurer shall invest money in the [fund] account in the same manner and in the same securities in which he may invest [general funds] money of the state [.] general fund. Income realized from the investment of the assets in the [fund] account must be credited to the [fund.] account.
Sec. 171. (Deleted by amendment.)
Sec. 172. NRS 616.427 is hereby amended to read as follows:
616.427 Except as otherwise provided in NRS 616.428:
1. If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the subsequent injury [fund] account in accordance with regulations adopted by the administrator.
2. If the subsequent injury of such an employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the subsequent injury [fund] account in accordance with regulations adopted by the administrator.
3. As used in this section, permanent physical impairment means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed.
κ1991 Statutes of Nevada, Page 1801 (CHAPTER 556, SB 497)κ
such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, no condition may be considered a permanent physical impairment unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Associations Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1986.
4. [In order to] To qualify under this section for reimbursement from the subsequent injury [fund,] account, the insurer must establish by written records that the employer had knowledge of the permanent physical impairment at the time [that] the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. An insurer shall notify the administrator of any possible claim against the subsequent injury [fund] account as soon as practicable, but not later than 100 weeks after the injury or death.
6. The director shall by regulation establish a procedure by which claims against the subsequent injury [fund may] account must be submitted and decisions made. The administrator shall notify the insurer of his decision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claim against the subsequent injury [fund] account must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to him.
Sec. 173. NRS 616.428 is hereby amended to read as follows:
616.428 1. An insurer who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the subsequent injury [fund] account if:
(a) The employee knowingly or willfully made a false representation as to his physical condition at the time he was hired by the employer;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid [is entitled to] must be reimbursed from the subsequent injury [fund.] account.
2. An insurer shall notify the administrator of any possible claim against the subsequent injury [fund] account pursuant to this section no later than 60 days after the date of the subsequent injury or the date the insurer learns of the employees false representation, whichever is later.
Sec. 174. (Deleted by amendment.)
κ1991 Statutes of Nevada, Page 1802 (CHAPTER 556, SB 497)κ
Sec. 175. NRS 616.626 is hereby amended to read as follows:
616.626 1. Any claimant or dependent of a claimant who resides in this state and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any limitation on wages imposed by this chapter on the amount of that compensation.
2. The increase must be paid from the [trust fund] account for pensions for silicosis, diseases related to asbestos and other disabilities.
Sec. 176. NRS 616.628 is hereby amended to read as follows:
616.628 1. Any widow, widower, surviving child or surviving dependent parent who resides in this state and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any limitation on wages imposed by this chapter on the amount of those benefits.
2. The increase must be paid from the [trust fund] account for pensions for silicosis, diseases related to asbestos and other disabilities.
Sec. 177. NRS 617.323 is hereby amended to read as follows:
617.323 1. There is hereby created in the state [treasury the trust fund] general fund the account for pensions for silicosis, diseases related to asbestos and other disabilities. The [fund] account consists of money appropriated to the [fund] account by the legislature and interest and income earned pursuant to subsection 2.
2. The interest and income earned on money in the [fund,] account, after deducting any applicable charges, must be credited to the [fund.] account.
3. The [fund] account must be administered by the state treasurer. The money in the [fund] account may be expended only for the purposes set forth in NRS 617.325 and none of the money in the [fund] account may be expended for administrative purposes. The expenditures must be made on claims approved by the system and paid as other claims against the state are paid.
Sec. 178. NRS 617.325 is hereby amended to read as follows:
617.325 1. The money in the [trust fund] account for pensions for silicosis, diseases related to asbestos and other disabilities must be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS 617.460;
(b) The increased benefits for permanent total disability described in NRS 616.626; and
(c) The increased death benefits described in NRS 616.628.
2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto [under] pursuant to subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the [fund] account to the system.
3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits [under] pursuant to the provisions of subsection 1 are no longer eligible for those benefits, the balance of the [fund] account must revert to the state general fund.
κ1991 Statutes of Nevada, Page 1803 (CHAPTER 556, SB 497)κ
Sec. 179. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this state covered by the insurer.
5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, is not entitled to compensation payments by the insurer, but is entitled to continue to receive the same amount of compensation from the [trust fund] account for pensions for silicosis, diseases related to asbestos and other disabilities.
Sec. 180. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
κ1991 Statutes of Nevada, Page 1804 (CHAPTER 556, SB 497)κ
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.
4. A certificate of exemption issued pursuant to subsection 4 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date.
5. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative [fund] account created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a certificate of exemption, $200.
(e) For filing an application for renewal of a certificate of exemption, $100.
(f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
6. Except as otherwise provided in this chapter, all fees received [under] pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 181. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable fee of $250 for the application and survey must accompany each new application for a license as a collection agency. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
2. A fee of not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the commissioner, must be charged for each original license issued. A fee of $200 must be charged for each annual renewal of a license.
3. A fee of $10 must be charged for each duplicate license or license for a transfer of location issued.
κ1991 Statutes of Nevada, Page 1805 (CHAPTER 556, SB 497)κ
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a license as a collection agency.
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the commissioner for good cause shown.
8. A nonrefundable fee of $125 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of $100 must be charged for each annual renewal of such a permit.
9. For each examination the commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agencys license.
10. Except as otherwise provided in subsection 1, all money received by the commissioner [under] pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 182. NRS 649.330 is hereby amended to read as follows:
649.330 1. A collection agency shall immediately notify the commissioner of any change:
(a) Of the manager of the agency; or
(b) If the agency is a corporation, in the ownership of 5 percent or more of its outstanding voting stock.
2. An application must be submitted to the commissioner, pursuant to NRS 649.095, by:
(a) The person who replaces the manager; and
(b) A person who acquires:
(1) At least 25 percent of the outstanding voting stock of an agency; or
(2) Any outstanding voting stock of an agency if the change will result in a change in the control of the agency.
Except as otherwise provided in subsection 4, the commissioner shall conduct an investigation to determine whether the applicant has the competence, experience, character and qualifications necessary for the licensing of a collection agency. If the commissioner denies the application, he may in his order forbid the applicant from participating in the business of the collection agency.
3. The collection agency with which the applicant is affiliated shall pay such expenses incurred in the investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
4. A collection agency may submit a written request to the commissioner to waive an investigation pursuant to subsection 2. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
κ1991 Statutes of Nevada, Page 1806 (CHAPTER 556, SB 497)κ
or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 183. NRS 658.055 is hereby amended to read as follows:
658.055 1. The commissioner may appoint deputy commissioners of financial institutions, examiners, assistants, clerks, stenographers and other employees necessary to assist him in the performance of his duties [under] pursuant to this Title, Title 56 of NRS or [under] any other law. These employees shall perform such duties as [may be] are assigned to them by the commissioner.
2. The commissioner shall employ a certified public accountant to review and conduct independent audits and examinations of financial institutions. The commissioner shall levy an assessment upon each licensed financial institution to cover all of the costs related to the employment of the certified public accountant and the performance of the audits and examinations.
3. Assessments collected by the commissioner pursuant to subsection 2 must be deposited in the state treasury for credit to the [fund] account for auditing financial institutions, which is hereby created [as a special revenue] in the state general fund. The commissioner shall use the money in the [fund,] account, and may advance money from the [fund,] account, for the purposes specified in subsection 2.
Sec. 184. NRS 658.096 is hereby amended to read as follows:
658.096 1. The commissioner shall charge and collect the following fees in connection with his official duties:
(a) For licensing of state banks:
(1) A fee of $200 for each parent bank, payable on June 30 of each year.
(2) A fee of $100 for each branch bank, payable on June 30 of each year.
The fees must accompany the application for renewal of the license. A penalty of 10 percent of the fee must be charged for each month or part of a month that the fees are not paid after June 30 of each year.
(b) For applications for new branch banks, a nonrefundable fee of $200 for the application and survey to be paid by the applicant at the time of making the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative [fund] account created by NRS 232.285.
(c) For examinations and the examination of trust departments of state banks, a fee for conducting the examination and in preparing and typing the report of the examination at the rate established pursuant to NRS 658.101.
2. Except as otherwise provided in paragraph (b) of subsection 1, all money collected [under] pursuant to this section must be paid into the state general fund.
Sec. 185. NRS 659.045 is hereby amended to read as follows:
659.045 1. Upon receipt of a copy of the articles of incorporation of the proposed bank, the commissioner shall at once examine into all of the facts connected with the formation of [such] the proposed banking corporation, including its location and proposed stockholders. If it appears that the corporation, if formed, will be lawfully entitled to commence the business of banking, the commissioner shall so certify to the secretary of state, unless upon examination and investigation he finds that:
κ1991 Statutes of Nevada, Page 1807 (CHAPTER 556, SB 497)κ
banking, the commissioner shall so certify to the secretary of state, unless upon examination and investigation he finds that:
(a) The proposed corporation is formed for any other than legitimate banking business;
(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers and other managerial officials of the corporation are not such as to command the confidence of the community in which the bank is proposed to be located;
(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then existing bank or banks in the community;
(d) The name of the proposed corporation is likely to mislead the public as to its character or purpose; or
(e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
2. The commissioner shall not make the certification to the secretary of state until he has ascertained that the establishment of the bank will meet the needs and promote the convenience of the community to be served by the bank.
3. A nonrefundable fee of $3,000 for the application and survey must be submitted to the commissioner at the time the articles of incorporation are filed with the secretary of state. The proposed banking corporation shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
Sec. 186. NRS 661.125 is hereby amended to read as follows:
661.125 1. As used in this section, control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policy of the bank, or a change in the ownership of as much as 25 percent of the outstanding voting stock in any bank.
2. If there is a change in ownership of 5 percent or more of the outstanding voting stock of any bank, the president or other chief executive officer of the bank shall report the facts to the commissioner within 24 hours after obtaining knowledge of the change.
3. Whenever a loan or loans are made by a bank, which loan or loans are, or are to be, secured by 10 percent or more of the voting stock of a Nevada bank, the president or other chief executive officer of the bank which makes the loan or loans shall report that fact to the commissioner within 24 hours after obtaining knowledge of the loan or loans, except when the borrower has been the owner of record of the stock for [a period of] 1 year or more, or the stock is of a newly organized bank before its opening.
4. The reports required in subsections 2 and 3 must be in addition to any reports required by any other law and must contain whatever information is available to inform the commissioner of the effect of the transaction upon control of the bank whose stock is involved, and must contain, when known by the person making the report:
(a) The number of shares involved;
κ1991 Statutes of Nevada, Page 1808 (CHAPTER 556, SB 497)κ
(b) The identity of the sellers or transferors and purchasers or transferees of record;
(c) The identity of the beneficial owners of the shares involved;
(d) The purchase price;
(e) The total number of shares owned by the sellers or transferors and purchasers or transferees of record, both immediately before and after the transaction being reported;
(f) The total number of shares owned by the beneficial owners of the shares involved, both immediately before and after the transaction being reported;
(g) The identity of borrowers;
(h) The name of the bank issuing the stock securing the loan; and
(i) The number of shares securing the loan and the amount of the loan or loans.
5. Each bank shall report to the commissioner within 24 hours any changes in chief executive officers or directors, including in its report a statement of the past and current business and professional affiliations of new chief executive officers or directors. Any new chief executive officer shall furnish to the commissioner a complete financial statement as may be required by the commissioner.
6. An application pursuant to NRS 659.045 must be submitted to the commissioner by the person who acquires stock resulting in a change of control of the bank. Except as otherwise provided in subsection 8, the commissioner shall conduct an investigation to determine whether the character, general fitness and responsibility of the applicant is such as to command the confidence of the community in which the bank is located.
7. The bank with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285. If the commissioner denies the application, he may forbid the applicant from participating in the business of the bank.
8. A bank may submit a written request to the commissioner to waive an investigation pursuant to subsection 6. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 187. NRS 666.315 is hereby amended to read as follows:
666.315 1. Application to the commissioner for approval must be on a form prescribed by the commissioner and must include:
(a) A nonrefundable fee of $3,000 for the application. The depository institution or holding company shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
(b) Information which the commissioner requires to make the findings specified in subsection 4.
(c) Unless the applicant is a resident of Nevada, a corporation organized in this state or a foreign corporation admitted to do business in this state, a written consent to service of process on a resident of this state in any action arising out of the applicants activities in this state.
κ1991 Statutes of Nevada, Page 1809 (CHAPTER 556, SB 497)κ
written consent to service of process on a resident of this state in any action arising out of the applicants activities in this state.
2. In reviewing the application, the commissioner shall consider the applicants record of compliance with the Community Reinvestment Act of 1977 (12 U.S.C. §§ 2901 to 2905, inclusive) and whether the proposed transaction will meet the needs of those counties whose populations are less than 100,000 and whose residents are not being adequately served by existing financial institutions.
3. The commissioner shall issue his written decision within 60 days after receiving a completed application. The commissioner may approve the application subject to any terms and conditions which he considers necessary to protect the public interest.
4. The commissioner shall disapprove an application if he finds:
(a) That the proposed transaction would be detrimental to the safety and soundness of the applicant, to any institution which is a party to the transaction, or to a subsidiary or affiliate of that institution;
(b) The applicant, its executive officers, directors or principal stockholders have not established a record of sound performance, efficient management, financial responsibility and integrity so that it would be against the interest of the depositors, other customers, creditors or shareholders of an institution, or the public to authorize the proposed transaction;
(c) The financial condition of the applicant or any other institution which is a participant in the proposed transaction might jeopardize the financial stability of the applicant or other institution, or prejudice the interests of depositors or other customers of the applicant or other institutions;
(d) The consummation of the proposed transaction will tend to lessen competition substantially, unless the commissioner finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the benefit of meeting the convenience and needs of the relevant market to be served; or
(e) The applicant has not established a record of meeting the needs for credit of the communities which it or its subsidiary depository institution serves.
Sec. 188. NRS 669.150 is hereby amended to read as follows:
669.150 1. [Thereafter, the] The corporate trust company shall file an application for a license to transact trust company business with the commissioner on forms prescribed by the commissioner, which must contain such information as the commissioner [may require.] requires.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application.
3. Any request for approval and licensing of a branch location for a trust company must be filed with the commissioner on such forms as he [may prescribe.] prescribes. A nonrefundable fee of $250 for the application and survey must accompany each request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the request.
κ1991 Statutes of Nevada, Page 1810 (CHAPTER 556, SB 497)κ
4. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
Sec. 189. NRS 670.115 is hereby amended to read as follows:
670.115 1. A development corporation shall obtain a license from the commissioner before conducting any business. The application for the license must be on a form prescribed by the commissioner.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time the application is submitted.
3. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
Sec. 190. NRS 671.050 is hereby amended to read as follows:
671.050 1. Every application for a license required [under] pursuant to this chapter must be in writing, signed by the applicant, and in the form prescribed by the commissioner.
2. The application must contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the commissioner requires.
3. The application must be accompanied by:
(a) A surety bond or securities as required by this chapter . [;]
(b) A certified financial statement, satisfactory to the commissioner, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or the securities [is] deposited pursuant to NRS 671.110 are in at least twice the minimum principal sum required by NRS 671.100 . [;]
(c) A nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary . [; and]
(d) A fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the commissioner.
4. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
Sec. 191. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the commissioner.
κ1991 Statutes of Nevada, Page 1811 (CHAPTER 556, SB 497)κ
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. Persons who desire to organize an association [under] in accordance with this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize an association before taking any other action in connection with the organization. Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner [may require,] requires, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(a) The character and responsibility of the applicants;
(b) The need for the association in the community to be served;
(c) The reasonable probability of its usefulness and success; and
(d) Whether [or not] such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
5. If the commissioner approves the application he shall, within 30 days, notify all associations with 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of the written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days [from] after the date of receipt of written notice by registered or certified mail by the parties. The commissioner shall approve or deny the application within 90 days [from] after the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
6. If the commissioner approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
(a) The minimum number of shares of common or preferred stock to be subscribed to the associations permanent capital;
(b) The minimum amount of paid-in surplus;
(c) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(d) Such other requirements as he deems necessary or desirable.
At least 75 percent of the capital must be subscribed by bona fide residents of this state or a depository institution or holding company qualified pursuant to NRS 666.225 to 666.375, inclusive.
κ1991 Statutes of Nevada, Page 1812 (CHAPTER 556, SB 497)κ
NRS 666.225 to 666.375, inclusive. Approval of an application for permission to organize an association does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
7. The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
8. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association [under] pursuant to the laws of this state and until it has applied for and secured insurance of accounts in accordance with the regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.
9. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
10. The filing fees are:
(a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative [fund] account created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office before issuance.
11. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
12. Every permission to organize issued by the commissioner must recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
13. Any corporation making application [under] pursuant to this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.
14. The removal of the home office or of any branch office of an association to any other location from its then existing location requires prior approval of the commissioner. An application seeking approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100, to be determined by the commissioner. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
κ1991 Statutes of Nevada, Page 1813 (CHAPTER 556, SB 497)κ
money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
15. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 192. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, which is authorized by the board of directors and approved by the commissioner and at which any of the associations business may be conducted.
2. All branch offices are subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office must:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a budget of the association for the current semiannual period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of the branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any property conducted existing association in the community where the branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. Before issuance of a charter for a branch office, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of a written protest, the commissioner shall fix a date for a hearing upon the protest. The hearing must be held not earlier than 60 days nor more than 90 days after the date of receipt of written notice by registered or certified mail by the parties.
6. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of the branch office is advisable and will serve the public interest, he may approve the application.
7. Approval of an associations application for a branch office charter permits the association to establish an operating office in a temporary or a permanent building, if the building is placed on or erected at the approved location within 12 months after the approval.
8. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. Failure to establish a branch office in the manner and within the time permitted under this section constitutes a good cause for revocation, unless a prior, written request for a waiver of the time limitation is sought by the association and an extension, in writing, is granted by the commissioner.
κ1991 Statutes of Nevada, Page 1814 (CHAPTER 556, SB 497)κ
9. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office, all advertising of or by the branch office must state clearly the location of the principal office of the association.
10. The filing fees are:
(a) For filing an original application, $200 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
(b) If the license is approved for issuance, $100 for each branch office before issuance.
Sec. 193. NRS 673.2176 is hereby amended to read as follows:
673.2176 1. An association shall immediately notify the commissioner of any change or proposed change in ownership of the associations stock which would result in any person, including a business trust, obtaining 5 percent or more of the associations outstanding capital stock.
2. An application must be submitted to the commissioner, pursuant to NRS 673.080, by a person who acquires:
(a) At least 25 percent of an associations outstanding stock; or
(b) Any outstanding stock of an association if the change will result in a change in the control of the association.
Except as otherwise provided in subsection 4, the commissioner shall conduct an investigation to determine whether the character and responsibility of the applicant is such as to command the confidence of the community in which the association is located. If the commissioner denies the application, he may forbid the applicant from participating in the business of the association.
3. The association with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
4. A savings and loan association may submit a written request to the commissioner to waive an investigation pursuant to subsection 1. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 194. NRS 675.100 is hereby amended to read as follows:
675.100 1. At the time of making the application, the applicant shall pay to the commissioner a nonrefundable fee of $500 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $500, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application.
2. All money received by the commissioner pursuant to this section must be placed in the investigative [fund] account created by NRS 232.285.
κ1991 Statutes of Nevada, Page 1815 (CHAPTER 556, SB 497)κ
Sec. 195. NRS 676.130 is hereby amended to read as follows:
676.130 1. At the time of making the application, the applicant shall:
(a) Pay to the commissioner a nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. In addition, a fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the commissioner, must be paid at the time of making the application. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
(b) Furnish a satisfactory bond to the State of Nevada, executed by an admitted surety company approved by the commissioner, in the amount of $10,000, or an appropriate substitute pursuant to NRS 676.135, conditioned upon the faithful accounting of all money collected upon accounts and entrusted to the licensee, or its employees or agents.
(c) Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.
2. Not later than 3 months after the issuance of the license and thereafter semiannually the commissioner shall determine the appropriate amount of bond or appropriate substitute which must be maintained by the licensee in accordance with the licensees average monthly balance in the trust account maintained pursuant to NRS 676.220:
AVERAGE MONTHLY BALANCE AMOUNT OF BOND
REQUIRED
Less than $50,000 $10,000
$50,000 or more but less than $100,000 25,000
$100,000 or more but less than $150,000 30,000
$150,000 or more but less than $200,000 40,000
$200,000 or more 50,000
Sec. 196. NRS 676.205 is hereby amended to read as follows:
676.205 1. A licensee shall immediately notify the commissioner of any change in the ownership of 5 percent or more of the outstanding voting stock of the licensee.
2. An application must be submitted to the commissioner, pursuant to NRS 676.120, by a person who acquires:
(a) At least 25 percent of a licensees outstanding voting stock; or
(b) Any outstanding voting stock of a licensee if the change will result in a change in the control of the licensee.
Except as otherwise provided in subsection 4, the commissioner shall conduct an investigation to determine whether the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter. If the commissioner denies the application, he may forbid the applicant from participating in the business of the licensee.
κ1991 Statutes of Nevada, Page 1816 (CHAPTER 556, SB 497)κ
3. The licensee with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
4. A licensee may submit a written request to the commissioner to waive an investigation pursuant to subsection 2. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 197. NRS 677.160 is hereby amended to read as follows:
677.160 1. The request for authority to engage in business [under] pursuant to this chapter must be set forth in an application in such form and containing such information as the commissioner [may require.] requires.
2. The filing fees are:
(a) For filing an original application, $1,000 for the principal office and $150 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative [fund] account created by NRS 232.285.
(b) If the license is approved for issuance, $500 for the principal office and $100 for each branch office before issuance.
Sec. 198. NRS 677.420 is hereby amended to read as follows:
677.420 1. A licensee shall immediately notify the commissioner of any change in the ownership of 5 percent or more of the outstanding voting stock of the licensee.
2. An application for approval must be submitted to the commissioner by a person who acquires:
(a) At least 25 percent of a licensees outstanding voting stock; or
(b) Any outstanding voting stock of a licensee if the change will result in a change in the control of the licensee.
Except as otherwise provided in subsection 4, the commissioner shall conduct an investigation in accordance with NRS 677.180. If the commissioner denies the application, he may forbid the applicant from participating in the business of the licensee.
3. The licensee with which the applicant is affiliated shall pay such a portion of the cost of the investigation as the commissioner requires. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
4. A licensee may submit a written request to the commissioner to waive an investigation pursuant to subsection 2. The commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or his employment with a financial institution.
Sec. 199. NRS 678.800 is hereby amended to read as follows:
678.800 1. Any credit union may, with the approval of the commissioner, merge with another credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of each credit union joining in the merger and approved by the affirmative vote of:
κ1991 Statutes of Nevada, Page 1817 (CHAPTER 556, SB 497)κ
each credit union joining in the merger and approved by the affirmative vote of:
(a) A majority of the members of the merging credit union present at a meeting called for that purpose; or
(b) A majority of the members of the merging credit union voting by mail on the question.
2. After agreement by the directors of each credit union and approval by the members of the merging credit union, the chairman and secretary of each credit union shall execute a certificate of merger, which must set forth:
(a) The time and place of the meeting of the board of directors at which the plan was agreed upon;
(b) The vote in favor of adoption of the plan;
(c) A copy of the resolution or other action by which the plan was agreed upon;
(d) The circumstances of the vote in which the members approved the plan agreed upon, if a vote was required; and
(e) The vote by which the plan was approved by the members, if a vote was required.
3. A copy of each of the certificates executed pursuant to subsection 2 and a copy of the plan of merger agreed upon by the credit unions joining in the merger must be forwarded to the division of financial institutions for certification and returned to the credit unions within 30 days.
4. After a merger is effected, all property, property rights and interest of the merged credit union [vests] vest in the surviving credit union without deed, endorsement or other instrument of transfer, and all debts, obligations and liabilities of the merged credit union are deemed to be assumed by the surviving credit union under whose charter the merger was effected.
5. If the surviving credit union is to be a credit union chartered [under] in accordance with the laws of this state, the application for approval of the merger must be accompanied by an application fee in an amount prescribed by regulation of the commissioner. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
6. The commissioner shall adopt regulations [under] pursuant to which he may order any credit union chartered [under] in accordance with the provisions of this chapter to merge with:
(a) Another credit union chartered [under] in accordance with the provisions of this chapter; or
(b) A credit union chartered [under] in accordance with the laws of another state or of the United States, if a majority of the board of that credit union approves the merger,
when he determines that the merger is in the best interest of the members of the merging credit union.
7. This section is to be liberally construed to permit a credit union chartered [under] in accordance with this chapter to merge with a credit union chartered [under] in accordance with this chapter or any other provisions of law.
κ1991 Statutes of Nevada, Page 1818 (CHAPTER 556, SB 497)κ
Sec. 200. NRS 678.810 is hereby amended to read as follows:
678.810 1. A credit union chartered [under] in accordance with the laws of this state may be converted to a credit union chartered [under] in accordance with the laws of any other state or [under] the laws of the United States, subject to regulations adopted by the commissioner.
2. A credit union chartered [under] in accordance with the laws of the United States or of any other state may convert to a credit union chartered [under] in accordance with the laws of this state. To effect such a conversion, a credit union must comply with all the requirements of the authority under which it was originally chartered and the requirements of the commissioner and file proof of such compliance with the commissioner.
3. Every application for permission to convert to a credit union chartered [under] in accordance with the laws of this state must be accompanied by an application fee in an amount prescribed by regulation of the commissioner. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative [fund] account created by NRS 232.285.
Sec. 201. (Deleted by amendment.)
Sec. 202. NRS 679B.305 is hereby amended to read as follows:
679B.305 1. There is hereby created the insurance recovery [fund as a special revenue] account in the state general fund. The commissioner shall promptly deposit with the state treasurer for credit to the [fund] account all recovery [fund] fees received from licensees [under] pursuant to the provisions of this Title.
2. A [fund] balance of not more than $40,000 must be maintained in the [fund] account to be used for satisfying claims against persons licensed [under] pursuant to chapters 683A, 684A, 685A and 692A of NRS. Any balance over $40,000 in the [fund] account at the end of any fiscal year must be set aside and used by the commissioner for insurance education and research.
3. The commissioner shall adopt reasonable regulations for the administration of the [fund,] account, including the manner, time, procedure and grounds for recovery against the [fund.] account.
4. The limit of liability of the insurance recovery [fund] account is $5,000 per fiscal year for any one licensee.
Sec. 203. NRS 680B.070 is hereby amended to read as follows:
680B.070 1. Each authorized insurer, fraternal benefit society, health maintenance organization, organization for dental care and motor club shall on or before March 1 of each year pay to the commissioner the uniform amount, not to exceed $15, as the commissioner requires, to cover the assessment levied upon this state in the same calendar year by the National Association of Insurance Commissioners to defray:
(a) The general expenses of the association; and
(b) Reasonable and necessary travel and related expenses incurred by the commissioner and members of his staff, without limitation as to number, in attending meetings of the association and its committees, subcommittees, hearings and other official activities.
The commissioner shall give written notice of the required amount.
κ1991 Statutes of Nevada, Page 1819 (CHAPTER 556, SB 497)κ
2. Expenses incurred for the purposes described in paragraphs (a) and (b) of subsection 1 must be paid in full and are not subject to the limitations expressed in NRS 281.160 or in the regulations of any state agency.
3. All money received by the commissioner pursuant to subsection 1 must be deposited in the state treasury for credit to the insurance division national association [fund] account, which is hereby created [as a special revenue] in the state general fund. Except as otherwise provided in subsection 2, all claims against the [fund] account must be paid as other claims against the state are paid.
Sec. 204. NRS 680B.110 is hereby amended to read as follows:
680B.110 1. If the commissioner is satisfied as to the reasonableness of the budget estimate as provided in NRS 680B.100, he shall determine the portion of the [funds] money required by [such] the budget estimate to be assessed as provided in this section, by deducting from [such budget] the estimate or from the sum of $250,000, whichever is [lesser,] less, any amounts received or receivable by the committee from other states whose laws do not substantially conform to the method of assessment provided by NRS 680B.080 to 680B.110, inclusive, and applying to the remainder the proportion which the total investments in securities of domestic life insurers bears to the total investments in securities of life insurers domiciled in this and other states whose laws authorize and require assessments on substantially the same basis as herein provided.
2. The commissioner shall thereafter, as soon as convenient, by notice stating the method of computation thereof, assess the amount to be paid on account of such expenses, pro rata, upon all domestic life insurers in the proportion which the total investments in securities of each domestic life insurer bears to the total investments in securities of all such insurers.
3. The total investments in securities of any life insurer for purposes of this section [shall be] is the total admitted value of stocks and bonds reported as such in its annual statement last filed with the commissioner or other supervisory officer of its state of domicile [prior to such assessment.] before the assessment required by this section.
4. Upon receipt of [such notice, each such] the notice required by subsection 2, each insurer shall, within 30 days, pay the assessment to the commissioner, who shall remit [such funds] the money to the state treasurer as custodian thereof.
5. The state treasurer shall place [such] the money in the insurance division national association [fund.] account.
6. Upon presentation of proper vouchers approved by the commissioner, the state controller shall issue his warrants upon the [fund,] account, and the state treasurer shall pay the warrants out of the money credited to the [fund. Such disbursement shall] account. This disbursement must be made to the committee on valuation of securities of the National Association of Insurance Commissioners for the purposes provided in NRS 680B.080 to 680B.110, inclusive.
κ1991 Statutes of Nevada, Page 1820 (CHAPTER 556, SB 497)κ
Sec. 205. NRS 682B.040 is hereby amended to read as follows:
682B.040 1. Except as otherwise provided in NRS 682B.050 and 682B.055, deposits made in this state [under] pursuant to this code must be made through the commissioner. The [fund] account for the insurance division is hereby created [as an agency fund.] in the state agency fund for bonds. All money received by the commissioner must be deposited with the state treasurer to the credit of the [fund] account for the insurance division. All claims against the [fund] account must be paid as other claims against the state are paid.
2. The State of Nevada is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner [under] pursuant to this code, and shall bear the costs of the depository.
Sec. 206. NRS 686B.170 is hereby amended to read as follows:
686B.170 1. Whenever he deems it necessary in order to inform himself about any matter related to the enforcement of the insurance laws, the commissioner may examine the affairs and condition of any rate service organization under subsection 1 of NRS 686B.130. So far as reasonably necessary for an examination [under] pursuant to this subsection, the commissioner may examine the accounts, records, documents or evidences of transactions, so far as they relate to the examinee, of any officer, manager, general agent, employee, person who has executive authority over or is in charge of any segment of the examinees affairs, person controlling or having a contract under which he has the right to control the examinee whether exclusively or with others, person who is under the control of the examinee, or any person who is under the control of a person who controls or has a right to control the examinee whether exclusively or with others. On demand every examinee under this subsection shall make available to the commissioner for examination any of its own accounts, records, documents or evidences of transactions and any of those of the persons listed in this subsection.
2. The commissioner shall examine every licensed rate service organization at intervals to be established by rule.
3. In lieu of all or part of an examination [under] conducted pursuant to subsections 1 and 2, or in addition to it, the commissioner may order an independent audit by certified public accountants or actuarial evaluation by actuaries approved by him of any person subject to the examination requirement. Any accountant or actuary selected [shall be] is subject to rules respecting conflicts of interest promulgated by the commissioner. Any audit or evaluation [under] conducted pursuant to this subsection [shall be] is subject to subsections 6 to 15, inclusive, so far as appropriate.
4. In lieu of all or part of an examination [under] conducted pursuant to this section, the commissioner may accept the report of an audit already made by certified public accountants or actuarial evaluation by actuaries approved by him, or the report of an examination made by the insurance department of another state.
5. An examination may [but need not] cover comprehensively all aspects of the examinees affairs and condition. The commissioner shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including but not limited to the length of time the examinee has been operating, the length of time he has been licensed in this state, the nature of the services provided, the nature of the accounting records available and the nature of examinations performed elsewhere.
κ1991 Statutes of Nevada, Page 1821 (CHAPTER 556, SB 497)κ
in this state, the nature of the services provided, the nature of the accounting records available and the nature of examinations performed elsewhere.
6. For each examination [under] conducted pursuant to this section, the commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand a copy of the order [shall] must be exhibited to the examinee.
7. Any examiner authorized by the commissioner shall, so far as necessary to the purposes of the examination, have access at all reasonable hours to the premises and to any books, records, files, securities, documents or property of the examinee and to those of persons [under] listed in subsection 1 so far as they relate to the affairs of the examinee.
8. The officer, employees and agents of the examinee and of persons [under] listed in subsection 1 shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. A person shall not obstruct or interfere with the examination in any way other than by legal process.
9. If the commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the examinee or improperly kept or posted, he may employ experts to rewrite, post or balance them at the expense of the examinee.
10. The examiner in charge of an examination shall make a proposed report of the examination which [shall] must include such information and analysis as is ordered in subsection 6, together with the examiners recommendations. Preparation of the proposed report may include conferences with the examinee or his representatives at the option of the examiner in charge. The proposed report [shall remain] is confidential until filed [under] in accordance with subsection 11.
11. The commissioner shall serve a copy of the proposed report upon the examinee. Within 20 days after service, the examinee may serve upon the commissioner a written demand for a hearing on the contents of the report. If a hearing is demanded, the commissioner shall give notice and hold a hearing [under] pursuant to NRS 679B.310 to 679B.370, inclusive, except that on demand by the examinee the hearing [shall] must be private. Within 60 days after the hearing , or if no hearing is demanded then within 60 days after the last day on which the examinee might have demanded a hearing, the commissioner shall adopt the report with any necessary modifications and file it for public inspection, or he shall order a new examination.
12. The commissioner shall forward a copy of the examination report to the examinee immediately upon adoption, except that if the proposed report is adopted without change, the commissioner need only so notify the examinee.
13. The examinee shall forthwith furnish copies of the adopted report to each member of its board of directors or other governing board.
14. The commissioner may furnish, without cost or at a price to be determined by him, a copy of the adopted report to the insurance commissioner of each state in the United States and of each foreign jurisdiction in which the examinee is licensed and to any other interested person in this state or elsewhere.
15. In any proceeding by or against the examinee or any officer or agent thereof the examination report as adopted by the commissioner [shall be] is admissible as evidence of the facts stated therein.
κ1991 Statutes of Nevada, Page 1822 (CHAPTER 556, SB 497)κ
admissible as evidence of the facts stated therein. In any proceeding by or against the examinee, the facts asserted in any report property admitted in evidence [shall be] are presumed to be true in the absence of contrary evidence.
16. The reasonable costs of an examination [under] conducted pursuant to this section [shall] must be paid by the examinee except as otherwise provided in subsection 19. [The costs shall] These costs include the salary and expenses of each examiner and any other expenses which [may be] are directly apportioned to the examination.
17. The amount payable [under] pursuant to subsection 16 [shall become] is due 10 days after the examinee has been served a detailed account of the costs.
18. The commissioner may require any examinee, before or from time to time during as examination , to deposit with the state treasurer such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made [under] pursuant to subsections 16 and 17 [shall] must be deposited in the insurance examination [fund.] account.
19. On the examinees request or on his own motion, the commissioner may pay all or part of the costs of an examination [,] whenever he finds that, because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The commissioner shall include in his annual report information about any instance in which he applied this subsection.
20. Deposits and payments [under] made pursuant to subsections 16 to 19, inclusive, shall not be deemed to be a tax or license fee within the meaning of any statute. If any other state charges a per diem fee for examination of examinees domiciled in this state, any examinee domiciled in that other state shall [be required to] pay the same fee when examined by the commissioner of insurance of this state.
Sec. 207. NRS 689.710 is hereby amended to read as follows:
689.710 The insurance divisions regulatory [fund] account is hereby created [as a special revenue] in the state general fund. Except for money which is required to be deposited in the insurance examination [fund] account created by NRS 679B.300, all money collected by the commissioner [under] pursuant to the provisions of this chapter and chapter 452 of NRS must be deposited in the state treasury for credit to the insurance divisions regulatory [fund.] account. Expenses incurred in carrying out the provisions of this chapter must be paid from the insurance divisions regulatory [fund] account as other claims against the state are paid.
Sec. 208. Section 3 of chapter 686, Statutes of Nevada 1987, at page 1646, is hereby amended to read as follows:
Sec. 3. 1. In preparing to acquire the works of art, the council may:
(a) Select and commission any artist for the creation of a concept for a work of art;
(b) Review the artists plans and designs;
(c) Supervise the artists execution of a model of the work; and
(d) Accept the concept and model for the work of art.
2. The [fund] account for art in public works is hereby created [as a special revenue] in the state general fund under the administration of the council.
κ1991 Statutes of Nevada, Page 1823 (CHAPTER 556, SB 497)κ
council. Claims against the [fund] account must be paid out as other claims against the state are paid.
3. The council may use the money in the [fund] account for the art in public works for:
(a) Employing artists to create concepts for works of art;
(b) Materials and services required to produce a model of the proposed works of art; and
(c) Expenses necessarily incurred in the administration of the program for the acquisition of works of art for the new buildings.
4. The council shall use at least one-half of the money allocated to the [fund] account for art in public works to acquire models of works of art for the new buildings.
5. Any contract concerning the acquisition of a model of a work of art must be negotiated and entered into separately from any other contract relating to the project.
Sec. 209. Section 2 of chapter 17, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 2. NRS 212.040 is hereby amended to read as follows:
212.040 1. 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 must be paid out of the reserve for statutory contingency account upon approval by the state board of examiners.
2. Except as otherwise provided in NRS 211.060, 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 county, city or other local government responsible for the operation of that facility.
Sec. 210. Section 3 of chapter 17, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 3. NRS 212.050 is hereby amended to read as follows:
212.050 1. If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, escapes therefrom, or is charged with murder or the perpetration of any crime punishable with death, the governor may, upon satisfactory evidence of the guilt of the accused, offer a reward for information that leads to his apprehension. The reward offered by the governor must not exceed the sum of $5,000, and must be paid out of the reserve for statutory contingency account upon approval by the state board of examiners.
2. If any person who has been sentenced to confinement in a jail, branch county jail or other local detention facility by any court having competent authority within this state, escapes therefrom, or is charged with murder or the perpetration of any crime punishable with death, the board of county commissioners of the county, the governing body of the city or other local government responsible for the operation of the facility may, upon satisfactory evidence of the guilt of the accused, offer a reward for information that leads to his apprehension. The reward offered by the board, governing body or other local government must not exceed the sum of $5,000.
κ1991 Statutes of Nevada, Page 1824 (CHAPTER 556, SB 497)κ
offered by the board, governing body or other local government must not exceed the sum of $5,000.
Sec. 211. Section 4 of chapter 17, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 4. NRS 212.070 is hereby amended to read as follows:
212.070 1. The expenses and costs of prosecuting any person 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, are a charge against the state and must be paid from the reserve for statutory contingency account upon approval by the state board of examiners.
2. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, a jail, branch county jail or other local detention facility or attempting so to do, or for the commission of any crime while a prisoner therein, are a charge against the county, city or other local government responsible for the operation of that facility.
Sec. 212. Section 15 of chapter 44, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 15. 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.] to represent the petitioner. In making its determination, the court may consider , among other things, the severity of the consequences facing the petitioner and 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 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] :
(a) The date 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] ; or
(b) The date of his appointment,
whichever is later. If it has not previously been filed, 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.
κ1991 Statutes of Nevada, Page 1825 (CHAPTER 556, SB 497)κ
5. No further pleadings may be filed except as ordered by the court.
Sec. 213. Section 23 of chapter 44, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 23. NRS 7.155 is hereby amended to read as follows:
7.155 The compensation and expenses of an attorney appointed to represent a defendant must be paid from the county treasury unless the proceedings are based upon a post-conviction petition for habeas corpus , [or other post-conviction relief,] in which [cases] case the compensation and expenses must be paid from money appropriated to the office of state public defender, but after the appropriation for such expenses is exhausted, money must be allocated to the office of state public defender from the reserve for statutory contingency account for the payment of such compensation and expenses.
Sec. 214. Section 30 of chapter 44, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 30. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency account is hereby created in the state general fund.
2. The state board of examiners shall administer the reserve for statutory contingency account, and the money in the account must be expended only for:
(a) The payment of claims which are obligations of the state 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 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 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. 215. Section 1 of chapter 107, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
κ1991 Statutes of Nevada, Page 1826 (CHAPTER 556, SB 497)κ
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The commissioner may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the commissioner at the same time as he submits the report to the company. The commissioner shall by regulation prescribe the scope of audits pursuant to this subsection.
4. A certificate of exemption issued pursuant to subsection 4 of NRS 645B.020 expires December 31 next after the date of issuance if it is not renewed. A certificate of exemption may be renewed by filing an application for renewal and paying the annual fee for renewal of a certificate of exemption for the succeeding year. The application and payment must be received by the commissioner on or before December 31 next preceding the expiration date. If the application or payment is not received by December 31, the certificate of exemption is canceled. The commissioner may reinstate the certificate if the applicant pays the filing fee and a reinstatement fee of $100.
5. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a certificate of exemption, $200.
(e) For filing an application for renewal of a certificate of exemption, $100.
(f) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
6. Except as otherwise provided in this chapter, all fees received pursuant to this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 216. Section 7 of chapter 176, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 7. NRS 567.130 is hereby amended to read as follows:
567.130 1. The board, acting as the committee, may:
κ1991 Statutes of Nevada, Page 1827 (CHAPTER 556, SB 497)κ
(a) Enter into cooperative agreements with the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture in its program of predatory animal control.
(b) Contribute money to aid the program from the account for control of predatory animals in accordance with the terms of [any such] the cooperative agreements and within the limitations of the account for control of predatory animals.
2. The board may [draw upon] withdraw money from the account for control of predatory animals for this purpose only and the [sums so drawn] money withdrawn must be made available from the account by the proper authorities of the state in the amounts and for the purposes for which [they are drawn.] the money is withdrawn.
Sec. 217. Section 9 of chapter 176, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 9. NRS 567.150 is hereby amended to read as follows:
567.150 [In the case of any proceeds] Any money from the sale of furs received by the board from the [Fish and Wildlife Service of the] United States Department of [the Interior] Agriculture or any other contributions which are received by the board for aiding in control of predatory animals [, the amounts concerned] must be deposited by the board in the state treasury for credit to the account for the control of predatory animals [, becoming a part thereof and subject to] and may only be expended in accordance with the provisions of NRS 567.100 to 567.170, inclusive.
Sec. 218. Section 6 of Assembly Bill No. 423 of this session is hereby amended to read as follows:
Sec. 6. NRS 463.225 is hereby amended to read as follows:
463.225 1. If satisfied that an applicant is eligible to receive a state gaming, manufacturing, selling, distributing or pari-mutuel wagering license, and upon tender of:
(a) All license fees and taxes as required by law and regulation of the commission; and
(b) A bond executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license,
the commission shall issue and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed [.] , together with an enumeration of the specific terms and conditions of the license. The commission shall prepare and maintain a written record of the specific terms and conditions of any license issued [and delivered] and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee [.] upon request.
2. The commission shall fix the amount of the bond to be required pursuant to subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee [under] pursuant to this chapter.
κ1991 Statutes of Nevada, Page 1828 (CHAPTER 556, SB 497)κ
bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee [under] pursuant to this chapter.
3. In lieu of a bond an applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commission.
4. If the requirement for a bond is satisfied in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the account for bonds of state gaming licensees, which is hereby created 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. 219. Section 13 of chapter 389, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 13. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission are entitled to receive reasonable compensation fixed by the [district] judge impaneling the commission. The compensation is a charge against and must be paid by the mental hygiene and mental retardation division upon an order therefor signed by the [district] judge and submitted to the administrator of the division. The administrator shall submit a claim for payment of the order in the manner provided by law. After the appropriation for this purpose is exhausted, money must be allocated to the mental hygiene and mental retardation division out of the reserve for statutory contingency account upon approval by the state board of examiners, for payment of the compensation.
Sec. 220. Section 8 of Senate Bill No. 462 of this session is hereby amended to read as follows:
Sec. 8. NRS 459.735 is hereby amended to read as follows:
459.735 1. The contingency account for hazardous materials is hereby created in the state general fund.
2. The commission [established by the governor pursuant to Public Law 99-499] shall administer the contingency account for hazardous materials, and the money in the account may be expended only for:
(a) Carrying out the provisions of NRS 459.735 to 459.770, inclusive [;] , and sections 2 to 5, inclusive, of this act;
(b) Carrying out the provisions of Public Law 99-499;
(c) Maintaining and supporting the operations of the commission and local emergency planning committees;
(d) Training and equipping state and local personnel to respond to accidents and incidents involving hazardous materials; and
[(d)] (e) Operation of training programs and 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 account for hazardous materials.
κ1991 Statutes of Nevada, Page 1829 (CHAPTER 556, SB 497)κ
for hazardous materials. The state controller shall transfer from the contingency account to the operating account of the state fire marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the state fire marshal for use pursuant to paragraph (e) of subsection 2. The interest and income earned on the money in the contingency account, after deducting any applicable charges, must be credited to the account.
4. All claims against the contingency account for hazardous materials must be paid as other claims against the state are paid.
Sec. 221. NRS 90.850, 233A.105 and 428.135, section 3 of chapter 122, Statutes of Nevada 1991, and section 15 of chapter 249, Statutes of Nevada 1991, are hereby repealed.
Sec. 222. At the end of the fiscal year 1990-91, the state controller:
1. Shall transfer the assets and liabilities, to the extent that the assets are not encumbered for the fiscal year 1990-91, of:
(a) The revolving fund for investigation and enforcement actions involving securities to the account of the securities division of the office of the secretary of state in the state general fund.
(b) The Nevada Indian commissions gift fund to the account of the Nevada Indian commission in the state general fund.
2. Shall, to the extent not required by subsection 1, transfer the assets and liabilities of each fund eliminated by an amendatory provision of this act to the account created by that provision.
Sec. 223. 1. This section and sections 1 to 86, inclusive, 88, 89, 90, 93 to 117, inclusive, 119 to 123, inclusive, 125 to 171, inclusive, and 173 to 222, inclusive, of this act become effective on July 1, 1991.
2. Sections 87, 91, 92, 105, 118, 124 and 172 of this act become effective at 12:01 a.m. on July 1, 1991.
________
Assembly Bill No. 183Committee on Government Affairs
CHAPTER 557
AN ACT relating to merit awards for state employees; revising the eligibility requirements for merit awards; authorizing the expenditure of a limited amount of money for expenses of the merit award 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. NRS 285.030 is hereby amended to read as follows:
285.030 1. The controlling authority of the merit award program is the merit award board.
2. The board must be composed of five members as follows:
(a) Two members of the Nevada State Employees Association designated by the executive committee of that association.
κ1991 Statutes of Nevada, Page 1830 (CHAPTER 557, AB 183)κ
(b) One member from the budget division of the department of administration appointed by the chief of the budget division.
(c) One member from the department of personnel appointed by the director of the department.
(d) One member appointed by and representing the governor.
3. The member from either the budget division of the department of administration or from the department of personnel must serve as the secretary of the board.
4. The board shall adopt regulations for transacting its business and carrying out the provisions of this chapter.
5. Within the limits of legislative appropriations, the board may expend up to $1,000 per year on expenses relating to the operation of the board.
Sec. 2. NRS 285.050 is hereby amended to read as follows:
285.050 1. Every state employee is eligible to offer an employee suggestion.
2. [A state employee is not eligible for an award for a suggestion pertaining to a subject assigned to him for research, development or a solution for which he has a clear and specific responsibility as part of his normal job responsibilities.
3.] To be eligible for an award an employee must propose a change which is not currently under active consideration by the state agency affected.
[4.] 3. If duplicate suggestions are submitted, only the first suggestion received is eligible for an award.
Sec. 3. NRS 285.070 is hereby amended to read as follows:
285.070 1. Insofar as it may be equitable and practicable, the amount of the cash award allowed for an employees suggestion [shall] must be predicated upon the savings to the state. No cash award may exceed $500.
2. Cash payments to employees arising out of adopted suggestions [shall] must be paid from [moneys] money appropriated by the legislature for [such] that purpose.
3. No more than $5,000 each fiscal year may be [expended on merit award plans.] distributed as cash payments to employees pursuant to NRS 285.010 to 285.070, inclusive.
________
κ1991 Statutes of Nevada, Page 1831κ
Assembly Bill No. 197Committee on Government Affairs
CHAPTER 558
AN ACT relating to community water systems; establishing a program of loans for capital improvements required of community water systems; authorizing the issuance of revenue bonds to support the purposes of the program; 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 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires:
1. Board means the board for financing water projects created pursuant to NRS 349.957.
2. Community water system means a public water system which:
(a) Has 15 or more service connections; or
(b) Serves 25 or more persons,
at places which are intended for year-round occupancy.
3. Fund means the revolving fund to finance capital improvements to community water systems created by section 5 of this act.
4. Public water system has the meaning ascribed to it in NRS 445.376.
5. Supplier of water has the meaning ascribed to it in NRS 445.377.
Sec. 3. There is hereby established a program to provide loans at or below the market rate to suppliers of water to pay for costs of capital improvements to community water systems required or made necessary by the state board of health pursuant to NRS 445.361 to 445.399, inclusive, or by the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) and the regulations adopted pursuant thereto.
Sec. 4. 1. The board shall administer the program and shall adopt regulations necessary for that purpose.
2. The regulations must provide such requirements for participation in the program as the board deems necessary.
3. The board may, by regulation, impose an administrative fee which must be collected from each recipient of a loan from the fund. If such a fee is imposed, all revenue derived from the fee must be used to defray the costs of administering the fund and the expenses of the board in administering the program.
Sec. 5. 1. Loans may be made under the program only for those community water systems that are in operation on the effective date of this act.
2. In making its determination of which suppliers of water are to receive loans, the board shall give preference to those suppliers whose community water systems regularly serve fewer than 6,000 persons.
3. Except as otherwise provided in subsections 1 and 2, the determination of which suppliers of water are to receive loans is solely within the discretion of the board.
κ1991 Statutes of Nevada, Page 1832 (CHAPTER 558, AB 197)κ
4. The board shall administer any money made available to this state by the Federal Government for the purposes of the program.
Sec. 6. 1. The revolving fund to finance capital improvements to community water systems is hereby created.
2. Except as otherwise provided by subsection 3 of section 4 of this act, the money in the fund must be used only to make loans in furtherance of the program.
3. All claims against the fund must be paid as other claims against the state are paid.
Sec. 7. All money received for the fund:
1. From the issuance of bonds pursuant to section 8 of this act;
2. As payment of principal or interest on loans made from the fund; or
3. From any other source,
must be deposited with the state treasurer to the credit of the fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 8. 1. The state board of examiners shall issue revenue bonds in the face amount of not more than $100,000,000 to support the purposes of the program established by section 3 of this act. The net proceeds from the sale of the bonds, after deduction of the expenses related to the issuance of the bonds, must be deposited in the fund to finance capital improvements to community water systems.
2. The bonds and the interest thereon are payable solely from the net revenues received for the fund as payment of principal and interest on loans made from the fund.
Sec. 9. Money obtained by a supplier of water from a loan made pursuant to the program may not be used as any part of an amount of money required to be provided by the recipient as a condition of receiving a grant of money for similar purposes.
Sec. 10. The provisions of NRS 349.935 to 349.956, inclusive, and 349.961 do not apply to the program or to any loans made or bonds issued pursuant to this act.
Sec. 11. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1833κ
Assembly Bill No. 198Committee on Government Affairs
CHAPTER 559
AN ACT relating to water systems; establishing a program of grants for capital improvements required of certain water systems; authorizing the issuance of general obligation bonds to support the purposes of the program; requiring redemption of those bonds through the consolidated bond interest and redemption fund; 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 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Board means the board for financing water projects created pursuant to NRS 349.957.
2. Community water system means a public water system which:
(a) Has 15 or more service connections; or
(b) Serves 25 or more persons,
at places which are intended for year-round occupancy.
3. Costs of capital improvements to community water systems and nontransient water systems means the costs traditionally associated with capital improvements to such systems and includes costs associated with the:
(a) Consolidation of existing systems; and
(b) Transfer and connection of a public water system to a system owned by a purveyor of water or a public utility.
4. Fund means the fund for grants to certain purveyors of water.
5. Nontransient water system means a public water system that regularly serves 25 or more of the same persons for more than 6 months per year, but which is not a community water system.
6. Public water system has the meaning ascribed to it in NRS 445.376.
7. Purveyor of water means a political subdivision engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
Sec. 3. There is hereby established a program to provide grants of money to purveyors of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the state board of health pursuant to NRS 445.361 to 445.399, inclusive, or made necessary by the Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) and the regulations adopted pursuant thereto.
Sec. 4. 1. The board shall administer the program and shall adopt regulations necessary for that purpose.
2. The regulations must provide such requirements for participation in the program as the board deems necessary.
3. The board may, by regulation, impose an administrative fee which must be collected from each recipient of a grant from the fund. If such a fee is imposed, all revenue derived from the fee must be used to defray the costs of administering the fund and the expenses of the board in administering the program.
κ1991 Statutes of Nevada, Page 1834 (CHAPTER 559, AB 198)κ
administering the fund and the expenses of the board in administering the program.
Sec. 5. 1. Grants may be made to purveyors of water under the program only for those community and nontransient water systems that are in operation and publicly owned on the effective date of this act.
2. In making its determination of which purveyors of water are to receive grants, the board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.
3. Each recipient of a grant shall provide, from a source other than the State of Nevada, an amount of money for the same purpose. The board shall develop a scale to be used to determine that amount, but in no case may the recipient be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the board determines to be relevant.
4. Except as otherwise provided in subsections 1 and 2, the determination of which purveyors of water are to receive grants is solely within the discretion of the board.
Sec. 6. 1. The fund for grants to certain purveyors of water is hereby created.
2. Except as otherwise provided by subsection 3 of section 4 of this act, the money in the fund must be used only to make grants in furtherance of the program.
3. All claims against the fund must be paid as other claims against the state are paid.
Sec. 7. All money received for the fund from:
1. The issuance of bonds pursuant to section 8 of this act; or
2. Any other source,
must be deposited with the state treasurer to the credit of the fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 8. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $25,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.
Sec. 9. 1. The provisions of NRS 349.150 to 349.364, inclusive, which are not inconsistent with the provisions of sections 2 to 9, inclusive, of this act, apply to the bonds issued pursuant to section 8 of this act.
2. The provisions of NRS 349.935 to 349.956, inclusive, and 349.961 do not apply to the program or to any grants made or bonds issued pursuant to section 8 of this act.
Sec. 10. The legislature finds and declares that the issuance of bonds pursuant to section 8 of this act is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and that the issuance constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
κ1991 Statutes of Nevada, Page 1835 (CHAPTER 559, AB 198)κ
conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 11. This act becomes effective upon passage and approval.
________
Assembly Bill No. 270Assemblymen Price, Gibbons, Petrak, Anderson, Giunchigliani, Pettyjohn, Arberry, Goetting, Sader, Bache, Gregory, Scherer, Bayley, Haller, Spitler, Bennett, Heller, Spriggs, Bergevin, Johnson, Stout, Callister, Lambert, Myrna Williams, Carpenter, Little, Wendell Williams, Elliott, McGaughey, Wong, Evans, McGinness, Krenzer, Freeman, Marvel, Kerns, Garner, Norton, Porter and Dini
CHAPTER 560
AN ACT relating to the state legislature; requiring the legislative counsel to disclose, under certain circumstances, the name of the requester of a legislative measure requested by or through a standing or special committee; 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 218 of NRS is hereby amended by adding thereto a new section to read as follows:
The legislative counsel shall, upon request, disclose the name of the legislator who has requested the preparation of a measure through a standing or special committee of the legislature if:
1. The measure is introduced in the legislature; or
2. The legislature requests that his name be disclosed as the requester of the measure.
Sec. 2. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive [.] , and section 1 of this act.
2. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
3. The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of general services and request that he print or present the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 3. NRS 218.625 is hereby amended to read as follows:
218.625 1. The director, other officers and employees of the legislative counsel bureau shall not:
κ1991 Statutes of Nevada, Page 1836 (CHAPTER 560, AB 270)κ
(a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as otherwise provided in this section , [and] NRS 218.2475, and section 1 of this act, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.
3. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
4. The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission prescribes.
5. If a legislator asks whether a request for proposed legislation relating to a specific topic has been submitted to the legislative counsel for preparation, the legislative counsel shall disclose to that legislator whether such a request has been submitted.
6. Upon receipt of a request for the preparation of a measure to be submitted to the legislature which duplicates or closely resembles a request previously submitted for the same legislative session, the legislative counsel shall, to the extent practicable, notify the person submitting the duplicative request of that fact and, except as otherwise provided in this subsection, ask the person to withdraw the request. If the request is not withdrawn, the legislative counsel shall inform the previous requestor of the fact that a duplicative request has been made. If the request is submitted by a requester on his own behalf, and the previous request was submitted by a legislator who is a member of the other house of the legislature, the legislative counsel shall inform the second requester of the fact that the request is duplicative.
________
κ1991 Statutes of Nevada, Page 1837κ
Assembly Bill No. 428Committee on Judiciary
CHAPTER 561
AN ACT relating to gaming; making various changes relating to the regulation of gaming; requiring independent agents to obtain a work permit; increasing the authority of certain agents of the state gaming control board to exercise the powers of peace officers; authorizing the board to select disseminators without a hearing; requiring the licensure of an operator of an off-track pari-mutuel system; 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 463 of NRS is hereby amended by adding thereto a new section to read as follows:
Affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, a specified person.
Sec. 2. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, sections 2 and 3 of Assembly Bill No. 554 of this session, and sections 3 and 4 of [this act,] Assembly Bill No. 423 of this session, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 463.0157 is hereby amended to read as follows:
463.0157 1. Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:
[1.] (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;
(b) Boxmen;
[2.] (c) Cashiers;
[3.] (d) Change personnel;
[4.] (e) Counting room personnel;
[5.] (f) Dealers;
[6.] (g) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;
(h) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;
[7.] (i) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
[8.] (j) Floormen;
[9.] (k) Hosts or other persons empowered to extend credit or complimentary services;
[10.] (l) Keno runners;
[11.] (m) Keno writers;
κ1991 Statutes of Nevada, Page 1838 (CHAPTER 561, AB 428)κ
[12.] (n) Machine mechanics;
[13.] (o) Odds makers and line setters;
[14.] (p) Security personnel;
[15.] (q) Shift or pit bosses;
[16.] (r) Shills;
[17.] (s) Supervisors or managers;
[18. Ticket writers;
19. Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing; and
20. Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming.] and
(t) Ticket writers.
2. Gaming employee does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.
Sec. 4. NRS 463.0165 is hereby amended to read as follows:
463.0165 License means a gaming license , [or] a manufacturers, sellers or distributors license [.] or a license issued to an operator of an off-tract pari-mutuel system.
Sec. 5. NRS 463.0197 is hereby amended to read as follows:
463.0197 Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing [the employment of] the holder to be employed as a gaming employee [.] or to serve as an independent agent. A document issued by any governmental authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.
Sec. 6. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses must be administered by the board and the commission, which shall administer them, for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board and the commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment , [or] supplies , documents or records for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of [applicants and licensees, on their premises, or elsewhere as practicable, and in the presence of the licensee] any applicant or licensee, on his premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
κ1991 Statutes of Nevada, Page 1839 (CHAPTER 561, AB 428)κ
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the board or commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for a period of 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.
4. The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter , chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 463B, 464 or 465 of NRS. For the purpose of the administration and enforcement of [this chapter and chapters 463B, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees,] those provisions, the members of the board [, the] and commission and [the executive, supervisory and investigative personnel of both the board and the commission] those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer of this state.
5. An agent of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers standards and training committee, also has the powers of a peace officer of this state when, during the performance of those duties:
(a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or
(b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.
6. For the purpose of protecting members of the board and of the commission and their families and property, and providing security at meetings of the board and of the commission, [the employees of the enforcement division] those agents of the board whose duties include the enforcement of statutes or regulations have the powers of a peace officer of this state.
[6.] 7. The board and the commission or any of its members has full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
κ1991 Statutes of Nevada, Page 1840 (CHAPTER 561, AB 428)κ
Sec. 7. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees and independent agents in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee or serve as an independent agent unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city [.] ,
except that an independent agent is not required to hold a work permit if he is not a resident of this state and has registered with the board in accordance with the provisions of the regulations adopted by the commission.
3. A work permit issued to a gaming employee or an independent agent must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. [Any holder of] A gaming employee who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment. An independent agent who is issued a work permit must obtain renewal of the permit from the issuing agency within 10 days after executing an agreement to serve as an independent agent within the jurisdiction of the issuing agency.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
κ1991 Statutes of Nevada, Page 1841 (CHAPTER 561, AB 428)κ
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing , the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
9. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency.
κ1991 Statutes of Nevada, Page 1842 (CHAPTER 561, AB 428)κ
disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
11. A work permit expires unless renewed [within 10 days after a change of place of employment] in accordance with subsection 4, or if the holder thereof is not employed as a gaming employee or does not serve as an independent agent within the jurisdiction of the issuing authority for more than 90 days.
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize such person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 8. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee or independent agent is convicted of any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by or an independent agent contracting with the licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive:
(a) If the gaming employee or independent agent holds a work permit issued by the board, revoke it.
(b) If the gaming employee or independent agent holds a work permit issued by a county or city licensing authority, notify [such] the authority to revoke it, and the county or city licensing authority shall revoke it.
κ1991 Statutes of Nevada, Page 1843 (CHAPTER 561, AB 428)κ
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify the authority to revoke it, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gaming employee or independent agent has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued a work permit:
(a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B, 464 or 465 of NRS;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board;
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;
(f) Accepted employment without prior commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. A work permit must not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section, or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the commission members.
4. A gaming employee or independent agent whose work [card] permit has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315 to 463.318, inclusive.
5. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.
κ1991 Statutes of Nevada, Page 1844 (CHAPTER 561, AB 428)κ
Sec. 9. NRS 463.3403 is hereby amended to read as follows:
463.3403 Any information obtained by the board from any licensee, his employer or agent relating to the termination of the employment of a gaming employee or the services of an independent agent is confidential and must not be disclosed except:
1. Such information obtained from the former employer of an applicant for a work permit must be disclosed to the applicant to the extent necessary to permit him to respond to any objection made by the board to his application for the permit;
2. In the necessary administration of this chapter; or
3. Upon the lawful order of a court of competent jurisdiction.
Sec. 10. NRS 463.422 is hereby amended to read as follows:
463.422 1. A disseminator who wishes to submit a proposal for the exclusive right to disseminate a live broadcast for a racing meet to users [shall] must give written notice to the board not earlier than 180 days nor later than 100 days before the racing meet begins. The board may provide for a shorter period of notice.
2. Within [10] 20 days after it receives such a notice, the board shall give written notice to the disseminator indicating when a written proposal must be submitted. If the board reviews the submitted proposals and determines that a hearing is necessary, the board shall give written notice to each disseminator and user [of its intention to] indicating that the board intends to conduct a hearing to determine which disseminator will receive the exclusive right to disseminate a live broadcast for a racing meet to users.
3. [The notice] If the board reviews the submitted proposals and determines that the selection of a disseminator may be made without a hearing, it shall give written notice of its determination and selection to each disseminator and shall post such a notice in a conspicuous place in each of its offices in Las Vegas and Carson City for inspection by members of the public.
4. All notices given by the board pursuant to this section must contain [the date, time and place of the hearing and any other] all information the commission, with the advice and assistance of the board, may prescribe by regulation.
Sec. 11. NRS 463.423 is hereby amended to read as follows:
463.423 1. [The] Whenever the board decides to conduct a hearing to determine which disseminator will receive the exclusive right to disseminate a live broadcast for a racing meet to users, the board shall appoint a hearing panel, consisting of three members, to conduct the hearing. The commission, with the advice and assistance of the board, shall prescribe by regulation the qualifications of those members.
2. The members of the panel are entitled to receive the necessary expenses incurred in carrying out their duties as prescribed by the board. The expenses must be paid from the account for the operation of hearing panels.
3. The board may enter into agreements necessary to provide for the services of the members of the hearing panels appointed pursuant to this section.
4. The board shall provide from its staff such additional personnel as it deems necessary to carry out the provisions of this section.
κ1991 Statutes of Nevada, Page 1845 (CHAPTER 561, AB 428)κ
Sec. 12. NRS 464.005 is hereby amended to read as follows:
464.005 As used in this chapter, unless the context otherwise requires:
1. Off-track pari-mutuel system means a computerized system, or component of such a system, that is used with regard to an interstate pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races.
2. Off-track pari-mutuel wagering means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on races or other sporting events which take place outside of this state.
[2.] 3. Operator of a system means a person engaged in providing an off-track pari-mutuel system.
4. Pari-mutuel system of wagering means any system whereby wagers with respect to the outcome of a race or other sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against [the operator.] that person. The term includes off-track pari-mutuel wagering.
Sec. 13. NRS 464.010 is hereby amended to read as follows:
464.010 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in this state, any form of wagering under the pari-mutuel system on any racing or sporting event without having first procured and maintained all required federal, state, county and municipal licenses.
2. It is unlawful for any person to function as an operator of a system without having first obtained a state gaming license.
3. Where any other state license is required to conduct a racing or sporting event, that license must first be procured before the pari-mutuel system of wagering may be licensed in connection therewith.
Sec. 14. 1. Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1991.
2. Section 2 of this act becomes effective at 12:02 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1846κ
Assembly Bill No. 758Assemblymen Norton, Johnson, Anderson, Petrak, Krenzer, Bache, Spitler, Bennett, Wong, Giunchigliani, Haller, Myrna Williams, Wendell Williams and Dini
CHAPTER 562
AN ACT relating to health insurance; requiring the commissioner of insurance to adopt regulations relating to the disclosure of coverage for emergency medical treatment; 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 689B.027 is hereby amended to read as follows:
689B.027 1. The commissioner shall adopt regulations which require an insurer to file with the commissioner, for his approval, a disclosure summarizing the coverage provided by each policy of group health insurance offered by the insurer. The disclosure must include:
(a) Any significant exception, reduction or limitation that applies to the policy; [and]
(b) Any restrictions on payments for emergency care, including related definitions of an emergency and medical necessity; and
(c) Any other information,
that the commissioner finds necessary to provide for full and fair disclosure of the provisions of the policy.
2. The disclosure must be written in language which is easily understood and must include a statement that the disclosure is a summary of the policy only, and that the policy itself should be read to determine the governing contractual provisions.
3. The commissioner shall not approve any proposed disclosure submitted to him pursuant to this section which does not comply with the requirements of this section and the applicable regulations.
________
Assembly Bill No. 437Committee on Ways and Means
CHAPTER 563
AN ACT making an appropriation to the department of motor vehicles and public safety for the expenses relating to the repair and improvement of the offices of the investigation division in Las Vegas; 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 motor vehicles and public safety the sum of $18,122 for the expenses related to the repair and improvement of the offices of the investigation division in Las Vegas as follows:
κ1991 Statutes of Nevada, Page 1847 (CHAPTER 563, AB 437)κ
expenses related to the repair and improvement of the offices of the investigation division in Las Vegas as follows:
1. Replace roof on office and outbuilding........................................ $7,875
2. Replace air-conditioning units......................................................... $7,352
3. Replace carpeting.............................................................................. $2,895
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 499Committee on Commerce
CHAPTER 564
AN ACT relating to escrow; transferring authority for the regulation of certain escrow agencies and agents from the real estate division to the division of financial institutions of the department of commerce; requiring an annual examination of each escrow agency or title insurer doing business in this state; authorizing the establishment of fees; including as an escrow activity the collection of installment debt secured by real property; authorizing disciplinary action against an escrow agency, title agent or title insurer for failure to supervise adequately certain persons employed or appointed by him; 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 645A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner shall establish by regulation the fees to be paid by escrow agencies for the supervision and examination of such agencies by the commissioner or the division.
2. In establishing the fees, the commissioner shall consider:
(a) The complexity of the various examinations to which the fees apply;
(b) The skill required to conduct such examinations;
(c) The expenses associated with conducting such examinations and preparing reports; and
(d) Any other factors the commissioner deems relevant.
3. The commissioner shall adopt regulations prescribing the standards for determining whether an escrow agency has maintained adequate supervision of an escrow agent pursuant to the provisions of this chapter.
Sec. 2. NRS 645A.010 is hereby amended to read as follows:
645A.010 As used in this chapter, unless the context otherwise requires:
1. [Administrator means the real estate administrator.] Commissioner means the commissioner of financial institutions.
2. Division means the [real estate] division of financial institutions of the department of commerce.
κ1991 Statutes of Nevada, Page 1848 (CHAPTER 564, AB 499)κ
3. Escrow means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by such third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of the latter. The term includes the collection of payments and the performance of related services by a third person in connection with a loan secured by a lien on real property.
4. Escrow agency means:
(a) Any person who employs one or more escrow agents; or
(b) An escrow agent who administers escrows on his own behalf.
5. Escrow agent means any person engaged in the business of administering escrows for compensation.
Sec. 3. NRS 645A.020 is hereby amended to read as follows:
645A.020 1. A person who wishes to be licensed as an escrow agent or agency must file a written application in the office of the [administrator.] commissioner.
2. The application must:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state and residence address.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the escrow business.
(g) Require a financial statement of the applicant.
(h) Require such other information as the [administrator] commissioner determines necessary.
(i) If for an escrow agency, designate a natural person to receive service of process in this state for the agency.
3. If the [administrator] commissioner determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent or agency.
4. An escrow agent or agency shall immediately notify the division of any material change in the information contained in the application.
5. [No] A person may not be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is the holder of:
(a) An active license issued pursuant to chapter 645 of NRS; or
(b) A license issued pursuant to chapter 645B of NRS.
κ1991 Statutes of Nevada, Page 1849 (CHAPTER 564, AB 499)κ
Sec. 4. NRS 645A.030 is hereby amended to read as follows:
645A.030 1. At the time of filing an application for a license as an escrow agent or agency, the applicant shall deposit with the [administrator] commissioner a corporate surety bond payable to the State of Nevada, in an amount of [$20,000,] $25,000 and executed by a corporate surety satisfactory to the [administrator.] commissioner.
2. The bond must be in substantially the following form:
Know All Men by These Presents, that ........................., as principal, and ........................., as surety, are held and firmly bound unto the State of Nevada for the use and benefit of any person who suffers damages because of a violation of any of the provisions of chapter 645A of NRS, in the sum of ............, lawful money of the United States, to be paid to the State of Nevada for such use and benefit, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
The condition of that obligation is such that: Whereas, the principal has made an application to the [real estate administrator] commissioner of financial institutions of the department of commerce of the State of Nevada for a license as an escrow agent or agency and is required to furnish a bond in the amount of [$20,000,] $25,000 conditioned as set forth in this bond:
Now, therefore, if the principal, his agents and employees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damages suffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud, dishonesty, misrepresentation or concealment of material facts growing out of any transaction governed by the provisions of chapter 645A of NRS, then this obligation is void; otherwise it remains in full force.
This bond becomes effective on the ............ day of ...................., 19......, and remains in force until the surety is released from liability by the [administrator] commissioner of financial institutions or until this bond is canceled by the surety. The surety may cancel this bond and be relieved of further liability hereunder by giving 60 days written notice to the principal and to the [real estate administrator] commissioner of financial institutions of the department of commerce of the State of Nevada.
In Witness Whereof, the seal and signature of the principal hereto is affixed, and the corporate seal and the name of the surety hereto is affixed and attested by its authorized officers at ........................., Nevada, this .................... day of ...................., 19......
............................................................... (Seal)
Principal
............................................................... (Seal)
Surety
By........................................................
Attorney in fact
.............................................................
Licensed resident agent
κ1991 Statutes of Nevada, Page 1850 (CHAPTER 564, AB 499)κ
Sec. 5. NRS 645A.043 is hereby amended to read as follows:
645A.043 1. The surety may cancel a bond upon giving 60 days notice to the [administrator] commissioner by certified mail. Upon receipt by the [administrator] commissioner of such a notice, the [administrator] commissioner immediately shall notify the licensee who is the principal on the bond of the effective date of cancellation of the bond, and that his license will be revoked unless he furnishes an equivalent bond before the effective date of the cancellation. The notice must be sent to the licensee by certified mail to his last address of record filed in the office of the division.
2. If the licensee does not comply with the requirements set out in the notice from the [administrator,] commissioner, his license must be revoked on the date the bond is canceled.
Sec. 6. NRS 645A.047 is hereby amended to read as follows:
645A.047 1. Any person claiming against a bond may bring an action in a court of competent jurisdiction on the bond for damages to the extent covered by the bond. A person who brings an action on a bond [must] shall notify the [administrator] commissioner in writing upon filing the action. [No such] An action may not be commenced after the expiration of 3 years following the commission of the act on which the action is based.
2. Upon receiving a request from a person for whose benefit a bond is required, the [administrator] commissioner shall notify him:
(a) That a bond is in effect and the amount of the bond; and
(b) If there is an action against the bond, the title, court and case number of the action and the amount sought by the plaintiff.
3. If a surety wishes to make payment without awaiting action by a court, the amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond. Any payment must be based on written claims received by the surety before any action is taken by a court.
4. The surety may bring an action for interpleader against all claimants upon the bond. If it does so, it [must] shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county where the escrow agent or agency has its principal place of business. The surety [is entitled to] may deduct its costs of the action, including attorneys fees and publication, from its liability under the bond.
5. Claims against a bond have equal priority, and if the bond is insufficient to pay all claims in full, they must be paid on a pro rata basis. Partial payment of claims is not full payment, and any claimant may bring an action against the escrow agent or agency for the unpaid balance.
Sec. 7. NRS 645A.050 is hereby amended to read as follows:
645A.050 1. Subject to the administrative control of the director of the department of commerce, the [administrator] commissioner shall exercise general supervision and control over escrow agents and agencies doing business in the State of Nevada.
2. In addition to the other duties imposed upon him by law, the [administrator] commissioner shall:
(a) Adopt such regulations as may be necessary for making this chapter effective.
κ1991 Statutes of Nevada, Page 1851 (CHAPTER 564, AB 499)κ
(b) Conduct or cause to be conducted each year an examination of each escrow agency licensed pursuant to this chapter.
(c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
[(c)] (d) Conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the laws of this state relating to escrow.
[(d)] (e) Classify as confidential the financial statements of an escrow agency and those records and information obtained by the division which:
(1) Are obtained from a governmental agency upon the express condition that they remain confidential.
(2) Consist of information compiled by the division in the investigation of possible violations of this chapter.
This paragraph does not limit examination by the legislative auditor or any other person pursuant to a court order.
3. An escrow agency may engage a certified public accountant to perform such an examination in lieu of the division. In such a case, the examination must be equivalent to the type of examination made by the division and the expense must be borne by the escrow agency being examined.
4. The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 3 is equivalent to an examination conducted by the division. The commissioner may examine any area of the operation of an escrow agency if the commissioner determines that the examination of that area is not equivalent to an examination conducted by division.
Sec. 8. NRS 645A.060 is hereby amended to read as follows:
645A.060 1. In the conduct of any examination, investigation or hearing, the [administrator] commissioner may:
(a) Compel the attendance of any person by subpena.
(b) Administer oaths.
(c) Examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this chapter, and in connection therewith require the production of any books, records or papers relevant to the inquiry.
2. Every person subpenaed [under] pursuant to the provisions of this section who willfully refuses or willfully neglects to appear at the time and place named in the subpena or to produce books, records or papers required by the [administrator,] commissioner, or who refuses to be sworn or answer as a witness, is guilty of a misdemeanor.
Sec. 9. NRS 645A.070 is hereby amended to read as follows:
645A.070 1. All escrow agents and agencies shall maintain , for a period of not less than 5 years, complete and suitable records of all escrow transactions made by them. A record of a transaction must be maintained in the county in which the property to which it relates is located if the agent or agency maintains a place of business in that county. If a place of business is not maintained in that county, the record must be maintained in the agents or agencys principal place of business.
κ1991 Statutes of Nevada, Page 1852 (CHAPTER 564, AB 499)κ
2. Every escrow agent and agency shall, at the times required by the [administrator,] commissioner, file in the office of the [administrator] commissioner a correct statement, in the form and containing the data the [administrator] commissioner may require, of the business of the agent or agency.
Sec. 10. NRS 645A.080 is hereby amended to read as follows:
645A.080 Except as otherwise provided by law, all papers, documents, reports and other written instruments filed with the [administrator under] commissioner pursuant to this chapter are open to public inspection, except that the [administrator] commissioner may withhold from public inspection for such time as he considers necessary any information which in his judgment the public welfare or the welfare of any escrow agent or agency requires to be so withheld.
Sec. 11. NRS 645A.090 is hereby amended to read as follows:
645A.090 1. The [administrator] commissioner may refuse to license any escrow agent or agency or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of an escrow agency, is insolvent;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) In the case of an escrow agency, is in such a financial condition that he cannot continue in business with safety to his customers;
(d) Has committed fraud in connection with any transaction governed by this chapter;
(e) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact from, any principal or designated agent of a principal in the course of the escrow business;
(f) Has intentionally or knowingly made or caused to be made to the [administrator] commissioner any false representation of a material fact or has suppressed or withheld from the [administrator] commissioner any information which the applicant or licensee possesses;
(g) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
(h) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
(i) Has refused to permit an examination by the [administrator] commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the [administrator under] commissioner pursuant to the provisions of this chapter;
(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;
(k) In the case of an escrow agency, has failed to maintain complete and accurate records of all transactions within the last 7 years.
κ1991 Statutes of Nevada, Page 1853 (CHAPTER 564, AB 499)κ
(l) Has commingled the money of others with his own or converted the money of others to his own use;
(m) Has failed, before the close of escrow, to obtain written escrow instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; [or]
(n) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction [.] ; or
(o) In the case of an escrow agency, has:
(1) Failed to maintain adequate supervision of an escrow agent; or
(2) Instructed an escrow agent to commit an act which would be cause for the revocation of the escrow agents license and the escrow agent committed the act. An escrow agent is not subject to disciplinary action for committing such an act under instruction by the escrow agency.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for such action had the applicant or licensee been a natural person.
3. The [administrator] commissioner may suspend any license for not more than 30 days, pending a hearing, if upon examination into the affairs of the licensee it is determined that any of the grounds enumerated in subsection 1 or 2 exist.
4. The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 12. NRS 645A.100 is hereby amended to read as follows:
645A.100 1. Notice of the entry of any order of suspension or revocation or of imposing a fine or refusing a license to any escrow agent or agency must be given in writing, served personally or sent by certified mail or by telegraph to the last known address of the agent or agency affected.
2. The agent or agency, upon application, is entitled to a hearing but if no application is made within 20 days after the entry of the order the [administrator] commissioner shall enter a final order.
Sec. 13. NRS 645A.110 is hereby amended to read as follows:
645A.110 1. The [administrator] commissioner may conduct an investigation if it appears that an escrow agent or agency is conducting business in an unsafe and injurious manner or in violation of this chapter or if it appears that any person is engaging in the escrow business without being licensed [under] pursuant to the provisions of this chapter.
2. If upon investigation it appears that the agent or agency is so conducting business or an unlicensed person is engaged in the escrow business, the [administrator] commissioner may:
(a) Order the person to discontinue conducting business in an injurious manner or in violation of this chapter. A person may, within 30 days after receiving the order, file a verified petition with the [administrator] commissioner for a hearing.
κ1991 Statutes of Nevada, Page 1854 (CHAPTER 564, AB 499)κ
receiving the order, file a verified petition with the [administrator] commissioner for a hearing. If the [administrator] commissioner does not hold a hearing within 30 days after the petition is filed or issue a written decision within 45 days after the hearing is held, the order is rescinded.
(b) [Advise] So advise the district attorney of the county in which the business is conducted or the attorney general. The district attorney or the attorney general shall cause the appropriate legal action to be taken to enjoin the operation of the business or prosecute the violations of this chapter.
(c) Bring suit in the name and on behalf of the State of Nevada against the person and any other person concerned in or in any way participating in or about to participate in the unsafe or injurious practices or action in violation of this chapter or regulations thereunder to enjoin that person from continuing those practices or engaging therein or doing any such [an] act.
3. If the [administrator] commissioner brings suit, the district court of any county of this state may grant an injunction to prevent and restrain the unsafe, injurious or illegal practices or transactions. The court may, during the pendency of the proceedings before it, issue such temporary restraining orders as may appear to be just and proper. The findings of the [administrator] commissioner shall be deemed to be prima facie evidence and sufficient ground, in the discretion of the court, for the issuance ex parte of a temporary restraining order. In any such court proceedings the [administrator] commissioner may apply for and on due showing is entitled to have issued the courts subpena requiring forthwith the appearance of any defendant and his employees and the production of documents, books and records as may appear necessary for the hearing of the petition, to testify and give evidence concerning the acts or conduct or things complained of in the application for injunction.
Sec. 14. NRS 645A.130 is hereby amended to read as follows:
645A.130 1. If the order of the [administrator] commissioner is reversed, the court shall specifically direct the [administrator] commissioner as to his further action in the matter including the making and entering of any order and any conditions, limitations or restrictions to be contained therein. The [administrator] commissioner may revoke or alter the order for any proper cause which is discovered after the order is issued.
2. If an order of the [administrator] commissioner is affirmed, the appellant is not barred after 1 year from filing a new application if the application is not otherwise barred or limited.
3. The appeal does not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.
Sec. 15. NRS 645A.140 is hereby amended to read as follows:
645A.140 1. When the [administrator] commissioner ascertains that the assets or capital of any escrow agency are impaired or that an agencys affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the agency which are located in this state and retain possession of them pending further proceedings provided for in this chapter.
2. If the board of directors or any officer or person in charge of the offices of such an agency refuses to permit the [administrator] commissioner to take possession of the property, the [administrator] commissioner shall communicate that fact to the attorney general.
κ1991 Statutes of Nevada, Page 1855 (CHAPTER 564, AB 499)κ
possession of the property, the [administrator] commissioner shall communicate that fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the [administrator] commissioner in immediate possession of the property of the agency. The [administrator] commissioner thereupon shall make or cause to be made an inventory of the assets and known liabilities of the agency.
3. The [administrator] commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the agency is located and shall mail one copy to each stockholder, partner, officer or associate of the agency at his last known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 16. NRS 645A.150 is hereby amended to read as follows:
645A.150 1. The officers, directors, partners, associates or stockholders of the escrow agency may, within 60 days after the date the [administrator] commissioner takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.
2. At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the [administrator] commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the agency which are located in this state in the same manner as provided by law for liquidation of a private corporation in receivership.
3. No other person may be appointed receiver by any court without first giving the [administrator] commissioner ample notice of his application.
4. The inventory made by the [administrator] commissioner and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
5. The expenses of the receiver and the compensation of counsel, as well as all expenditures required in the liquidation proceedings, must be fixed by the [administrator] commissioner subject to the approval of the court, and, upon certification of the [administrator,] commissioner, must be paid out of the [funds in his hands] money that he possesses as receiver.
Sec. 17. NRS 645A.224 is hereby amended to read as follows:
645A.224 A person shall not have a pecuniary interest in or act as an escrow agent for any escrow agency while he is an employee of the [real estate] division.
Sec. 18. Chapter 692A of NRS is hereby amended by adding thereto the provisions set forth as sections 19, 20 and 21 of this act.
Sec. 19. 1. The commissioner shall establish by regulation the fees to be paid by title agents and title insurers for the supervision and examination of such agents and insurers by the commissioner or his representative.
2. In establishing the fees pursuant to subsection 1, the commissioner shall consider:
(a) The complexity of the various examinations to which the fees apply;
(b) The skill required to conduct such examinations;
κ1991 Statutes of Nevada, Page 1856 (CHAPTER 564, AB 499)κ
(c) The expenses associated with conducting such examinations and preparing reports; and
(d) Any other factors the commissioner deems relevant.
3. The commissioner shall, with the approval of the commissioner of insurance, adopt regulations prescribing the standards for determining whether a title insurer or title agent has maintained adequate supervision of a title agent or title officer pursuant to the provisions of this chapter.
Sec. 20. 1. If the commissioner ascertains that the assets or capital of any title agent are impaired or that a title agents affairs are in an unsafe condition, he may immediately take possession of all the property, business and assets of the title agent which are located in this state and retain possession of them pending further proceedings provided for in this chapter.
2. If the board of directors or any officer or person in charge of the offices of such a title agent refuses to permit the commissioner to take possession of the property, the commissioner shall communicate that fact to the attorney general. Thereupon the attorney general shall immediately institute such proceedings as may be necessary to place the commissioner in immediate possession of the property of the title agent. The commissioner thereupon shall make or cause to be made an inventory of the assets and known liabilities of the title agent.
3. The commissioner shall file one copy of the inventory in his office and one copy in the office of the clerk of the district court of the county in which the principal office of the title agent is located and shall mail one copy to each stockholder, partner, officer or associate of the agent at his last known address.
4. The clerk of the court with which the copy of the inventory is filed shall file it as any other case or proceeding pending in the court and shall give it a docket number.
Sec. 21. 1. The officers, directors, partners, associates or stockholders of the title agent may, within 60 days after the date the commissioner takes possession of the property, business and assets, make good any deficit which may exist or remedy the unsafe condition of its affairs.
2. At the expiration of such time, if the deficiency in assets or capital has not been made good or the unsafe condition remedied, the commissioner may apply to the court to be appointed receiver and proceed to liquidate the assets of the title agent which are located in this state in the same manner as now provided by law for liquidation of a private corporation in receivership.
3. No other person may be appointed receiver by any court without first giving the commissioner reasonable notice of his application.
4. The inventory made by the commissioner and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
5. The expenses of the receiver and compensation of counsel, as well as all expenditures required in the liquidation proceedings, must be fixed by the commissioner subject to the approval of the court, and, upon certification of the commissioner, must be paid out of the money he possesses as receiver.
κ1991 Statutes of Nevada, Page 1857 (CHAPTER 564, AB 499)κ
Sec. 22. NRS 692A.024 is hereby amended to read as follows:
692A.024 Escrow means any transaction wherein one person, for the purpose of effecting the sale, transfer, encumbering or leasing of real or personal property to another person, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person until the happening of a specified event or the performance of a prescribed condition, when it is then to be delivered by the third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or any agent or employee of any of them. The term includes the collection of payments and the performance of related services by a third person in connection with a loan secured by a lien on real property.
Sec. 23. NRS 692A.100 is hereby amended to read as follows:
692A.100 1. The commissioner shall provide by regulation for the licensing of title agents, their branch offices, direct writing title insurers and escrow officers.
2. Each title agent shall maintain his books of account and record and his vouchers pertaining to title insurance business in a manner which permits the commissioner or his representative to ascertain readily whether the agent has complied with the provisions of this chapter.
3. A title agent or escrow officer may engage in the business of handling escrows, settlements and closings if he maintains a separate record of all receipts and disbursements of money held in escrow and does not commingle that money with his own.
4. [The] For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with law, the commissioner or his representative or the [administrator of the real estate division] commissioner of financial institutions of the department of commerce or his representative when requested by the commissioner [may, at any time during normal business hours,] of insurance shall each year examine or cause to be examined the affairs, transactions, agreements, [books of account and records and vouchers,] assets, records and accounts, including the escrow accounts, of a title agent, title insurer or escrow officer.
5. [No person may] A title insurer may engage a certified public accountant to perform such an examination in lieu of the commissioner. In such a case, the examination must be equivalent to the type of examination made by the commissioner and the expense must be borne by the title insurer being examined.
6. The commissioner shall determine whether an examination performed by an accountant pursuant to subsection 5 is equivalent to an examination conducted by him. The commissioner may examine any area of the operation of a title insurer if the commissioner determines that the examination of that area is not equivalent to an examination conducted by him.
7. A person shall not become licensed [in order] to circumvent the provisions of this chapter or any other law of this state.
Sec. 24. NRS 692A.105 is hereby amended to read as follows:
692A.105 1. The commissioner may refuse to license any title agent or escrow officer or may suspend or revoke any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
κ1991 Statutes of Nevada, Page 1858 (CHAPTER 564, AB 499)κ
findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
(a) In the case of a title agent, is insolvent [;] or in such a financial condition that he cannot continue in business with safety to his customers;
(b) Has violated any provision of this chapter or any regulation adopted pursuant thereto or has aided and abetted another to do so;
(c) [In the case of a title agent, is in such a financial condition that he cannot continue in business with safety to his customers;
(d)] Has committed fraud in connection with any transaction governed by this chapter;
[(e)] (d) Has intentionally or knowingly made any misrepresentation or false statement to, or concealed any essential or material fact known to him from, any principal or designated agent of the principal in the course of the escrow business;
[(f)] (e) Has intentionally or knowingly made or caused to be made to the commissioner any false representation of a material fact or has suppressed or withheld from him any information which the applicant or licensee possesses;
[(g)] (f) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
[(h)] (g) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
[(i)] (h) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner [under] pursuant to the provisions of this chapter;
[(j)] (i) Has been convicted of a felony or any misdemeanor of which an essential element is fraud;
[(k)] (j) In the case of a title agent, has failed to maintain complete and accurate records of all transactions within the last 7 years;
[(l)] (k) Has commingled the money of others with his own or converted the money of others to his own use;
[(m)] (l) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; or
[(n)] (m) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any transaction.
2. It is sufficient cause for the imposition of a fine or the refusal, suspension or revocation of the license of a partnership, corporation or any other association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission directly arising from the business activities of a title agent which would be cause for such action had the applicant or licensee been a natural person.
3. The commissioner may suspend or revoke the license of a title agent, or impose a fine, if the commissioner finds that the title agent:
κ1991 Statutes of Nevada, Page 1859 (CHAPTER 564, AB 499)κ
(a) Failed to maintain adequate supervision of [his] an escrow officer [and the escrow officer, commits any act which would be cause for the revocation of the escrow officers license;] or title agent he has appointed or employed.
(b) Instructed an escrow officer to commit an act which would be cause for the revocation of the escrow officers license and the escrow officer committed the act. An escrow officer is not subject to disciplinary action for committing such an act under instruction by the title agent.
4. The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 25. NRS 692A.107 is hereby amended to read as follows:
692A.107 1. In addition to the grounds provided in NRS 680A.200 for insurers generally, the commissioner may refuse to license any title insurer or may suspend any license or impose a fine of not more than $500 for each violation by entering an order to that effect, with his findings in respect thereto, if upon a hearing, it is determined that the applicant or licensee:
[1.] (a) Has committed fraud in connection with any transaction governed by this chapter;
[2.] (b) Has failed without reasonable cause to furnish to the parties of an escrow their respective statements of the settlement within a reasonable time after the close of escrow;
[3.] (c) Has failed without reasonable cause to deliver, within a reasonable time after the close of escrow, to the respective parties of an escrow transaction any money, documents or other properties held in escrow in violation of the provisions of the escrow instructions;
[4.] (d) Has commingled the money of others with his own or converted the money of others to his own use;
[5.] (e) Has failed, before the close of escrow, to obtain written instructions concerning any essential or material fact or intentionally failed to follow the written instructions which have been agreed upon by the parties and accepted by the holder of the escrow; [or
6.] (f) Has failed to disclose in writing that he is acting in the dual capacity of escrow agent or agency and undisclosed principal in any escrow transaction [.] ; or
(g) Has failed to maintain adequate supervision of an escrow officer or title agent whom he has certified pursuant to subsection 3 of NRS 692A.110.
2. The commissioner may refuse to issue a license to any person who, within 10 years before the date of applying for a current license, has had suspended or revoked a license issued pursuant to this chapter or a comparable license issued by any other state, district or territory of the United States or any foreign country.
Sec. 26. NRS 692A.110 is hereby amended to read as follows:
692A.110 1. Each title insurer may:
(a) Engage in title insurance business if licensed to do so by the commissioner.
(b) Take action incidental to the making of a contract or policy of title insurance, directly or through a title agent or escrow officer employed by the title insurer, including the conducting or holding of money in escrow, making settlements and closing transactions.
κ1991 Statutes of Nevada, Page 1860 (CHAPTER 564, AB 499)κ
title insurer, including the conducting or holding of money in escrow, making settlements and closing transactions.
(c) Provide any other service related or incidental to the sale and transfer of property if it has filed notice with the commissioner of its intention to provide the service, and the commissioner has not disapproved the service within 30 days after his receipt of the notice.
(d) Invest in title plants.
2. No title insurer may engage in the business of guaranteeing the obligations of other persons.
3. Each title insurer shall , no later than February 1 of each calendar year, certify to the commissioner the title agents and escrow officers it employs [to the commissioner at the beginning of each of its fiscal years.] or appoints, including title agents and escrow officers employed by a title agent whom it has appointed. Each title insurer is responsible for and shall supervise the acts of each person that is required to be certified pursuant to this section.
Sec. 27. NRS 692A.270 is hereby amended to read as follows:
692A.270 The provisions of NRS 683A.400, 683A.410 and 683A.450 to 683A.490, inclusive, apply to title insurers, title agents and escrow officers.
Sec. 28. NRS 645A.227 is hereby repealed.
Sec. 29. The transfer of authority for the regulation of escrow agencies required by this act must be carried out by the department of commerce by transfer of personnel from the real estate division to the division of financial institutions where appropriate and without the elimination of personnel positions.
________
Assembly Bill No. 537Committee on Ways and Means
CHAPTER 565
AN ACT relating to public employees retirement; making various changes regarding increases in the rates of contribution to the retirement funds for public employees; making various changes regarding post-retirement increases in the benefits for retired public employees; requiring the public employees retirement board to make certain changes in computing actuarially the required rates of contribution to the 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. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A member who has 5 years or more of service credit is entitled to receive free service credit for military service for the period beginning on the date proclaimed by the President of the United States as the date on which hostilities began in the Persian Gulf Crisis and ending on the date proclaimed by the President of the United States as the termination of hostilities in the Persian Gulf Crisis if the member:
κ1991 Statutes of Nevada, Page 1861 (CHAPTER 565, AB 537)κ
by the President of the United States as the termination of hostilities in the Persian Gulf Crisis if the member:
(a) Began active military duty within 6 months after the last date of employment or leave of absence without pay with a participating public employer; and
(b) Returned to employment with a participating public employer within 1 year after being honorably discharged or released from active duty.
2. A member who meets all of the requirements of subsection 1 except that he does not have 5 years of service credit is entitled to receive the free credit pursuant to subsection 1 as soon as he attains 5 years of service credit.
Sec. 2. NRS 286.465 is hereby amended to read as follows:
286.465 1. Except as limited by subsection 2, if the increase in taxable revenue for a particular year as compared to 1983 is:
(a) At least 10 percent but less than 15 percent, the total rate of contribution to both the public employees retirement fund and the police and firemens retirement fund increases above the rate for 1983 by 1 percent of compensation.
(b) At least 15 percent but less than 17.5 percent, the rate increases above the rate for 1983 by 2 percent of compensation.
The rate of contribution further increases by 1 percent of compensation for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983. Any increase pursuant to this section is effective on the first day of the first reporting period for payroll commencing after July 1 of the year following the year which is compared to 1983.
2. Rates of contribution must not increase:
(a) More than 1 percent per year.
(b) Beyond the level which is actuarially computed to be sufficient to pay for the allowances and benefits provided by this chapter.
3. The number of percent by which the rate would increase but for the limitation prescribed by paragraph (a) of subsection 2 must be accumulated and applied in the next succeeding years in which the rate would not otherwise be increased pursuant to subsection 1, subject to the limitations in subsection 2.
4. As used in this section, increase in taxable revenue for a particular year as compared to 1983 means the percentage by which the sum of taxable:
(a) Retail sales;
(b) Storage, use or consumption of tangible personal property; and
(c) Gross revenue of gaming licensees,
for that calendar year exceeds that sum for the calendar year 1983, excluding sales, storage, use, consumption and revenue which are taxed because the scope of the tax was expanded after 1983.
5. Each year the department of administration shall determine and the legislative auditor shall verify the increase in taxable revenue for that year as compared to 1983.
Sec. 3. NRS 286.5756 is hereby amended to read as follows:
286.5756 1. A person is entitled to the increase provided in this section if he began receiving an allowance or benefit:
κ1991 Statutes of Nevada, Page 1862 (CHAPTER 565, AB 537)κ
(a) Before September 1, 1983, and has received the allowance or benefit for at least 6 continuous months in the 12 months preceding the effective date of the increase; or
(b) At least 3 years before the increase.
2. Allowances or benefits increase once each year , on [September 1] the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:
(a) Two percent [beginning in the 4th year of receiving] following the third anniversary of the commencement of benefits , [and] 3 percent [beginning in the 10th year of receiving] following the sixth anniversary of the commencement of benefits and 3.5 percent following the ninth anniversary of the commencement of benefits; or
(b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the board.
3. The board may use a different index for the calculation made pursuant to paragraph (b) of subsection 2 if:
(a) The substituted index is compiled and published by the United States Department of Labor; and
(b) The board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.
4. The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on [August 31 of that year.] the day before the increase becomes effective.
Sec. 4. 1. Notwithstanding any other law to the contrary, for the fiscal years 1991-92 and 1992-93, the rate of contribution for employees, other than police officers and firemen, whose contributions to the public employees retirement system are paid pursuant to:
(a) NRS 286.410 is 9.58 percent for both the contribution paid by the employer and the contribution paid by the employee.
(b) NRS 286.421 is 18.47 percent for the total contribution paid by the employer.
2. The public employees retirement board shall, in determining the rates of contribution actuarially computed to be sufficient to pay for the allowances and benefits provided pursuant to chapter 286 of NRS, including the benefits provided by this act, apply rates of retirement at all ages of eligibility rather than assuming a single average age of retirement.
3. The legislature hereby finds and declares that:
(a) The change required pursuant to subsection 2 in the method of determining actuarially the required rates of contribution was recommended by the independent review of the biennial actuarial valuation of the public employees retirement system that was made pursuant to chapter 641, Statutes of Nevada 1989.
(b) The independent review indicated that this change would save one-half of 1 percent in the required rates of contribution to the public employees retirement system.
(c) The rates of contribution specified in subsection 1, in conjunction with the change required pursuant to subsection 2, are sufficient to ensure the actuarial soundness of the public employees retirement system for the ensuing biennium.
κ1991 Statutes of Nevada, Page 1863 (CHAPTER 565, AB 537)κ
actuarial soundness of the public employees retirement system for the ensuing biennium.
(d) The legislature will review the results of the change required pursuant to subsection 2 to determine the effect of that change on the required rates of contribution and to ensure that the rates of contribution are sufficient to ensure the actuarial soundness of the system.
Sec. 5. 1. Notwithstanding the provision of subsection 2 of NRS 286.5756 that limits increases in allowances or benefits pursuant to that section to once each year, a person who received such an increase on September 1, 1991, is entitled to an additional increase in his allowance or benefit on:
(a) October 1, 1991, of one-twelfth of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in September;
(b) November 1, 1991, of one-sixth of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in October;
(c) December 1, 1991, of one-fourth of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in November;
(d) January 1, 1992, of one-third of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in December;
(e) February 1, 1992, of five-twelfths of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in January;
(f) March 1, 1992, of one-half of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in February;
(g) April 1, 1992, of seven-twelfths of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in March;
(h) May 1, 1992, of two-thirds of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in April;
(i) June 1, 1992, of three-fourths of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in May;
(j) July 1, 1992, of five-sixths of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in June; and
(k) August 1, 1992, of eleven-twelfths of the amount otherwise provided pursuant to NRS 286.5756, as amended by this act, if the anniversary of the date the person began receiving the allowance or benefit is in July.
2. Except as otherwise provided in subsection 1, the amendatory provisions of this act do not entitle any person to more than one increase in allowances or benefits pursuant to NRS 286.5756 in any period of one year.
Sec. 6. 1. This section and sections 1, 2 and 4 of this act become effective on July 1, 1991.
κ1991 Statutes of Nevada, Page 1864 (CHAPTER 565, AB 537)κ
2. Sections 3 and 5 of this act become effective on September 2, 1991.
________
Assembly Bill No. 606Assemblymen Humke, Little, Garner, Petrak, Bennett, Elliott, Kerns, Porter, Price, Marvel, Spriggs, Heller, Scherer, Norton, McGinness, Pettyjohn, Bergevin, Callister, Anderson, Lambert, Freeman, Johnson, Wendell Williams, Gregory, Gibbons, Myrna Williams, Carpenter, McGaughey and Hardy
CHAPTER 566
AN ACT relating to adoption; requiring the welfare division of the department of human resources to prepare, revise and distribute a booklet on adoption; requiring the division to establish a register of children with special needs; 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 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The welfare division of the department of human resources shall prepare a booklet on adoption in this state which includes the following information:
(a) The legal basis of adoption;
(b) The purpose of adoption;
(c) The process of adoption;
(d) The number of children who are waiting to be adopted, including statistical information regarding:
(1) The gender and ethnic background of the children who are waiting to be adopted;
(2) The number of children placed in foster homes who are waiting to be adopted;
(3) The number of children with special needs who are waiting to be adopted; and
(4) The number of siblings who are waiting to be adopted;
(e) The name and location of agencies in Nevada that place children with adoptive parents;
(f) The number of prospective adoptive parents;
(g) A comparison of Nevada to the surrounding states regarding the placement of children with adoptive parents; and
(h) A comparison of the welfare division to other agencies located in Nevada regarding the placement of children with adoptive parents.
2. The division shall:
(a) Revise the information in the booklet annually.
(b) Distribute the booklet to persons and organizations whose patients or clients are likely to become involved with the process of adoption in this state.
κ1991 Statutes of Nevada, Page 1865 (CHAPTER 566, AB 606)κ
The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.
Sec. 3. 1. The welfare division of the department of human resources shall establish a register of children with special needs. The register must include descriptive information on every child with special needs for whom a prospective adoptive parent is not identified within 3 months after the child becomes available for adoption, but must not include any personal information which reveals the identity of the child or his parents. A copy of the register must be made available for review by prospective adoptive parents at each office of the welfare division.
2. As used in this section, child with special needs means a child for whom placement with an adoptive parent is, in the opinion of the state welfare administrator or his designee, made more difficult because of the childs age, race or number of siblings, or because the child suffers from a severe or chronic medical, physical, mental or emotional condition.
Sec. 4. NRS 127.240 is hereby amended to read as follows:
127.240 1. No person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the welfare division of the department of human resources. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.
2. This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of subsections 1 to 5, inclusive, of NRS 127.280.
3. This section does not prohibit the welfare division of the department of human resources from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
4. This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:
(a) For such information; or
(b) For any other service related to the adoption that is performed after sharing information.
Sec. 5. NRS 422.283 is hereby amended to read as follows:
422.283 1. [The] Except as otherwise provided in subsection 3, the welfare division may charge reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required pursuant to NRS 127.280.
2. The fees charged for such services must vary based on criteria developed by the division, but must not exceed $2,500. The division shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.
3. A fee must not be charged for services related to the adoption of a child with special needs.
κ1991 Statutes of Nevada, Page 1866 (CHAPTER 566, AB 606)κ
4. The welfare division may waive or reduce any fee charged pursuant to subsection 1 if it determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.
[3.] 5. Any money collected pursuant to this section must be accounted for in the appropriate account of the welfare division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by the division.
________
Assembly Bill No. 561Assemblyman Johnson
CHAPTER 567
AN ACT relating to marriage; making various changes relating to marriage 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 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state, at the county seat of that county.
2. Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicants parent, if available, that the applicant is of age.
3. The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to the person responding to the question, he must state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or
(c) In writing, subscribed to and [duly] acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.
κ1991 Statutes of Nevada, Page 1867 (CHAPTER 567, AB 561)κ
5. If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.
6. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit an inspection is guilty of a misdemeanor.
7. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.
Sec. 2. NRS 122.181 is hereby amended to read as follows:
122.181 The commissioner of civil marriages or his deputy commissioner of civil marriages is entitled to receive as his fee for solemnizing a marriage [during regular office hours on weekdays the sum of $25. The fee for solemnizing a marriage on Saturdays, Sundays, holidays or during any hours other than regular business hours is $30.] $35. All fees received for solemnizing marriages by the commissioner or his deputy [shall] must be deposited in the county general fund.
Sec. 3. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 .................................................. $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500 .............. 35.00
In all other civil actions ...................................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500 ..................................................... 10.00
If the sum claimed exceeds $500 but does not exceed $1,500 ................. 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500 .............. 30.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions ................................................................................................ 10.00
For every additional defendant, appearing separately ................................ 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention ............................................... 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court ......................... 5.00
(g) For filing a notice of appeal, and appeal bonds ..................................... 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court 10.00
κ1991 Statutes of Nevada, Page 1868 (CHAPTER 567, AB 561)κ
(i) For preparation and transmittal of transcript and papers on appeal .. 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder [20.00] 35.00
(k) For entering judgment by confession ....................................................... 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(m) For each certificate of the clerk, under the seal of the court .............. 2.00
(n) For searching records or files in his office, for each year ..................... 1.00
(o) For filing and processing each bail or property bond ............................ 20.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 4. Section 1 of chapter 170, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 ..................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed [$2,500] $5,000 35.00
In all other civil actions ............................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500 ........................................ 10.00
If the sum claimed exceeds $500 but does not exceed $1,500 .... 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500 . 30.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions ................................................................................... 10.00
For every additional defendant, appearing separately ................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention .................................. 5.00
κ1991 Statutes of Nevada, Page 1869 (CHAPTER 567, AB 561)κ
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 5.00
(g) For filing a notice of appeal, and appeal bonds ........................ 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court ......................................................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder ......................................................................................................... 35.00
(k) For entering judgment by confession .......................................... 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(m) For each certificate of the clerk, under the seal of the court . 2.00
(n) For searching records or files in his office, for each year ........ 1.00
(o) For filing and processing each bail or property bond ............... 20.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 5. Section 4 of Assembly Bill No. 578 is hereby amended to read as follows:
Sec. 4. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as otherwise provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed $1,000 ..................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $5,000 . 35.00
In all other civil actions ......................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:
If the sum claimed does not exceed $500 ........................................ 10.00
If the sum claimed exceeds $500 but does not exceed $1,500 .... 20.00
If the sum claimed exceeds $1,500 but does not exceed $2,500 ........ 30.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
κ1991 Statutes of Nevada, Page 1870 (CHAPTER 567, AB 561)κ
In all civil actions ................................................................................... 10.00
For every additional defendant, appearing separately ................... 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention .................................. 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 5.00
(g) For filing a notice of appeal, and appeal bonds ........................ 10.00
One charge only may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court ......................................................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder ......................................................................................................... 35.00
(k) For entering judgment by confession .......................................... 5.00
(l) For preparing any copy of any record, proceeding or paper, for each page .25
(m) For each certificate of the clerk, under the seal of the court . 2.00
(n) For searching records or files in his office, for each year ........ 1.00
(o) For filing and processing each bail or property bond .. [20.00] 40.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees [which] he may retain as compensation [.] and the fees he must pay to the state treasurer pursuant to subsection 4.
4. The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.
Sec. 6. Section 7 of Assembly Bill No. 578 of this session is hereby amended to read as follows:
Sec. 7. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1991.
Sec. 7. Sections 1 and 2 of Assembly Bill No. 487 of this session are hereby repealed.
Sec. 8. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1871κ
Assembly Bill No. 631Committee on Government Affairs
CHAPTER 568
AN ACT relating to local improvements; authorizing the engineer to prepare and the governing body to ratify certain documents without prior direction; authorizing the adoption of certain ordinances as if an emergency existed; making certain determinations conclusive; clarifying the substantive effect of protest by majority; 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 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. 1. Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.
2. If, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:
(a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or
(b) The project constitutes not more than 1,320 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
Sec. 3. 1. When expressly authorized by a provision of this chapter and the conditions of paragraph (a) or (b), or both, of subsection 2 of section 2 of this act are satisfied, an ordinance required by this chapter may be adopted or amended as if an emergency existed.
2. The governing bodys declaration, if any, in any ordinance that it is such an ordinance is conclusive in the absence of fraud or gross abuse of discretion.
3. Such an ordinance may become effective at any time when an emergency ordinance of the municipality may go into effect.
4. Such an ordinance may be adopted by an affirmative vote of not less than two-thirds of all the voting members of the governing body, excluding from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.
κ1991 Statutes of Nevada, Page 1872 (CHAPTER 568, AB 631)κ
from any such computation any vacancy on the governing body and any member thereon who may vote only to break a tie vote.
Sec. 4. When expressly authorized by a provision of this chapter and the conditions of paragraph (a) or (b), or both, of subsection 2 of section 2 of this act are satisfied, the engineer may prepare a document required by this chapter without the prior direction of the governing body, and the governing body may ratify the document by ordinance or resolution upon determining that the document is satisfactory. The determination of the governing body is conclusive.
Sec. 4.5. 1. The governing body of each municipality which creates an improvement district may establish a procedure to allow a person whose property will be included within the boundaries of the district to apply for a hardship determination.
2. The procedure must include the referral of applications to an appropriate social services agency within the local government for evaluation. The agency shall consider each application on the basis of ability to pay the assessments attributable to the applicants property and render a recommendation of approval or disapproval to the governing body.
3. The procedure must include a requirement for renewal of the hardship determination as often as the governing body deems necessary. An application for the renewal of a hardship determination must be treated in a manner that is similar to the evaluation and approval required for an initial determination.
Sec. 5. NRS 271.025 is hereby amended to read as follows:
271.025 [The] Except for an action or decision made conclusive by a provision of this chapter, the action and decision of a municipalitys governing body as to all matters passed upon by it in relation to any action, matter or thing provided [herein shall] in this chapter is, in the absence of fraud , [be] prima facie evidence of its correctness.
Sec. 6. NRS 271.280 is hereby amended to read as follows:
271.280 1. Whenever the governing body is of the opinion that the interest of the municipality requires any project, the governing body, by resolution, shall direct the engineer to prepare [:] , or may, after he has prepared, ratify:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.
The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.
2. The resolution or ratification may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.
κ1991 Statutes of Nevada, Page 1873 (CHAPTER 568, AB 631)κ
as the engineer determines is most desirable for the improvement complete in place.
3. The resolution or document ratified must describe the project in general terms.
4. The resolution or document ratified must state:
(a) What part or portion of the expense of the project is of special benefit and therefore [must] is to be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. If the assessment is not to be made according to front feet, the resolution or document ratified must:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document ratified so to state and to define the location of the project to be made.
7. It is not necessary in any case to describe minutely in the resolution or document ratified each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
[9.] 8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
[10.] 9. Upon the filing of the plans and plat, they must be examined by the governing body. If the plans and plat are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.
Sec. 7. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
2. Notice must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
κ1991 Statutes of Nevada, Page 1874 (CHAPTER 568, AB 631)κ
5. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.
6. The notice may be prepared by the engineer and ratified by the governing body, and must state:
(a) The kind of project proposed.
(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed, by boundaries or other brief description.
(g) The time and place of the hearing where the governing body will consider all objections to the project.
(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.
(i) That pursuant to section 2 of this act, if a majority of the property owners to be assessed for a project proposed by a governing body, object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:
(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or
(2) The project constitutes not more than 1,320 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to the same street or between improvements already made to intersecting streets.
(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.
[(j) That unless]
(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.
[7. The notice must also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned will be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district, or in the assessment unit if the improvement district, or is divided into assessment units, the project therein will not be acquired or improved:
κ1991 Statutes of Nevada, Page 1875 (CHAPTER 568, AB 631)κ
the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district, or in the assessment unit if the improvement district, or is divided into assessment units, the project therein will not be acquired or improved:
(1) Except in case the municipality will pay one-half or more of the total cost of any project, other than a park project, with money derived from other than the levy of assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to the same street or between improvements already made to intersecting streets, in which case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion deems the written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
(c)] (l) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.
[(d)] (m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:
(1) He is entitled to be represented by counsel at the hearing;
(2) Any evidence he desires to present on these issues must be presented at the hearing; and
(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.
[8. This section does not require the notice to]
7. The notice need not state either or both exceptions stated in [subparagraphs (1) and (2) of paragraph (b) of subsection 7] section 2 of this act unless either or both exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.
[9.] 8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body , or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
[10.] 9. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
[11.] 10. The engineer, however, may make minor changes in time, plans and materials entering into the work at any time before its completion.
κ1991 Statutes of Nevada, Page 1876 (CHAPTER 568, AB 631)κ
Sec. 8. NRS 271.320 is hereby amended to read as follows:
271.320 1. After the hearing, after the governing body has disposed of all complaints, protests and objections, [verbal] oral and in writing, and after the governing body has determined that [there exists] either or both exceptions stated in [subparagraphs (1) and (2) of paragraph (b) of subsection 7 of NRS 271.305,] subsection 2 of section 2 of this act apply, or that there were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments [, as] stated in the [provisional order,] notice, of the tracts to be assessed in the improvement district or in the assessment unit, if any, and the governing body has jurisdiction to proceed, the governing body shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as [herein] otherwise provided [.] in this chapter.
2. If the governing body desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the governing body:
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs [, which] . The revised estimate [shall] does not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively the location of each project and the tracts to be assessed therefor, not including any area or project not before the governing body at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
[4. Nothing, however, herein contained shall be construed as not requiring the segregation of costs] Costs of unrelated projects must be segregated for assessment purposes as [herein provided.] provided in this chapter.
Sec. 9. NRS 271.325 is hereby amended to read as follows:
271.325 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:
(a) Public convenience and necessity require the creation of the district; and
(b) The creation of the district is economically sound and feasible.
This determination is conclusive in the absence of fraud or gross abuse of discretion.
2. After the adoption of the resolution required by subsection 1, the governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.
κ1991 Statutes of Nevada, Page 1877 (CHAPTER 568, AB 631)κ
3. The ordinance must prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed, without mentioning minor details.
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
4. The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.
5. The ordinance, as amended if amended, must order the work to be done as hereinafter provided.
6. Upon adoption or amendment of the ordinance, the governing body shall cause to be filed in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.
Sec. 10. NRS 271.335 is hereby amended to read as follows:
271.335 1. No contract for doing construction work for acquiring or improving the project contemplated [shall] may be made or awarded, nor [shall] may the governing body incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the hearing upon the provisional order [hearing] and notice thereof provided for herein have been given and had.
2. [Nothing contained in this section shall be construed as preventing] This section does not prevent the governing body from advertising by publication for proposals for doing the work whenever the governing body sees fit, but the contract [shall] may not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the municipality shall request competitive bids [and publish notice stating that bids will be received at a time and place designated therein.
4. The municipality may contract only with the responsible bidder submitting the lowest bid upon proper terms.
5.] , and proceed thereon, pursuant to the provisions of chapter 338 of NRS.
4. The municipality [shall have the right to reject any and all bids and to] may waive any irregularity in the form of any bid.
[6.] 5. Any contract may be let on a lump sum or on a unit basis.
κ1991 Statutes of Nevada, Page 1878 (CHAPTER 568, AB 631)κ
[7.] 6. No contract [shall] may be entered into for such work unless the contractor [shall give] gives an undertaking with a sufficient surety or sureties approved by the governing body and in an amount fixed by it for the faithful performance of the contract and for payment of the contract.
[8.] 7. Upon default in the performance of any contract, any designated official, as directed by motion of the governing body, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
[9.] 8. All contracts [shall] must provide among other things that the person entering into the contract with the municipality will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for [the same] them against the obligor in the undertaking as though the person was named therein.
[10. If any]
9. A contract or agreement [shall be] made in violation of the provisions of this section [, it shall be] is voidable, and no action [shall] may be maintained thereon by any party thereto against the municipality.
[11.] 10. To the extent the municipality makes any payment thereunder, such a contract or agreement [shall be] is valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the municipality elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
[12.] 11. The governing body, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the [same] work in repair, and providing for any further matter or thing in connection therewith, as may be considered by the governing body to be advantageous to the municipality and to all interested.
Sec. 11. NRS 271.355 is hereby amended to read as follows:
271.355 1. For the purposes of paying any contractor or otherwise defraying any costs of the project as the costs become due from time to time until money is available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants issued for any construction work may be issued only upon estimates of the engineer.
3. Any interim warrants must:
(a) Bear such date or dates;
(b) Mature in such denomination or denominations at such time or times, or at any time upon call;
(c) Bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
(d) Be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer,
as the governing body may determine.
κ1991 Statutes of Nevada, Page 1879 (CHAPTER 568, AB 631)κ
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the governing body pledges the full faith and credit of the municipality, or may be special obligations payable from designated special assessments, any bond proceeds, and any other money designated to be available for the redemption of such interim warrants, and generally must be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
5. An ordinance for the issuance of interim warrants may be adopted or amended as if an emergency existed.
Sec. 12. NRS 271.360 is hereby amended to read as follows:
271.360 1. After the making of any construction contract, or after the determination of the net cost to the municipality, but not necessarily after the completion of the project, the governing body, by resolution [,] or by a document prepared by the engineer and ratified by the governing body, shall:
(a) Determine the cost of the project to be paid by the assessable property in the improvement district.
(b) Order the engineer to make out an assessment roll , or ratify his roll already made, containing, among other things:
(1) The name of each last known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(c) Cause a copy of the resolution or ratified document to be furnished by the clerk to the engineer.
2. In fixing the amount or sum of money that may be required to pay the costs of the project, the governing body need not necessarily be governed by the estimates of the costs of such project provided for herein, but the governing body may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.
3. Before ordering the engineer to make out an assessment roll or ratifying his roll already made, the governing body shall consider all applications for hardship determinations and the recommendations made by the social services agency and make a final decision on each application. The governing body shall direct the engineer to postpone the assessments on property for which a hardship determination has been finally approved. A property owner whose hardship determination is approved shall pay interest on the unpaid balance of previous and current assessments at the same rate and terms as are established for other assessments in the manner provided by the governing body. The assessment must remain postponed until the earlier of the following occurrences:
(a) The property is sold or transferred to a person other than one to whom a hardship determination has been granted;
(b) The term of the bonds expires;
(c) The property owners application for renewal of the hardship determination is disapproved;
κ1991 Statutes of Nevada, Page 1880 (CHAPTER 568, AB 631)κ
(d) The property owner fails to pay the interest on the unpaid balance of assessments in a timely manner; or
(e) The property owner pays all previous and current assessments.
4. A property owner may pay all previous and current assessments at any time before they become due without penalty.
5. The governing body shall not sell bonds on the basis of the assessments for which hardship determinations have been approved. A special fund for the payment of the costs of the project assessed against property for which hardship determinations have been made must be created. The fund must be reimbursed when the balance of unpaid assessments are paid, including all interest paid during the period of postponement. The surplus and deficiency fund established pursuant to NRS 271.428 may be used as the special fund.
6. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Sec. 13. NRS 271.375 is hereby amended to read as follows:
271.375 1. [Upon receiving the copy of the resolution mentioned in NRS 271.360, the] The engineer shall make an assessment roll and state a proposed assessment therein upon each tract [so reported to him,] to be assessed, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the governing body.
2. When any assessment is reported by the engineer to the governing body, as directed in this section, the [same shall] roll must be filed in the office of the clerk and numbered.
3. [Such report shall] The report must be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
State of Nevada }
}ss.
County of................................ }
To the (insert City Council, or Board of County Commissioners, or other name of governing body) of ..................., Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me [pursuant to your resolution adopted (give date),] for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ............... Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the [direction contained in your resolution hereinbefore referred to.]
κ1991 Statutes of Nevada, Page 1881 (CHAPTER 568, AB 631)κ
contained in your resolution hereinbefore referred to.] provisions of chapter 271 of NRS.
.............................................................
Engineer
Dated at.........................., Nevada, ............, 19...
Sec. 14. NRS 271.390 is hereby amended to read as follows:
271.390 1. After the assessment roll is in final form and is so confirmed by resolution, the municipality by ordinance shall, by reference to [such] the assessment roll , as [so modified,] modified if modified, and as confirmed by [such] the resolution, levy the assessments in the roll. This ordinance may be adopted or amended as if an emergency existed.
2. Written notice of the levy of assessment [shall] must be given by mail to the owners of all the property upon which the assessment was levied.
3. [Such] The decision, resolution and ordinance [shall be] are a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
4. [Such] The determination by the governing body [shall be] is conclusive upon the owners of the property assessed.
5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, [shall be] is prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 15. NRS 271.485 is hereby amended to read as follows:
271.485 1. Any bonds issued pursuant to this chapter may be sold in such a manner as may be approved by the governing body to defray the cost of the project, including all proper incidental expenses.
2. Bonds may be sold at a public or private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the governing body, below par at a discount not exceeding 9 percent of the principal amount and except as otherwise provided in NRS 271.487 and 271.730, at a price which will not result in an effective interest rate which exceeds by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the project.
3. Except as otherwise provided in NRS 271.487 and 271.730, the rate of interest of the bonds must not at any time exceed the rate of interest, or lower or lowest rate if more than one, borne by the special assessments, but any rate of interest of the bonds may be the same as or less than any rate of interest of the assessment, subject to the [aforesaid limitation,] limitation provided in subsection 2, as the governing body may determine.
4. The governing body may employ legal, fiscal, engineering and other expert services in connection with any project authorized by this chapter and the authorization, issuance and sale of bonds.
κ1991 Statutes of Nevada, Page 1882 (CHAPTER 568, AB 631)κ
5. Any accrued interest and any premium must be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of the proceeds of the bond remaining after the completion of the project for which the bonds were issued must be paid immediately into the fund created for the payment of the principal of the bonds and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds must not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
8. A purchaser of the bonds is not responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
9. The governing body may enter into a contract to sell special assessment bonds at any time; but, if the governing body so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the governing body may terminate the contract to sell the bonds, if:
(a) Before awarding the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 or 3 of NRS 271.330, but has elected to proceed under subsection 1 thereof.
10. If the governing body ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in [NRS 271.305,] section 2 of this act, or for any other reason, any contract to sell special assessment bonds is terminated and becomes inoperative.
Sec. 16. Section 2.110 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1397, is hereby amended to read as follows:
Sec. 2.110 Ordinances: Procedure for enactment; emergency ordinances.
1. All proposed ordinances, when they are first proposed, must be read to the city council by title and referred for consideration to a committee which is composed of any number of members of the city council who are designated by the mayor, after which an adequate number of copies of the proposed ordinance must be deposited with the city clerk for public examination and distribution upon request. Except as otherwise provided in subsection 3 and for the adoption of specialized or uniform codes, notice of the deposit must be published once at least 10 days before the adoption of the ordinance. The city council must adopt or reject the ordinance, or an amendment thereto, within 30 days after the date of that publication.
κ1991 Statutes of Nevada, Page 1883 (CHAPTER 568, AB 631)κ
2. At the first regular meeting of the city council, or any adjournment of that meeting, after the proposal of an ordinance and its reference to a committee, the committee must report to the city council with respect to the proposed ordinance, at which time the committee may request additional time to consider it. The committee must complete its additional consideration of the proposed ordinance and report its recommendations to the board with the 30-day period which is specified in subsection 1. After a recommendation by the committee for the adoption of the proposed ordinance, the proposed ordinance must be read by title as first introduced, or as amended, and finally voted upon or action thereon postponed, but the proposed ordinance must be adopted, with or without amendments, or rejected within 30 days after the date of the publication which is provided for in subsection 1.
3. In cases of emergency or where the ordinance is of a kind whose enactment as if an emergency existed is permitted by [chapter 350] a provision of NRS or section 7.020 or 8.210 of this charter, final action, upon the unanimous vote of the entire city council, may be taken immediately or at a special meeting which has been called for that purpose, and no notice of the filing of copies of the proposed ordinance with the city clerk need be published.
4. Each ordinance must be signed by the mayor, attested by the city clerk and published at least once by title, together with the names of the members of the city council who voted for or against its adoption, and the ordinance becomes effective on the day after that publication. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances which have been adopted in a register which is kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 17. Sections 6 and 7 of this act become effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 639Assemblymen Hardy, Scherer, Gregory, Arberry, Petrak, Bennett, Elliott, Carpenter, Gibbons, Heller, Stout and Porter
CHAPTER 569
AN ACT relating to health care; amending chapter 258, Statutes of Nevada 1991, to advance its effective date; 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 258, Statutes of Nevada 1991, is hereby amended by adding thereto a new section to read as follows:
Sec. 28. This act becomes effective upon passage and approval.
κ1991 Statutes of Nevada, Page 1884 (CHAPTER 569, AB 639)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 345Committee on Finance
CHAPTER 570
AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the advanced institutional management data processing system in Las Vegas; 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 mental hygiene and mental retardation division of the department of human resources the sum of $199,027 for payment of expenses related to the implementation of the advanced institutional management data processing system in Las Vegas.
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. 362Committee on Commerce and Labor
CHAPTER 571
AN ACT relating to physicians; revising the provisions governing the qualifications for a license to practice medicine in a medically underserved area; increasing the fee for the renewal of certain licenses; revising certain provisions relating to the issuance of a limited license as a resident physician; 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 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.
2. Except as otherwise provided in NRS 630.164, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
κ1991 Statutes of Nevada, Page 1885 (CHAPTER 571, SB 362)κ
(b) Has completed the course of study set forth in NRS 630.162 and received the degree of Doctor of Medicine from a medical school:
(1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,
which he attended for a total of 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination; or
(3) All parts of a licensing examination given by any state or territory of the United States if the applicant is certified by a specialty board of the American Board of Medical Specialties ; [, but any licensee licensed under this subparagraph must be issued a license to practice medicine in this state restricted to practice in the area of his certification only;]
(d) Has completed 3 years of:
(1) Graduate education as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b) of subsection 2.
Sec. 2. NRS 630.164 is hereby amended to read as follows:
630.164 1. A board of county commissioners may petition the board of medical examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county as that term is defined by the officer of rural health of the University of Nevada School of Medicine. The board of medical examiners may waive that requirement and issue a license if the applicant:
(a) [Is a graduate of a medical school in the United States or Canada approved by the Liaison Committee for Medical Education of the American Medical Association or the Committee for Accreditation of Canadian Medical Schools of the Canadian Medical Association, respectively;
(b)] Has completed at least 1 year of training as a resident [in the United States or Canada] in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively;
κ1991 Statutes of Nevada, Page 1886 (CHAPTER 571, SB 362)κ
[(c)] (b) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician [in the United States or Canada; and
(d)] or such other equivalent training as the board deems appropriate; and
(c) Meets all other conditions and requirements for a license to practice medicine.
2. Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He may apply to the board of medical examiners for renewal of that restricted license every 2 years after he is licensed.
3. Any person holding a restricted license pursuant to subsection 1 who completes 3 years of such practice may apply to the board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.
Sec. 3. NRS 630.265 is hereby amended to read as follows:
630.265 1. The board may issue to a qualified applicant [, who upon completion of residency will be eligible for an active license,] a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
(a) A graduate of an accredited medical school in the United States or Canada; or
(b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that commission that he passed the examination given by it.
2. The medical school or other institution sponsoring the program shall provide the board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. Such a license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.
3. The board may issue such a limited license for not more than 1 year but may renew the license.
4. The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program and the board.
5. A limited license granted [under] pursuant to this section may be revoked by the board at any time for any of the grounds provided in NRS 630.301 to 630.3065, inclusive.
Sec. 4. NRS 630.290 is hereby amended to read as follows:
630.290 1. The board shall charge and collect not more than the following fees:
κ1991 Statutes of Nevada, Page 1887 (CHAPTER 571, SB 362)κ
For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination .............................. $400
For application for and issuance of a temporary, locum tenens, limited, restricted or special license ......................................................................................... 300
For renewal of a limited, restricted or special license ............................. 50
For application for and issuance of a certificate as a physicians assistant ............................................................................................................. 200
For renewal of a certificate as a physicians assistant ........................... 100
For biennial registration ..................................................................... [400] 600
For biennial registration for a physician who is retired, on inactive status or not practicing medicine in Nevada ............................................................ 200
For the administration of the Federation Licensing Examination ....... 300
For the administration of any one part of the Federation Licensing Examination ............................................................................................................. 200
For re-examination on the Federation Licensing Examination ........... 200
For the administration of any one part of the Federation Licensing Examination as a courtesy to a person who is applying for licensure in another state ............................................................................................................. 200
For written verification of licensure ........................................................... 50
For a duplicate identification card ............................................................ 25
For a duplicate license ................................................................................. 50
For computer printouts or labels ................................................................ 50
For verification of a listing of physicians, per hour ................................ 20
For furnishing a directory of physicians to a person who is not licensed pursuant to this chapter .............................................................................................. 10
For furnishing a list of new physicians to a person who is not in the medical profession ................................................................................................ 30
2. In addition to the fees prescribed in subsection 1, the board shall charge and collect:
(a) A fee to reimburse it for the cost of the Federation Licensing Examination; and
(b) Necessary and reasonable fees for its other services.
3. The cost of any special meeting called at the request of a licensed physician, institution, organization, state agency or applicant for licensure, must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the board sufficient to defray all expenses of the meeting.
Sec. 5. Section 2 of chapter 407, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 2. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine must, before beginning to practice, procure from the board a license authorizing him to practice.
κ1991 Statutes of Nevada, Page 1888 (CHAPTER 571, SB 362)κ
2. Except as otherwise provided in NRS 630.164 [,] or section 1 of this act, a license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has completed the course of study set forth in NRS 630.162 and received the degree of Doctor of Medicine from a medical school:
(1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,
which he attended for a total of 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners;
(2) All parts of the Federation Licensing Examination; or
(3) All parts of a licensing examination given by any state or territory of the United States if the applicant is certified by a specialty board of the American Board of Medical Specialties;
(d) Has completed 3 years of:
(1) Graduate education as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b) of [subsection 2.] this subsection.
Sec. 6. Section 4 of chapter 407, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 4. NRS 630.265 is hereby amended to read as follows:
630.265 1. [The] Except as otherwise provided in section 1 of this act, the board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
(a) A graduate of an accredited medical school in the United States or Canada; or
(b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that commission that he passed the examination given by it.
κ1991 Statutes of Nevada, Page 1889 (CHAPTER 571, SB 362)κ
2. The medical school or other institution sponsoring the program shall provide the board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. Such a license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.
3. The board may issue such a limited license for not more than 1 year but may renew the license.
4. The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program and the board.
5. A limited license granted pursuant to this section may be revoked by the board at any time for any of the grounds provided in NRS 630.301 to 630.3065, inclusive [.] , or section 1 of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 419Senator Horn
CHAPTER 572
AN ACT relating to land surveying; allowing a professional land surveyor to enter public or private land for certain purposes; allowing city surveyors to certify certain maps; 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 625 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A surveyor may enter public or private land, a water course or a body of water to:
(a) Investigate, recover, establish, reestablish, rehabilitate, perpetuate or use evidence of a boundary location.
(b) Locate, relocate, use, install or replace a survey monument.
(c) Perform land or control surveying.
2. Before entering private land pursuant to subsection 1, a surveyor shall provide written notice to the owner or occupant of the land of the proposed date and approximate time of entry upon the land and a statement of the purpose for entry upon the land. The notice must include the name, registration number and business affiliation of the surveyor. The surveyor shall obtain the approval of the owner or occupant of the land before entry. An owner shall not unreasonably withhold approval of such entry on his land. The provisions of this subsection are not applicable to an entry made pursuant to NRS 37.050.
κ1991 Statutes of Nevada, Page 1890 (CHAPTER 572, SB 419)κ
3. Nothing in this section may be construed to relieve a surveyor from any civil liability for any damage caused by his entry pursuant to subsection 1.
4. As used in this section, surveyor includes:
(a) A professional land surveyor or his designee.
(b) A surveyor employed by the Federal Government or an agency of the Federal Government, the State of Nevada, a political subdivision of the state or an agency of the state.
Sec. 2. NRS 278.376 is hereby amended to read as follows:
278.376 1. A final map presented for filing must include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city surveyor, city engineer or [by the] county surveyor when for that purpose appointed by the governing body of the city, stating:
(a) That he has examined the final map; and
(b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.
2. The person certifying the information required by this section must be registered as a professional land surveyor or [a registered] civil engineer [.] pursuant to chapter 625 of NRS.
Sec. 3. NRS 278.477 is hereby amended to read as follows:
278.477 1. Any amendment of a recorded subdivision plat, parcel map, map of division into large parcels, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:
(a) If the proposed amendment is to a parcel map, map of division into large parcels, or record of survey, the same procedures and requirements apply as in the original filing.
(b) If the proposed amendment is to a subdivision plat, only those procedures for the approval and filing of a final map and the requirements of subsection 2 apply.
2. Any amended plat, map or survey must:
(a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;
(b) Have the words Amended Plat of prominently displayed on each sheet above the title of the document amended;
(c) Have a blank margin for the county recorders index information;
(d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorders information and stamp;
(e) Contain the certificate required by NRS 278.374 or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures if the order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;
(f) Contain a certificate of the professional land surveyor registered pursuant to chapter 625 of NRS who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and 625.340 to 625.380, inclusive, and with any applicable local ordinance; and
κ1991 Statutes of Nevada, Page 1891 (CHAPTER 572, SB 419)κ
and 625.340 to 625.380, inclusive, and with any applicable local ordinance; and
(g) Contain a certificate executed by the appropriate county surveyor, county engineer [or city engineer] , city surveyor or city engineer, if he is registered as a professional land surveyor or [a registered] civil engineer pursuant to chapter 625 of NRS stating that he has examined the document and that it is technically correct.
3. Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 4. NRS 278.490 is hereby amended to read as follows:
278.490 1. Any owner or governing body desiring to revert or abandon any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon the map or portion thereof shall submit a written application accompanied by a map of the proposed abandonment or reversion which contains the same survey dimensions as the recorded map to the governing body or, if authorized by ordinance, to the planning commission, for approval. The application must describe the requested changes.
2. The map [need only] must contain the appropriate certificates required by NRS 278.374 [to 278.378, inclusive,] and 278.376 to 278.4725, inclusive, for the original division of the land, and must be presented to the governing body or, if authorized by ordinance, to the planning commission, for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 must be followed before the approval of the map.
3. The final map must be [clearly] :
(a) Prepared by a professional land surveyor registered pursuant to chapter 625 of NRS. The professional land surveyor shall state in his certificate that the map has been prepared from information on a recorded map that is being abandoned or reverted. The professional land surveyor may state in his certificate that he assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in his certificate, recording information which is sufficient to identify clearly the recorded map being reverted or abandoned.
(b) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.
4. The size of each sheet of the map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
5. The scale of the map must be large enough to show all details clearly and enough sheets must be used to accomplish this end.
κ1991 Statutes of Nevada, Page 1892 (CHAPTER 572, SB 419)κ
6. The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets and its relation to each adjoining sheet must be clearly shown.
7. Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a map of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.
8. Upon approval of the map of reversion or abandonment, it must be recorded by the governing body or, if authorized by ordinance, to the planning commission, in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded map affected by the later recording, if the county recorder does not maintain a cumulative index for such maps and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 5. Chapter 329 of NRS is hereby amended by adding thereto a new section to read as follows:
A surveyor is not required to file a corner record if:
1. A corner record is on file with the county recorder and the corner is found as described in the record; and
2. All information required in a corner record pursuant to this chapter is included in:
(a) A record of survey filed in accordance with the provisions of NRS 625.340 to 625.380, inclusive; or
(b) A land subdivision map recorded in accordance with the provisions of NRS 278.010 to 278.630, inclusive.
Sec. 6. NRS 329.140 is hereby amended to read as follows:
329.140 [A] Except as otherwise provided in section 6 of this act, a surveyor shall complete, sign and file or cause to be filed with the county recorder of the county in which the corner is situated a written record of the establishment or restoration of a public land survey corner. [Such] Except as otherwise provided in section 5 of this act, such a filing [shall] must be made for every public land survey corner and accessory to such corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information [shall] must be filed within [30] 90 days after the survey is completed . [, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.]
Sec. 7. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 1893κ
Senate Bill No. 551Committee on Finance
CHAPTER 573
AN ACT relating to correctional institutions; authorizing the department of prisons to enter into contracts for correctional services at a new minimum security correctional facility for women; 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. As used in this act, unless the context otherwise requires:
1. Contractor means a person with a contractual agreement with the department to provide correctional services to prisoners at the facility.
2. Correctional services includes the following functions, services and activities when provided with regard to the facility:
(a) The operation of the facility, including management, custody of prisoners and security.
(b) Services for food, medical attention, transportation and sanitation, a commissary and other ancillary services.
(c) Development and implementation of systems for classification, management and information and other similar services.
(d) Education, training and programs for employment.
(e) Counseling, treatment programs and other programs for the special needs of the prisoners.
3. Department means the department of prisons.
4. Director means the director of the department of prisons.
5. Facility means the womens minimum security correctional facility proposed for construction in Las Vegas, including any physical improvement, any preliminary plan, study or survey related thereto, the land or the right to land, and any furnishings, machines, vehicles, apparatus or equipment used in connection therewith.
Sec. 2. 1. The department may enter into contracts for financing, acquiring, constructing or operating the facility.
2. The department may request that proposals for correctional services be submitted and must specify the requirements for the proposal.
3. Proposals submitted to the department must:
(a) Meet the requirements specified in the request; and
(b) Set a fixed price for the services offered.
Sec. 3. The department may not enter a contract for correctional services unless the contractor provides:
1. Evidence of his qualifications, experience and ability to comply with applicable court orders and correctional standards.
2. A plan of indemnification for liability, including indemnity for civil rights claims. The plan must protect the state from all claims and losses incurred as a result of the contract. The provisions of this subsection do not deprive a contractor or the state of the benefits of any law that limits its exposure to liability or damages.
κ1991 Statutes of Nevada, Page 1894 (CHAPTER 573, SB 551)κ
3. Evidence of past performance of similar contracts, including audited financial statements for the past 5 years or for each of the years the contractor has been in operation, if less than 5 years, and other financial information as requested.
4. Management personnel necessary to carry out the terms of the contract.
Sec. 4. A contract entered into pursuant to the provisions of this act, including contracts for the provision of correctional services, the lease or use of public lands or a public building for use in the operation of the facility:
1. May be entered into for 20 years or less, subject to the requirement of a biennial appropriation of money by the state.
2. Must provide:
(a) Internal and perimeter security to protect the public, employees and prisoners.
(b) Work or training opportunities for prisoners while they are incarcerated. The contractor must not benefit financially from the labor of the prisoners.
(c) Discipline for prisoners in accordance with applicable standards and procedures.
(d) Food, clothing, housing and medical care for prisoners.
Sec. 5. 1. Employees of a contractor that provide security may only use force and exercise their power and authority while:
(a) On the grounds of the facility under the supervision of the contractor.
(b) Transporting prisoners.
(c) Pursuing escapees from the facility.
2. The provisions of chapter 212 of NRS apply to the:
(a) Guards or correctional officers employed by a contractor; and
(b) Prisoners assigned to the facility, or to a program for which a contractor is providing correctional services,
to the same extent that those provisions would apply if the services provided by the contractor were being provided by the department.
Sec. 6. A contract for correctional services must not authorize, allow or imply a delegation of authority or responsibility of the director to a contractor for:
1. Developing and implementing procedures for calculating dates for release of prisoners or eligibility for parole.
2. Developing and implementing procedures for calculating and awarding credits against the term of imprisonment.
3. Approving prisoners for furlough and work release.
4. Approving the work prisoners may perform and the wages or credits that may be given the prisoners who are engaged in such work.
5. Granting, denying or revoking credits against the term of imprisonment.
Sec. 7. The department may cooperate and contract with tax exempt entities to provide for the payment of the principal of, the premium, if any, the interest on and the fees of the trustee and paying agent in connection with bonds issued to finance the acquisition, construction and operation of the facility, to be secured by a lien on and pledge of one or more of the following:
κ1991 Statutes of Nevada, Page 1895 (CHAPTER 573, SB 551)κ
1. All revenue derived from payments to be made by the department for the housing of prisoners.
2. Any other revenue authorized by the legislature or by biennial appropriations of money by the state.
It is not necessary to the perfection of the lien and pledge that the trustee in connection with a bond issue or the holders of the bonds take possession of the collateral security.
Sec. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 473Senator Shaffer (by request)
CHAPTER 574
AN ACT relating to preparation of legislative measures; prohibiting certain entities from submitting requests for the preparation and amendment of legislative measures directly to the legislative counsel without the approval of the legislative commission; requiring the legislative commission to report its recommendations to the 67th session of the legislature concerning direct submission of such requests; 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 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.255, inclusive. Except as otherwise provided in subsection 2, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation and amendment of legislative measures directly submitted or requested by a natural person, corporation, firm, association or other entity, including an organization that represents governmental agencies, unless the requester, or if the requester is a natural person the office or other position held by the person, is created by the constitution or laws of this state.
2. The legislative commission may authorize an entity that is not otherwise authorized pursuant to NRS 218.240 to 218.255, inclusive, to request the preparation of legislative measures to submit requests directly to the legislative counsel and the legal division of the legislative counsel bureau. The legislative commission shall not authorize an entity to request the preparation of more than 10 measures pursuant to this subsection.
3. The legislative counsel shall give consideration to and service concerning any measure before the legislature which is requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
κ1991 Statutes of Nevada, Page 1896 (CHAPTER 574, SB 473)κ
[3.] 4. The legislative counsel may deliver to the superintendent of the state printing and micrographics division of the department of general services and request that he print or preset the type for printing a legislative measure before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 2. The legislative commission shall report to the 67th session of the legislature concerning the commissions recommendations for determining which entities are authorized to submit requests for the preparation of legislative measures directly to the legislative counsel and the legal division of the legislative counsel bureau.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 596Senators Rawson, Coffin, Glomb and Horn
CHAPTER 575
AN ACT relating to burn injuries; requiring providers of health care to report the treatment of certain persons who sustain burns; requiring fire departments to investigate those reports; 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 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every provider of health care to whom any person comes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or more of his body;
(b) Burns to his upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or
(c) Burns which may result in death,
shall promptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
(a) The name and address of the person treated, if known;
(b) The location of the person treated; and
(c) The character and extent of his injuries.
3. A person required to make a report pursuant to subsection 1 shall, within 3 working days after treating the person, submit a written report to:
(a) The appropriate local fire department in counties whose population is 25,000 or more; or
(b) The state fire marshal in counties whose population is less than 25,000. The report must be on a form provided by the state fire marshal.
4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.
κ1991 Statutes of Nevada, Page 1897 (CHAPTER 575, SB 596)κ
Sec. 2. NRS 475.125 is hereby amended to read as follows:
475.125 Each fire department [may] .
1. May investigate the cause, origin and circumstances of each fire which occurs within its jurisdiction and which results in the destruction of or damage to property, loss of life, or injury to any person.
2. Shall investigate any report received pursuant to section 1 of this act to determine the origin of the fire which caused the injury.
Sec. 3. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of combustibles, flammables and fireworks.
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate [from time to time] for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 25,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection [purposes] within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. The state fire marshal shall:
κ1991 Statutes of Nevada, Page 1898 (CHAPTER 575, SB 596)κ
(a) Investigate any fire which occurs in a county whose population is less than 25,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 25,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to section 1 of this act.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
on request or as he deems necessary.
________
Senate Bill No. 441Committee on Transportation
CHAPTER 576
AN ACT relating to state revenue; increasing certain taxes on motor vehicle fuel and special fuels; increasing the fees for the registration of certain vehicles; increasing the fees for issuing certificates of title for certain vehicles; increasing the fees for certain drivers licenses; increasing the fees for licensing certain schools and instructors; 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 365 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any amount required to be paid pursuant to this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of any county recorder a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.
κ1991 Statutes of Nevada, Page 1899 (CHAPTER 576, SB 441)κ
2. From the time of the filing for record, the amount required to be paid, together with the interest and penalty, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of filing, the lien is extended to the real and personal property in the county for 5 years, unless sooner released or otherwise discharged.
4. The department may at any time release all or any portion of the property subject to any lien provided for in this chapter from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
5. A certificate by the department to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.
Sec. 2. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax on:
(1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to section 19 of [this act;] chapter 19, Statutes of Nevada 1991; and
(2) All other motor vehicle fuel in the amount of [12.65] 15.15 cents per gallon,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
κ1991 Statutes of Nevada, Page 1900 (CHAPTER 576, SB 441)κ
by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 3. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax on:
(1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to section 19 of chapter 19, Statutes of Nevada 1991; and
(2) All other motor vehicle fuel in the amount of [15.15] 17.65 cents per gallon,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 4. NRS 365.192 is hereby amended to read as follows:
365.192 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1 cent per gallon on motor vehicle fuel.
2. [The provisions of this section are optional. A board of county commissioners by an ordinance regularly adopted may impose or repeal the tax provided for in this section.
3. Upon the adoption of such an ordinance, the county shall immediately notify the Nevada tax commission of its action.
4.] This tax must be accounted for by each dealer as to the county in which the motor vehicle fuel is sold to the retailer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
κ1991 Statutes of Nevada, Page 1901 (CHAPTER 576, SB 441)κ
Sec. 5. NRS 365.196 is hereby amended to read as follows:
365.196 1. The receipts of the tax as levied in NRS 365.192 must be allocated monthly by the department to the counties in which the tax payments originate.
2. Each county must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county. The county and each city are respectively entitled to receive each month that proportion of those receipts which its total population bears to the total population of the county.
3. During the month immediately preceding each January 1 and July 1, the county treasurer of each county [in which the tax is imposed] shall, when necessary and after a hearing, adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.
4. The money apportioned to the county or a city must be used by it solely to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.
Sec. 6. NRS 365.290 is hereby amended to read as follows:
365.290 1. Before granting any license the department shall require the applicant to file with the department 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 faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.
2. The total amount of the bond or bonds required of any dealer [must] may be fixed by the department at [twice] three times the estimated maximum monthly tax, determined in such a manner as the department deems proper . [, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter, except that the total amount of the bond or bonds of any dealer may never be less than $1,000 nor more than $50,000.] If the department determines that a person is habitually delinquent in the payment of amounts due pursuant to this chapter, it may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100, within the same upper limit.
3. The department may increase or decrease the amount of security required by this section subject to the limitations provided in this section.
4. No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license affects the validity of any bond.
[4.] 5. In lieu of any bond or bonds, a dealer may deposit with the department, under such terms and conditions as the department may prescribe, 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 department.
κ1991 Statutes of Nevada, Page 1902 (CHAPTER 576, SB 441)κ
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 department.
Sec. 7. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected, as prescribed by NRS 365.170 and 365.185, from the tax on motor vehicle fuels, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer. An amount equal to that part of the tax collected pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 365.170, which represents 2.5 cents of the tax per gallon must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
2. The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.
4. The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.
Sec. 8. NRS 365.540 is hereby amended to read as follows:
365.540 1. The money collected, as prescribed by NRS 365.170 and 365.185, from the tax on motor vehicle fuels, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer. An amount equal to that part of the tax collected pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 365.170, which represents [2.5] 5 cents of the tax per gallon must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
2. The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department to the counties as prescribed in NRS 365.550 and 365.560.
3. The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.
4. The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.
Sec. 9. NRS 366.190 is hereby amended to read as follows:
366.190 1. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of [22] 24.5 cents per gallon on the sale or use of special fuels.
2. A tax is hereby imposed at the rate of [18] 20.5 cents per gallon on the sale or use of liquefied petroleum gas and compressed natural gas.
κ1991 Statutes of Nevada, Page 1903 (CHAPTER 576, SB 441)κ
Sec. 10. NRS 366.190 is hereby amended to read as follows:
366.190 1. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of [24.5] 27 cents per gallon on the sale or use of special fuels.
2. A tax is hereby imposed at the rate of [20.5] 23 cents per gallon on the sale or use of liquefied petroleum gas and compressed natural gas.
Sec. 11. NRS 366.700 is hereby amended to read as follows:
366.700 All money received by the department pursuant to the provisions of this chapter [shall] must be deposited with the state treasurer to the credit of the motor vehicle fund. An amount equal to that part of the tax collected pursuant to NRS 366.190 which represents 2.5 cents of the tax per gallon, minus the portion of that amount used to administer the department of motor vehicles and public safety, must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
Sec. 12. NRS 366.700 is hereby amended to read as follows:
366.700 All money received by the department pursuant to the provisions of this chapter must be deposited with the state treasurer to the credit of the motor vehicle fund. An amount equal to that part of the tax collected pursuant to NRS 366.190 which represents [2.5] 5 cents of the tax per gallon, minus the portion of that amount used to administer the department of motor vehicles and public safety, must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.
Sec. 13. Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any amount required to be paid pursuant to this chapter is not paid when due, the department may, within 3 years after the amount is due, file for record in the office of any county recorder a certificate specifying the amount, interest and penalty due, the name and address as it appears on the records of the department of the person liable for the amount due, and the fact that the department has complied with all provisions of this chapter in the determination of the amount required to be paid.
2. From the time of the filing for record, the amount required to be paid, together with the interest and penalty, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.
3. The lien may, within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of filing, the lien is extended to the real and personal property in the county for 5 years, unless sooner released or otherwise discharged.
4. The department may at any time release all or any portion of the property subject to any lien provided for in this chapter from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
κ1991 Statutes of Nevada, Page 1904 (CHAPTER 576, SB 441)κ
property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.
5. A certificate by the department to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.
Sec. 14. NRS 373.030 is hereby amended to read as follows:
373.030 1. In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance:
(a) Create a regional transportation commission; and
(b) Impose a tax on motor vehicle fuel sold in the county in an amount not to exceed 9 cents per gallon.
2. [If a tax is proposed in an amount which would result in a total tax of not more than 4 cents per gallon, the board may submit the proposed tax to the registered voters of the county at any election for their approval.
3. If a tax is proposed in an amount which would result in a total tax of more than 4 cents per gallon, the board shall submit the proposed tax to the registered voters of the county at any election for their approval. A county may combine this question with questions submitted pursuant to section 2, 14, 19 or 24, of chapter 19, Statutes of Nevada 1991, or NRS 377A.020, or any combination thereof. If the tax is approved, the board, by ordinance, shall impose such a tax.
4.] A tax imposed [under] pursuant to this section is in addition to other motor vehicle fuel taxes imposed [under] pursuant to the provisions of chapter 365 of NRS.
Sec. 15. Chapter 408 of NRS is hereby amended by adding thereto the provisions set for as sections 16 and 17 of this act.
Sec. 16. 1. The department shall prepare and make available for public inspection a report of its projects for the construction and maintenance of highways. The report must include:
(a) A description of the departments work in progress and its proposed projects;
(b) The cost of each project, including the anticipated cost for:
(1) The acquisition of rights of way;
(2) Design and engineering; and
(3) Construction; and
(c) The estimated starting dates for each project and the components of each project.
2. The report must be revised every 6 months to indicate any change in the cost of a project or the component of a project, and any change in the starting or completion date of a project.
3. The department shall make the report available for public inspection at its office during normal business hours.
Sec. 17. The department shall not purchase any equipment for the construction and maintenance of highways which exceeds $25,000, unless the purchase is first approved by the board.
κ1991 Statutes of Nevada, Page 1905 (CHAPTER 576, SB 441)κ
Sec. 18. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created the state highway fund.
2. The proceeds from the imposition of any license [, except a drivers license,] or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. The interest and income earned on the money in the state highway fund, after deducting any applicable charges, must be credited to the fund.
4. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.
5. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.
6. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 19. NRS 482.429 is hereby amended to read as follows:
482.429 For its services under this chapter, the department shall charge and collect the following fees:
For each certificate of title issued for a vehicle present or registered in this state.................................................................................................... [$10] $20
For each duplicate certificate of title issued...................................... [10] 20
For each certificate of title issued for a vehicle not present in or registered in this state .................................................................................................... [$25] 35
Sec. 20. NRS 482.470 is hereby amended to read as follows:
482.470 1. [Whenever] If any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the department any certificate of registration and certificate of ownership issued by the department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.
2. Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the department any license plate or plates, certificate of registration or certificate of ownership issued by the department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.
κ1991 Statutes of Nevada, Page 1906 (CHAPTER 576, SB 441)κ
unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.
3. The department may issue a certificate of dismantling, as provided in chapter 487 of NRS [.] , upon the payment of a fee of $10.
4. The department shall destroy any plate or plates, certificate of registration or certificate of ownership that is returned in a manner described in subsections 1 and 2. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
Sec. 21. 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.] $33.
2. For every motorcycle, a fee for registration of [$23] $33 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 account for verification of insurance which is hereby created 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.] $27.
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. 22. NRS 482.482 is hereby amended to read as follows:
482.482 1. In addition to any other applicable fee listed in NRS 482.480 there must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of:
(a) Less than 6,000 pounds, a fee of [$23.] $33.
(b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of [$28.] $38.
(c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of [$38.] $48.
(d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.
(e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.
2. The registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in equal installments. Except for the first installment, which must be paid at the time of registration, installments are due on or before April 1, July 1 and October 1 of each year.
κ1991 Statutes of Nevada, Page 1907 (CHAPTER 576, SB 441)κ
of registration, installments are due on or before April 1, July 1 and October 1 of each year. The amount of each installment must be determined by taking the total fee and privilege tax due for the calendar year and dividing that amount by the sum of the total number of installments for that calendar year due after the date of registration plus one.
3. If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.
4. Any payment required by subsection 2 shall be deemed received by the department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the department, if that date is earlier than the actual receipt of that payment.
5. A person who fails to pay any fee pursuant to subsection 2 or privilege tax when due shall pay to the department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.
Sec. 23. NRS 482.483 is hereby amended to read as follows:
482.483 In addition to any other applicable fee listed in NRS 482.480, there must be paid to the department:
1. For every trailer or semitrailer having an unladen weight of 1,000 pounds or less, a flat registration fee of [$6.] $12.
2. For every trailer having an unladen weight of more than 1,000 pounds, a flat registration fee of [$12.] $24.
Sec. 24. NRS 483.347 is hereby amended to read as follows:
483.347 1. The department shall issue a drivers license which:
(a) Bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age; and
(b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicants current driving record is not immediately available at the issuing office.
2. The department shall:
(a) Establish a uniform procedure for the production of those licenses, applicable to renewal as well as to original licenses.
(b) Increase the fees provided in NRS 483.410 and 483.820 by an amount up to $1. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of license production required by this section.
Sec. 25. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older....................... [$4] $14
An original license issued to any other person..................................... [9] 19
A renewal license issued to any other person...................................... [9] 19
Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385............................................................... [25] 40 Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.............................................................. [50] 65
κ1991 Statutes of Nevada, Page 1908 (CHAPTER 576, SB 441)κ
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385......... [50] 65
A [duplicate license,] new photograph, change of name, change of address or any combination...................................................................................... 5
A duplicate license....................................................................................... 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees Social Security number to a unique number based upon it.
4. The increase in fees authorized by NRS 483.347 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of [$5] $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt under that section.
6. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
7. All money collected by the department under this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 26. NRS 483.420 is hereby amended to read as follows:
483.420 1. The department is hereby authorized to cancel any drivers license upon determining that the licensee was not entitled to the issuance thereof [under] pursuant to NRS 483.010 to 483.630, inclusive, or that the licensee failed to give the required or correct information in his application or committed any fraud in making [such] an application.
2. Upon [such cancellation,] cancellation of his drivers license pursuant to subsection 1, the licensee [must] shall surrender the license canceled to the department.
3. The department is authorized to cancel any license that is voluntarily surrendered to the department.
Sec. 27. NRS 483.780 is hereby amended to read as follows:
483.780 The department shall charge annually the following fees for licenses issued [under] pursuant to the provisions of NRS 483.700 to 483.780, inclusive:
License for a school for training drivers.................................................... $50
License for a driving instructor.................................................................... 10
License for a school, an agency or a business that provides an educational course on the abuse of alcohol and controlled substances.................. 250
License for an instructor of an educational course on the abuse of alcohol and controlled substances...................................................................... 50
License for a school for traffic safety........................................................ 250
License for an instructor of traffic safety................................................. 50
κ1991 Statutes of Nevada, Page 1909 (CHAPTER 576, SB 441)κ
Sec. 28. NRS 483.820 is hereby amended to read as follows:
483.820 1. Every resident of this state 10 years of age or older who does not hold a Nevada drivers license and makes an application as provided in this chapter is entitled to receive an identification card.
2. The department shall charge and collect the [same] following fees for issuance of an original, duplicate [or] and changed identification card [, other than a card issued to a minor, as for a drivers license. The department shall charge and collect a fee of $3 for an original identification card issued to a minor and a fee of $2 for a duplicate card, new photograph, change of name, change of address or any combination.] :
An original or duplicate identification card issued to a person 65 years of age or older.................................................................................................... $4
An original or duplicate identification card issued to a person under 18 years of age............................................................................................................. 3
An original or duplicate identification card issued to any other person 9
A new photograph, change of name, change of address or any combination 4
3. The department shall not change a fee for an identification card issued to a person who has voluntarily surrendered his drivers license pursuant to NRS 483.420.
Sec. 29. NRS 487.480 is hereby amended to read as follows:
487.480 1. Before an operator of a salvage pool sells any vehicle subject to registration pursuant to the laws of this state, he must have in his possession the certificate of ownership or a bill of sale of salvage for that vehicle. He shall, within 10 days after completion of the transaction, forward the certificate of ownership or bill of sale of salvage to the department. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number if the vehicle was manufactured in the 5 years preceding the date on which the operator forwards the certificates to the department, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.
2. Upon sale of the vehicle, the operator of the salvage pool shall provide a bill of sale of salvage to the licensed automobile wrecker, dealer of new or used motor vehicles or rebuilder on a form prescribed and supplied by the department. The department shall accept the bill of sale in lieu of the certificate of ownership or other evidence of title from the:
(a) Automobile wrecker if accompanied by an appropriate application for a certificate of dismantling; or
(b) Dealer of new or used motor vehicles or rebuilder when he licenses the vehicle for operation or transfers ownership of it, if the bill of sale is accompanied by an appropriate application, all other required documents and fees, and a certificate of inspection signed by an employee of the department attesting to the mechanical fitness and safety of the vehicle.
3. The department may issue to the automobile wrecker [without charge,] a certificate of dismantling that contains a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
κ1991 Statutes of Nevada, Page 1910 (CHAPTER 576, SB 441)κ
including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
Sec. 30. 1. This section and sections 1, 5, 6, 13 to 18, inclusive, and 24, 26 and 29 of this act become effective on July 1, 1991.
2. Sections 2, 4, 7, 9 and 11 of this act become effective on October 1, 1991.
3. Sections 19 to 23, inclusive, and 25, 27 and 28 of this act become effective on January 1, 1992.
4. Sections 3, 8, 10 and 12 of this act become effective on October 1, 1992.
________
Senate Bill No. 574Committee on Finance
CHAPTER 577
AN ACT relating to the state executive department; creating the Nevada commission for women; providing its duties; requiring the director of the department of administration to provide certain staff assistance to the commission; 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 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, commission means the Nevada commission for women.
Sec. 3. 1. The Nevada commission for women, consisting of 10 members appointed by the governor, is hereby created.
2. The members appointed to the commission must reflect varied political philosophies regarding issues of concern to women.
3. The governor shall designate one member of the commission to serve as chairman and one member of the commission to serve as vice chairman.
4. Each chairman, vice chairman and other officer of the commission shall serve for a term of 1 year.
5. No more than five members of the commission may be from the same political party.
Sec. 4. Except for the initial members, the term of office of each member of the commission is 3 years and commences on July 1 of the year of appointment. The members shall continue in office until their successors are appointed. Members are eligible for reappointment, except that no member may serve for any part of more than two consecutive terms. Vacancies must be filled by appointment for the unexpired terms by the governor.
Sec. 5. Members of the commission receive no compensation for their services, but are entitled to be reimbursed for all travel and other expenses actually and necessarily incurred by them in the performance of their duties, within the limits of money available from gifts, grants, contributions and other money received pursuant to section 10 of this act.
κ1991 Statutes of Nevada, Page 1911 (CHAPTER 577, SB 574)κ
within the limits of money available from gifts, grants, contributions and other money received pursuant to section 10 of this act.
Sec. 6. The commission shall meet at the call of the chairman as frequently as required to perform its duties, but no less than quarterly. A majority of the members of the commission constitutes a quorum for the transaction of business, and a majority of those present at any meeting is sufficient for any official action taken by the commission. The commission shall, on or before January 31 of each year, submit a report to the governor and the legislature, or if the legislature is not in session, to the legislative commission, summarizing the commissions activities, needs and recommendations.
Sec. 7. 1. The commission shall study the changing and developing roles of women in society, including the recognition of socioeconomic factors that influence the status of women, and recommend proposed legislation.
2. The commission may collect and disseminate information on activities, programs and essential services available to women in Nevada.
Sec. 8. The chairman of the commission may, with the approval of the commission, appoint committees from its members to assist in carrying out any of the functions or duties of the commission.
Sec. 9. 1. The director of the department of administration shall provide staff assistance to the commission as the governor deems appropriate.
2. The commission may engage the services of volunteer workers and consultants without salary as is necessary from time to time.
Sec. 10. The commission may apply for and receive gifts, grants, contributions or other money from the Federal Government, private agencies, affiliated associations and other persons for the purposes of carrying out the provisions of this chapter and for defraying expenses incurred by the commission in the discharge of its duties.
Sec. 11. As soon as practicable after July 1, 1991, the governor shall appoint to the Nevada commission for women:
1. Four members to terms that expire on June 30, 1992.
2. Three members to terms that expire on June 30, 1993.
3. Three members to terms that expire on June 30, 1994.
Sec. 12. This act becomes effective on July 1, 1991.
Sec. 13. This act expires by limitation on July 1, 1995.
________
Senate Bill No. 548Senator Smith
CHAPTER 578
AN ACT relating to gaming; clarifying that the annual tax on slot machines is an excise tax; 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 463.385 is hereby amended to read as follows:
κ1991 Statutes of Nevada, Page 1912 (CHAPTER 578, SB 548)κ
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, and the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
κ1991 Statutes of Nevada, Page 1913 (CHAPTER 578, SB 548)κ
to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund [in the state treasury] but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 547Senator Shaffer (by request)
CHAPTER 579
AN ACT relating to motor vehicles; requiring the department of motor vehicles and public safety to establish a pilot program for the renewal of registrations of motor vehicles at authorized stations; requiring the department to conduct an interim study of the pilot program; 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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1991 Statutes of Nevada, Page 1914 (CHAPTER 579, SB 547)κ
1. The department shall establish a pilot program to allow an authorized station, as defined in NRS 445.610, to renew certificates of registration for motor vehicles.
2. The department shall choose the authorized stations which may participate in the program. The department shall not choose an authorized station for the program if that station has committed any of the violations set forth in NRS 445.634.
3. An authorized station shall not renew a certificate of registration for a motor vehicle unless the authorized station has issued a certificate of emissions compliance for that vehicle.
4. The department shall establish bonding and surety requirements for an authorized station that elects to participate in the program. Each such authorized station shall obtain the equipment necessary for the operation of the station, as determined by the department, and shall pay the costs of any audit required by the department.
5. The department shall adopt regulations necessary to carry out the provisions of this section.
Sec. 2. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director may designate the county assessor of any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
3. [The] Except as otherwise provided in this subsection, the contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration or for each transaction performed pursuant to NRS 482.213. An authorized station that issues certificates of registration pursuant to section 1 of this act is not entitled to receive compensation from the department pursuant to this subsection.
Sec. 3. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.
κ1991 Statutes of Nevada, Page 1915 (CHAPTER 579, SB 547)κ
2. An application mailed or presented to the department or to a county assessor [under] pursuant to the provisions of this section , or presented to an authorized station pursuant to the provisions of section 1 of this act, must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185. Security may be provided by an operators policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.
(b) If required, evidence of compliance with standards for control of emissions.
3. The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.
5. At the time of applying for renewal of registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
Sec. 4. The department of motor vehicles and public safety shall conduct an interim study of the pilot program established pursuant to subsection 1 and submit a report of the results of the study and any recommended legislation to the director of the legislative counsel bureau for presentation to the 67th session of the legislature.
Sec. 5. The department of motor vehicles and public safety shall adopt the regulations required by section 1 of this act on or before January 1, 1992.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval for the purposes of adopting regulations and on January 1, 1992, for all other purposes.
3. The remaining sections of this act become effective on January 1, 1992.
________
κ1991 Statutes of Nevada, Page 1916κ
Senate Bill No. 541Senators Rawson, Coffin, Horn, Neal, ODonnell, Raggio, Townsend and Tyler
CHAPTER 580
AN ACT relating to emergency medical services; clarifying that certificates and permits issued for emergency medical technicians, ambulances, air ambulances and vehicles of fire-fighting agencies are valid statewide; requiring the health division of the department of human resources to maintain a central registry of such certificates and permits; exempting ambulances, air ambulances and attendants based outside this state from the provisions relating to emergency medical services; 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 450B.180 is hereby amended to read as follows:
450B.180 1. Any person desiring certification as an emergency medical technician must apply to the health division using forms prescribed by the health division.
2. The health division, under regulations and procedures adopted by the board, shall make a determination of the applicants qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.
3. A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.
4. The health division may suspend or revoke the certificate of an emergency medical technician if it finds that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board.
5. The board shall determine the procedures and techniques which may be performed by an emergency medical technician.
6. A certificate issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health.
7. The health division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the health division or a county or district board of health.
Sec. 2. NRS 450B.200 is hereby amended to read as follows:
450B.200 1. The health division may issue [permits] a permit for the operation of an ambulance, an air ambulance [and] or a vehicle of a fire-fighting agency at the scene of an emergency.
2. Each permit must be evidenced by a card issued to the holder of the permit.
3. No permit may be issued unless the applicant is qualified under the regulations of the board.
4. An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:
κ1991 Statutes of Nevada, Page 1917 (CHAPTER 580, SB 541)κ
(a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;
(b) The name under which the applicant is doing business or proposes to do business, if applicable;
(c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
(d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and
(e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board shall establish a reasonable fee for annual permits.
6. All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.
7. The health division shall:
(a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or
(b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,
only after the holder of a permit is afforded an opportunity for a public hearing before the board.
8. The health division may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.
9. The issuance of a permit [under] pursuant to this section or NRS 450B.210 does not authorize any person or government entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
10. A permit issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the county or district board of health in a county whose population is 100,000 or more is not required to obtain a permit from the health division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.
11. The health division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the health division or a county or district board of health.
Sec. 3. NRS 450B.210 is hereby amended to read as follows:
450B.210 1. The board may issue provisional permits limited as to time, place and purpose, based on the need therefor. No provisional permit may be issued for a period of [time] longer than 6 months. The board may establish a reasonable fee for such provisional permits.
κ1991 Statutes of Nevada, Page 1918 (CHAPTER 580, SB 541)κ
2. Unless otherwise limited in the permit, a provisional permit issued pursuant to this section is valid for providing emergency services throughout the state, whether issued by the health division or a county or district board of health.
Sec. 4. NRS 450B.290 is hereby amended to read as follows:
450B.290 The following are exempted from the provisions of this chapter:
1. The occasional use of a vehicle or aircraft to transport injured or sick persons, which vehicle or aircraft is not ordinarily used in the business of transporting persons who are sick or injured.
2. A vehicle or aircraft rendering services as an ambulance or air ambulance in case of a major catastrophe or emergency if ambulance or air ambulance services with permits are insufficient to render the services required.
3. Persons rendering service as attendants in case of a major catastrophe or emergency if licensed attendants cannot be secured.
4. [Air] Ambulances and air ambulances based outside this state . [which deliver patients from outside this state or which are acting pursuant to subsection 2, except that any such air ambulance receiving a patient within this state shall comply with the provisions of this chapter.]
5. Attendants based outside this state . [, except an attendant for an air ambulance operating in this state pursuant to subsection 4.]
6. Vehicles owned and operated by search and rescue organizations chartered by the state as corporations not for profit or otherwise existing as nonprofit associations which are not regularly used to transport injured or sick persons except as part of rescue operations.
7. Ambulances or air ambulances owned and operated by an agency of the United States Government.
________
Senate Bill No. 439Senator Jacobsen
CHAPTER 581
AN ACT relating to the Marlette Lake water system; making various changes relating to the Marlette Lake water system advisory committee; 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 331.165 is hereby amended to read as follows:
331.165 1. The Marlette Lake water system advisory committee is hereby created to be composed of:
(a) One member appointed by the [board of wildlife commissioners.] director of the department of wildlife.
(b) One member appointed by the [state park advisory commission.] administrator of the division of state parks.
κ1991 Statutes of Nevada, Page 1919 (CHAPTER 581, SB 439)κ
(c) [Two] Three members from the state legislature , including at least one member of the senate and one member of the assembly, appointed by the legislative commission.
(d) One member from the staff of the legislative counsel bureau appointed by the legislative commission. The member so appointed shall serve as a nonvoting member of the advisory committee.
(e) One member appointed by the state forester firewarden.
(f) One member appointed by the department of general services.
2. The voting members of the advisory committee shall select one of the legislative members of the advisory committee as chairman and one as vice chairman. After the initial selection of a chairman and vice chairman, each such officer serves a term of 2 years beginning on July 1 of each odd-numbered year. If a vacancy occurs in the chairmanship or vice chairmanship, the person appointed to succeed that officer shall serve for the remainder of the unexpired term.
3. The director of the legislative counsel bureau shall provide a secretary for the advisory committee.
4. Members of the advisory committee serve at the pleasure of their respective appointing authorities.
[3.] 5. The advisory committee may make recommendations to the legislative commission, the interim finance committee, the department of administration, the state department of conservation and natural resources and the governor concerning any matters relating to the Marlette Lake water system or any part thereof.
Sec. 2. The terms of the persons initially selected as chairman and vice chairman of the Marlette Lake water system advisory committee pursuant to the amendatory provisions of section 1 of this act begin on the date of their selection and end on June 30, 1993.
________
Senate Bill No. 364Committee on Finance
CHAPTER 582
AN ACT relating to the committee for the training of reporters of abuse or neglect of a child; authorizing payment of per diem allowance and travel expenses to members of the committee; creating an account in the state general fund for the committee; making an appropriation; 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 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Committee means the committee for the training of reporters of abuse or neglect of a child.
Sec. 3. 1. An account for the committee for the training of reporters of abuse or neglect of a child is hereby created in the state general fund. The money in the account must only be used to carry out the provisions of NRS 432B.232, 432B.234 and 432B.236.
κ1991 Statutes of Nevada, Page 1920 (CHAPTER 582, SB 364)κ
money in the account must only be used to carry out the provisions of NRS 432B.232, 432B.234 and 432B.236.
2. All money received by the committee from any source must be deposited in the state treasury to the credit of the account.
3. All claims against the account must be paid as other claims against the state are paid.
Sec. 4. NRS 432B.010 is hereby amended to read as follows:
432B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.120, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 432B.234 is hereby amended to read as follows:
432B.234 1. The committee shall meet at least twice each year. Additional meetings may be called by the director of the department of human resources as he determines necessary.
2. Members of the committee serve without salary. The director of the department of human resources shall provide a room for meetings of the committee.
3. Each member of the committee is entitled to receive for each day or portion of a day he attends a meeting of the committee or is otherwise engaged in the business of the committee, the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid from the account created pursuant to subsection 1 of section 3 of this act.
Sec. 6. NRS 432B.236 is hereby amended to read as follows:
432B.236 The committee shall:
1. Recommend to the director of the department of human resources a model program of training for persons required to report abuse or neglect of a child; and
2. Define the qualifications of persons who provide such training . [; and
3. Make such training available to all persons who are required to report abuse or neglect of a child.]
Sec. 7. 1. There is hereby appropriated from the state general fund to the account for the committee for the training of reporters of abuse or neglect of a child the sum of $12,612 for the payment of the travel expenses, per diem allowances and operating expenses of the committee for the training of reporters of abuse or neglect of a child.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 1992, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 8. NRS 432B.232, 432B.234 and 432B.236 are hereby repealed.
Sec. 9. Sections 2 and 3 of this act and the amendatory provisions of section 4 of this act expire by limitation on December 31, 1992.
Sec. 10. Any money in the account for the committee for the training of reporters of abuse or neglect of a child must not be committed for expenditure after December 31, 1992, and must be transferred to the state general fund as soon as all payments of money committed have been made.
Sec. 11. 1. This section and sections 1 to 7, inclusive, 9 and 10 of this act become effective on July 1, 1991.
κ1991 Statutes of Nevada, Page 1921 (CHAPTER 582, SB 364)κ
2. Section 8 of this act becomes effective on December 31, 1992.
________
Senate Bill No. 348Committee on Finance
CHAPTER 583
AN ACT relating to the Nevada gaming commission; increasing the salaries of the members of the commission; making an appropriation; 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 463.026 is hereby amended to read as follows:
463.026 The chairman of the commission is entitled to an annual salary of [$24,000.] $42,000. Each of the other members is entitled to an annual salary of [$14,000.] $30,000.
Sec. 2. 1. There is hereby appropriated from the state general fund to the Nevada gaming commission for the purpose of meeting any deficiency which may be created between the appropriated money of the commission as fixed by the 66th session of the legislature and the requirements for the salaries of the commission pursuant to section 1 of this act:
For the fiscal year 1991-92............................................................. $36,025
For the fiscal year 1992-93............................................................. $36,507
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1991.
________
Senate Bill No. 346Committee on Finance
CHAPTER 584
AN ACT making an appropriation to the department of taxation for computer software and hardware for an automated tax collection 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 department of taxation the sum of $500,000 for the purchase and installation of computer software and hardware for an automated tax collection system and to improve current data processing programs.
κ1991 Statutes of Nevada, Page 1922 (CHAPTER 584, SB 346)κ
of computer software and hardware for an automated tax collection system and to improve current data processing programs.
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. 166Senators Cook, Getto, Adler, Coffin, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, OConnell, ODonnell, Raggio, Rawson, Rhoads, Shaffer, Titus, Townsend and Vergiels
CHAPTER 585
AN ACT relating to campaign contributions; prohibiting the personal use of campaign contributions; providing for the disposition of unspent contributions and income earned thereon after the election; requiring reports of the disposition of unspent contributions and income earned thereon; 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. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. It is unlawful for a candidate to spend money received as a campaign contribution for his personal use.
2. Every candidate for a state, district, county, city or township office at a primary, general or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general or special election shall:
(a) Return the unspent money to contributors;
(b) Use the money in his next election or for the payment of other expenses related to public office or his campaign;
(c) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(d) Donate the money to any tax-exempt nonprofit entity; or
(e) Dispose of the money in any combination of the methods provided in paragraphs (a) to (d), inclusive.
3. Every candidate for a state, district, county, city or township office at a primary, general or special election who is not elected to that office and received contributions that were not spent or committed for expenditure before the primary, general or special election shall, not later than the 15th day of the second month after his defeat:
κ1991 Statutes of Nevada, Page 1923 (CHAPTER 585, SB 166)κ
received contributions that were not spent or committed for expenditure before the primary, general or special election shall, not later than the 15th day of the second month after his defeat:
(a) Return the unspent money to contributors;
(b) Contribute the money to:
(1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;
(2) A political party;
(3) A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or
(4) Any combination of persons or groups set forth in subparagraphs (1), (2) and (3);
(c) Donate the money to any tax-exempt nonprofit entity; or
(d) Dispose of the money in any combination of the methods provided in paragraphs (a), (b) and (c).
4. Every public officer who:
(a) Holds a state, district, county, city or township office;
(b) Does not run for reelection and is not a candidate for any other office; and
(c) Has contributions that are not spent or committed for expenditure remaining from a previous election,
shall, not later than the 15th day of the second month after the expiration of his term of office, dispose of those contributions in the manner provided in subsection 3.
5. Any candidate or public officer who willfully violates any provision of this section is guilty of a misdemeanor. The court shall, in addition to any other penalty which may be imposed, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.
6. For the purposes of this section, contributions include any interest and other income earned thereon.
Sec. 3. 1. If a candidate for state, district, county, city or township office files a declaration of candidacy for an office which is different from the office:
(a) Which he previously and publicly intended to seek; or
(b) He held immediately preceding his declaration of candidacy,
he shall make a reasonable effort to notify the persons who contributed money to his campaign before he filed his declaration of candidacy and shall return the unspent portion of those contributions if so requested. Any contributions not returned must be used in his campaign or must be disposed of in the manner provided in section 2 of this act.
2. Any person who willfully violates the provisions of this section is guilty of a misdemeanor.
Sec. 4. 1. Each candidate for a state, district, county, city or township office who is not elected to that office shall, not later than the 15th day of the second month after his defeat, file a report with the secretary of state stating the amount of contributions which he received for that campaign but did not spend, and the disposition of those unspent contributions.
2. Each public officer who is elected to a state, district, county, city or township office shall file a report with the secretary of state:
κ1991 Statutes of Nevada, Page 1924 (CHAPTER 585, SB 166)κ
(a) Not later than the 15th day of the second month after his election, stating the amount of campaign contributions which he received but did not spend, and the amount, if any, of those unspent contributions disposed of pursuant to paragraph (a), (b) or (c) of subsection 2 of section 2 of this act;
(b) Not later than January 15th of each year of his term beginning the year after he filed the report required by paragraph (a), stating the amount, if any, of those unspent contributions disposed of pursuant to section 2 of this act during the period since his last report and the manner in which they were disposed of; and
(c) Not later than the 15th day of the second month after he no longer holds that office, stating the amount and disposition of any remaining unspent contributions.
3. The reports required by subsections 1 and 2 must be submitted on a form designed and provided by the secretary of state and signed by the candidate or public officer under penalty of perjury.
4. Except as otherwise provided in this section, any person who willfully violates any provision of this section is guilty of a misdemeanor.
Sec. 5. NRS 294A.080 is hereby amended to read as follows:
294A.080 If it appears that the provisions of NRS 294A.010, 294A.015, 294A.020, 294A.035, 294A.041, 294A.055 or 294A.056, or section 2, 4 or 7 of [this act,] Assembly Bill No. 475 of this session or section 2, 3 or 4 of this act have been violated:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Sec. 6. Section 5 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 341Committee on Finance
CHAPTER 586
AN ACT making an appropriation to the rehabilitation division of the department of human resources for certain expenses relating to relocation and for the purchase of two vans for the bureau of services to the blind; 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 rehabilitation division of the department of human resources the sum of $162,956 for the following expenses:
κ1991 Statutes of Nevada, Page 1925 (CHAPTER 586, SB 341)κ
1. For expenses related to relocation including the purchase and installation of a new telephone system, installation of security and fire alarm systems and the replacement of equipment for the vocational rehabilitation office in Reno the sum of $112,956; and
2. To purchase two vans for the bureau of services to the blind the sum of $50,000.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 329Committee on Taxation
CHAPTER 587
AN ACT relating to taxation; granting a limited exemption from certain taxes to certain persons called to active duty in military service or who served outside of the United States in connection with the authorization of the President of the United States to deploy troops to the Persian Gulf; requiring the tax receiver of a county to grant to persons serving outside of the United States an extension of time for the payment of property taxes; 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 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; [or]
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975 [,] ; or
(c) Was assigned to active duty or who served on active duty outside of the United States in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
2. For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.
κ1991 Statutes of Nevada, Page 1926 (CHAPTER 587, SB 329)κ
3. The exemption may be allowed only to a claimant who files an affidavit annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
5. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 2. NRS 371.103 is hereby amended to read as follows:
371.103 1. Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:
(a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; [or]
(b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975 [,] ; or
(c) Was assigned to active duty or who served on active duty outside of the United States in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1,
and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.
κ1991 Statutes of Nevada, Page 1927 (CHAPTER 587, SB 329)κ
2. For the purpose of this section the first $1,000 determined valuation of vehicles in which such a person has any interest shall be deemed to belong to that person.
3. A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.
4. Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.
5. Before allowing any veterans exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
6. If any person files a false affidavit or produces false proof to the department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.
Sec. 3. If a property owner has served on active duty outside of the United States in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1:
1. The ex officio tax receiver of a county shall extend the due date for the payment of any property tax imposed pursuant to chapter 361 of NRS to 180 days after the date on which the property owner returns to the United States or is discharged from military service, whichever occurs first.
2. A county treasurer, a county auditor or his deputy, or a district attorney shall not enforce a lien to collect delinquent taxes imposed on his property pursuant to chapter 361 of NRS until 180 days after the date on which the property owner returns to the United States or is discharged from military service, whichever occurs first.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1928κ
Senate Bill No. 305Committee on Human Resources and Facilities
CHAPTER 588
AN ACT relating to Nevada childrens homes; increasing the amount counties are required to pay as reimbursement for the care and support of a child from the county who is committed to a Nevada childrens home; correspondingly increasing the amount parents are required to pay as reimbursement to the county for the care and support of a child committed to a Nevada childrens home; 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 423.160 is hereby amended to read as follows:
423.160 1. Upon the written, verified application of any citizen of the State of Nevada, in behalf of any whole orphan, to the district judge of any county, the district judge, sitting either in chambers or as a court, shall issue a citation to be served, respected and enforced as are other judicial writs, commanding the applicant to appear before him at a time and place to be specified, not less than 5 days thereafter, and make proof concerning the matter set forth in the application. The judge may, in his discretion, shorten the time. A notice of the hearing [shall] must be given in like manner to the nearest relation of the orphan, resident in the state. At the same time the judge shall cite the person having the control or custody of the orphan to bring him before the judge on the date of the hearing. On the written application of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the judge, be omitted.
2. The application [shall:] must:
(a) Show such orphan to be the child of parents either or both of whom, at the time of decease, were resident citizens of the State of Nevada;
(b) Show that the condition of the orphan is such that it would be for his best interests to be admitted to the northern Nevada childrens home or the southern Nevada childrens home; and
(c) Give the name and place of residence of the nearest relation of the orphan, resident in the State of Nevada.
3. On the day of the hearing the judge or court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him [.] or it. The judge or court shall examine the orphan separately and apart from all persons, but any whole orphan under the age of 10 years need not be brought before the judge or court on the day of the hearing. If the judge or court determines that it is for the best interests of such orphan and of the state that [he shall] the orphan be admitted to the privileges of the northern Nevada childrens home or the southern Nevada childrens home, he shall make an order to that effect and direct the sheriff or some other suitable person to convey, or have conveyed, the orphan to the childrens home, accompanied by a copy of the order of the court, and delivered to the superintendent.
κ1991 Statutes of Nevada, Page 1929 (CHAPTER 588, SB 305)κ
4. The county from which the orphan was admitted shall pay to the superintendent the sum of [$50] $200 monthly for the care and support of each such orphan.
5. The expenses of the proceedings provided for in this section and of the transportation of orphans to the childrens home [shall be a county charge.] is a charge against the county.
Sec. 2. NRS 423.210 is hereby amended to read as follows:
423.210 1. A child other than an orphan [shall] must be admitted to the northern Nevada childrens home or the southern Nevada childrens home when committed by the district court of the county in which such child resides as a dependent child.
2. The county from which the child was committed shall pay to the superintendent the sum of [$50] $200 monthly for the care and support of each child committed . [and] The superintendent shall deposit all money collected pursuant to this subsection in the state general fund for credit to the appropriate operating account. Except as otherwise provided in subsection 3, the order of commitment [shall] must require the parent or parents of the child to reimburse [such] the county the sum of [$50] $200 per month [; but when] for the care and support of the child.
3. If it appears to the district court that the parent or parents are unable to pay [$50] $200 per month, the order [shall] must require the payment of such lesser amount as may be found to be reasonable, or, if the parents be found unable to pay anything, [no reimbursement shall be ordered.
3.] the order must provide that no such payments are required.
4. If the parent or parents [shall] fail or refuse to comply with the order of the court, the county where the child was committed shall thereupon be entitled to recover from the parent or parents, by appropriate legal action, all [sums] money due together with interest thereon at the rate of 7 percent per annum.
[4.] 5. The board of county commissioners of the county from which the child was committed shall advise the district attorney of [such] the county of the failure of a parent or parents to make the support payments required by the court order and the district attorney shall cause appropriate legal action to be taken to collect [such] the payments, together with interest thereon at the rate of 7 percent per annum.
[5.] 6. When any parent of a child committed [under] pursuant to this section [shall fail] fails to pay the amount ordered for support or, if no support be ordered, [shall fail] fails to make any contribution for support, for a period of 1 year, that failure [shall be] is prima facie proof of abandonment of the child by the parents.
Sec. 3. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1930κ
Senate Bill No. 84Committee on Judiciary
CHAPTER 589
AN ACT relating to convicted persons; authorizing a court to require a convicted person to perform supervised work as punishment or as a condition of his probation; authorizing, under certain circumstances, the issuance of a limited gaming work permit to a convicted person upon the completion of his sentence; 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 176.087 is hereby amended to read as follows:
176.087 1. Except where the imposition of a specific criminal penalty is mandatory, a court may [offer to] order a convicted person [the option of performing] to perform supervised work for the benefit of the community:
(a) In lieu of all or a part of any fine or imprisonment which may be imposed for the commission of a misdemeanor; or
(b) As a condition of any probation granted for another offense.
2. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its [citizens.
3. The court shall not impose such work as a punishment or a condition of probation unless the convicted person agrees to perform it.
4. If the convicted person agrees to perform such work, the] residents.
3. The court may require [him] the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
[5.] 4. The following conditions apply to any such work imposed by the court:
(a) The court must fix the period of work that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of work fixed by the court must not exceed, for a:
(1) Misdemeanor, 120 hours;
(2) Gross misdemeanor, 240 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for work before the court may require him to perform work for that supervising authority. The supervising authority must be located in or be the town or city of the convicted persons residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
κ1991 Statutes of Nevada, Page 1931 (CHAPTER 589, SB 84)κ
(c) Work that a court requires [under] pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to it or to a probation officer the convicted persons performance in carrying out the punishment or condition of probation.
Sec. 2. NRS 193.150 is hereby amended to read as follows:
193.150 1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, [if the convicted person agrees, he] the convicted person may be sentenced to perform a fixed period of work for the benefit of the community [under] pursuant to the conditions prescribed in NRS 176.087.
Sec. 3. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
3. A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.
5. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant, that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.
κ1991 Statutes of Nevada, Page 1932 (CHAPTER 589, SB 84)κ
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure of a person whose application has been denied to apply for a hearing within 60 days or his failure to appear at a hearing of the board conducted pursuant to this section shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 45 days after the date of the hearing mail to the applicant its decision sustaining or reversing the denial of the work permit or the objection to the issuance of a work permit.
8. The board may object to the issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this state concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this state or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this state;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
κ1991 Statutes of Nevada, Page 1933 (CHAPTER 589, SB 84)κ
If the board issues or does not object to the issuance of a work permit to an applicant who has been convicted of a crime which is a felony or gross misdemeanor, it may specially limit the period for which the permit is valid, limit the job classifications for which the holder of the permit may be employed and establish such individual conditions for the issuance, renewal and effectiveness of the permit as the board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances.
9. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
10. Except as otherwise provided in this subsection, all records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the welfare division of the department of human resources pursuant to NRS 425.400 for information relating to a specific person who has applied for or holds a work permit, the board shall disclose to the division his social security number, residential address and current employer as that information is listed in the files and records of the board. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
11. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for more than 90 days.
12. The chairman of the board may designate a member of the board or the board may appoint a hearing examiner and authorize such person to perform on behalf of the board any of the following functions required of the board by this section concerning work permits:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the board based upon the testimony and evidence or rendering a decision on behalf of the board to sustain or reverse the denial of a work permit or the objection to the issuance or renewal of a work permit; and
(d) Notifying the applicant of the decision.
13. Notice by the board as provided pursuant to this section is sufficient if it is mailed to the applicants last known address as indicated on the application for a work permit, or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed.
κ1991 Statutes of Nevada, Page 1934 (CHAPTER 589, SB 84)κ
date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
Sec. 4. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 823Committee on Judiciary
CHAPTER 590
AN ACT relating to statutes; making technical corrections to measures previously approved by the 66th session of the legislature; 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 1 of chapter 29, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The Nevada attorney for injured workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The Nevada attorney for injured workers shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. [The budget division of the department of administration shall administer the budget of the state industrial claimants attorney.]
Sec. 2. Section 1 of chapter 178, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 332.115 is hereby amended to read as follows:
332.115 1. Contracts which by their nature are not adapted to award by competitive bidding, including contracts for:
(a) Items which may only be contracted from a sole source;
(b) Professional services;
(c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;
(d) Equipment which, by reason of the training of the personnel or of any inventory of replacement parts maintained by the local government is compatible with existing equipment;
(e) Purchases of perishable goods by a county or district hospital;
(f) Any insurance;
(g) Software for computers;
(h) Books, library materials and subscriptions;
κ1991 Statutes of Nevada, Page 1935 (CHAPTER 590, AB 823)κ
(i) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation; and
(j) Motor vehicle fuel for use in any vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicles assigned service area from a fueling station owned by the State of Nevada or a local government,
may not be subject to the requirements of this chapter for competitive bidding as determined by the governing body or its authorized representative.
2. The purchase of equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for competitive bidding if:
(a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; and
(b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations.
3. The governing body of any hospital required to comply with the provisions of this chapter, or its authorized representative, may purchase goods commonly used by the hospital, under a contract properly awarded pursuant to NRS 332.065, without additional competitive bidding even if at the time the contract was awarded:
(a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or
(b) The vendor was identified as a supplier but was not identified as the supplier of such goods.
The governing body of the hospital shall make available for public inspection each such contract and any records related to those purchases.
4. Except in cases of emergency, at least 60 days before the expiration of any existing contract for insurance in which the local government is the insured, the governing body shall cause to be given, by advertising or in another manner deemed adequate and desirable by the governing body, notice of the date the contract for insurance expires.
[4.] 5. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 3. Chapter 178, Statutes of Nevada 1991, is hereby amended by adding thereto a new section to read as follows:
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1991.
Sec. 4. Section 7 of chapter 322, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 7. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The [state industrial claimants] Nevada attorney for injured workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The [state industrial claimants] Nevada attorney for injured workers shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies.
κ1991 Statutes of Nevada, Page 1936 (CHAPTER 590, AB 823)κ
of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial claimants attorney.
Sec. 5. Section 5 of chapter 335, Statutes of Nevada 1991, is hereby amended to read as follows:
Sec. 5. NRS 459.405 is hereby amended to read as follows:
459.405 As used in NRS 459.400 to 459.600, inclusive, [and] section 1 of [this act,] chapter 327, Statutes of Nevada 1991, and sections 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.410 to 459.455, inclusive, and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 6. Section 9 of Senate Bill No. 609 of this session is hereby amended to read as follows:
Sec. 9. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that the child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the courts attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.
κ1991 Statutes of Nevada, Page 1937 (CHAPTER 590, AB 823)κ
third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state. If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.
Sec. 7. Section 10 of Senate Bill No. 609 of this session is hereby amended to read as follows:
Sec. 10. 1. Sections 1 [and 4] , 4 and 9 of this act become effective at 12:01 a.m. on October 1, 1991.
2. Section 5 of this act becomes effective at 12:02 a.m. on October 1, 1991.
Sec. 8. The title of chapter 335, Statutes of Nevada 1991, is hereby amended to read as follows:
AN ACT relating to environmental hazards; prohibiting certain acts that would cause a pollutant to be carried into the waters of the state; providing for the regulation of hazardous substances in certain counties; and providing other matters properly relating thereto.
Sec. 9. Section 6 of chapter 165, Statutes of Nevada 1991, sections 32, 33 and 34 of chapter 228, Statutes of Nevada 1991, and sections 3, 5, 6 and 6.5 of Assembly Bill No. 475 of this session are hereby repealed.
Sec. 10. This act becomes effective upon passage and approval.
________
Senate Bill No. 58Committee on Human Resources and Facilities
CHAPTER 591
AN ACT relating to costs of health care; authorizing a hospital to appeal a countys determination regarding the indigent status of an inpatient to the director of the department of human resources; 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:
Sections 1-3. (Deleted by amendment.)
Sec. 4. 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;
κ1991 Statutes of Nevada, Page 1938 (CHAPTER 591, SB 58)κ
(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 the director or a person designated by the director to hear such an appeal. The decision of the director or the person he designates must be mailed by registered or certified mail to the county and the hospital. The decision of the director or the person he designates may be appealed to a court having general jurisdiction in the county [.] within 15 days after the date of the postmark on the envelope in which the decision was mailed.
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 is the county of residence of that person before he was admitted to the hospital.
Sec. 5. NRS 439B.340 is hereby amended to read as follows:
439B.340 1. Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the division a report showing:
(a) The total number of inpatients treated by each such hospital who are claimed by the hospital to be indigent;
(b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;
(c) The total amount paid to each such hospital for treatment of such patients; and
(d) The amount the hospital would have received for patients for whom no reimbursement was provided.
2. The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:
(a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the administrator shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the administrator shall determine the number based upon the report submitted pursuant to subsection 1 of this section.
κ1991 Statutes of Nevada, Page 1939 (CHAPTER 591, SB 58)κ
administrator shall determine the number based upon the report submitted pursuant to subsection 1 of this section.
(b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.
(c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.
If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. [Upon receiving satisfactory proof from a hospital that] If a decision of a county regarding the indigent status of one or more inpatients is pending appeal before the director or upon receiving satisfactory proof from a hospital that the decision is pending appeal before a court having general jurisdiction in the county pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until [the court hearing the appeal renders its decision.] a final determination of the matter is made.
3. If the administrator determines that a hospital has met its obligation to provide treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the administrator. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.
4. The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:
(a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and
(b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.
5. Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.
κ1991 Statutes of Nevada, Page 1940 (CHAPTER 591, SB 58)κ
Sec. 6. Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 684Committee on Government Affairs
CHAPTER 592
AN ACT relating to local governmental finances; authorizing counties to impose an excise tax on the use of water by customers of suppliers that may receive water treatment services provided by a facility financed with proceeds of the tax; authorizing counties and public utilities to enter into agreements for the use of the water treatment services or the operation and maintenance of those facilities; 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 244 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in section 3 of this act:
1. A board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.
2. An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.
3. The ordinance imposing the tax must provide the:
(a) Rate or rates of the tax;
(b) Procedure for collection of the tax;
(c) Duration of the tax; and
(d) Rate of interest that will be charged on late payments.
4. Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid. The county shall enforce the lien in the same manner as provided in NRS 361.565 to 361.730, inclusive, for property taxes.
5. A county may:
(a) Acquire and construct a new facility for the treatment of water for public or private use, or both.
κ1991 Statutes of Nevada, Page 1941 (CHAPTER 592, AB 684)κ
(b) Finance the project by the issuance of general obligation or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment purchase financing pursuant to NRS 350.800.
(c) Enter into an agreement with a public utility which provides that:
(1) Water treatment services provided by the facility will be made available to the public utility; or
(2) The public utility will operate and maintain the facility,
or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.
6. A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
7. As used in this section, public utility has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.030.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. 1. A county shall not impose the tax authorized by section 1 of this act on the use of water by customers of a supplier of water that is a public utility, or make changes to the ordinance imposing such a tax, without the prior approval of the commission.
2. The commission shall review an application made by a county for the approval required by subsection 1 in the same manner and to the same extent as it would review an application by a public utility for increased rates based upon construction by the public utility of the same facility.
3. The commission shall not approve the imposition of the tax or changes to the ordinance imposing the tax authorized by section 1 of this act unless, after an investigation and a hearing, it determines:
(a) The basis for the need of the facility;
(b) The nature of the probable effect on the environment;
(c) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives and other pertinent considerations;
(d) That the location of the facility as proposed conforms to applicable state and local laws and any regulations issued pursuant thereto;
(e) That the facility will serve the public interest;
(f) That the tax which the county proposes to impose is just and reasonable and consistent with the policies of the commission applicable to rates and rate design for public utilities;
(g) That the aggregate amount generated by the tax will be sufficient to provide for the payment of the obligations issued by the county to acquire and construct the new facility;
(h) That the water treatment services of the new facility will be available for use by the public utility for as long as the public utility holds a certificate of public convenience and necessity to provide service as a water utility within the boundaries of the county on terms and conditions which are reasonable and just to the utility and its customers;
κ1991 Statutes of Nevada, Page 1942 (CHAPTER 592, AB 684)κ
the boundaries of the county on terms and conditions which are reasonable and just to the utility and its customers;
(i) That the construction of the facility is consistent with a resource plan approved by the commission and the facility can be integrated into existing water systems;
(j) That the financing of the facility pursuant to this section is economically more advantageous to the customers of the public utility who will pay the tax than any alternative means of financing a new facility by the public utility; and
(k) That the construction of the facility and the imposition of the tax is otherwise in the public interest.
4. The commission shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 4. 1. A public utility must not be required to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to section 1 of this act without the consent of the public utility and the commission.
2. A public utility that supplies water within the boundaries of a county may enter into an agreement with that county to use the water treatment services provided by a facility acquired and constructed or to be acquired and constructed by the county pursuant to section 1 of this act. The term of the agreement may be for more than 1 fiscal year. Any such agreement must be approved by the commission before it becomes effective.
3. The commission shall not approve an agreement executed pursuant to this section unless it determines that:
(a) The agreement provides that the water treatment services of the facility will be available for use by the public utility for as long as the public utility holds a certificate of public convenience and necessity to provide service as a water utility within the boundaries of the county;
(b) The basis for payment of the expenses of operating and maintaining the facility provided in the agreement is reasonable and just; and
(c) The agreement will serve the public interest.
Sec. 5. 1. A public utility may enter into an agreement with a county to operate and maintain a facility acquired and constructed or to be acquired and constructed by a county pursuant to section 1 of this act. The term of the agreement may be for more than 1 fiscal year. Any such agreement must be approved by the commission before it becomes effective.
2. The commission shall not approve an agreement executed pursuant to this section unless it determines that:
(a) The payments to be made under the agreement to the utility for operation and maintenance of the facility are reasonable and just; and
(b) The agreement is in the public interest.
Sec. 6. 1. A county shall not require a public utility whose customers pay a tax imposed pursuant to section 1 of this act to bill and collect the tax except pursuant to an agreement entered into pursuant to subsection 2. At the request of a county, a public utility shall provide such information as is reasonably necessary for the county to bill for and collect any tax imposed upon the customers of the public utility pursuant to section 1 of this act.
κ1991 Statutes of Nevada, Page 1943 (CHAPTER 592, AB 684)κ
2. A public utility whose customers pay a tax imposed pursuant to section 1 of this act may enter into an agreement with the county with respect to billing for and collecting the tax. The agreement may provide for collection remedies which may include the collection remedies available to the public utility.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 611Committee on Commerce
CHAPTER 593
AN ACT relating to insurance; denying the right of an insurer to subrogation against an underinsured motorist while confirming the right to subrogation against an uninsured motorist; 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 687B.145 is hereby amended to read as follows:
687B.145 1. Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.
2. Insurance companies transacting motor vehicle insurance in this state must offer, on a form approved by the commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of his own coverage any amount of damages for bodily injury from his insurer which he is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator.
κ1991 Statutes of Nevada, Page 1944 (CHAPTER 593, AB 611)κ
3. An insurance company transacting motor vehicle insurance in this state must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from an accident. The offer must be made on a form approved by the commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.
4. [An insurer shall not, as a condition of settlement of a claim against its insured, require a claimants insurer to waive the right to be subrogated to the rights of the claimant in an action against the insured for damages.] An insurer who makes a payment to an injured person on account of underinsured vehicle coverage as described in subsection 2 is not entitled to subrogation against the underinsured motorist who is liable for damages to the injured payee. This subsection does not affect the right or remedy of an insurer under subsection 5 of NRS 690B.020 with respect to uninsured vehicle coverage. As used in this subsection, damages means the amount [that the insured] for which the underinsured motorist is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the [insureds] underinsured motorists policy of casualty insurance.
5. As used in this section passenger car has the meaning ascribed to it in NRS 482.087.
________
Assembly Bill No. 592Committee on Natural Resources, Agriculture and Mining
CHAPTER 594
AN ACT relating to mining reclamation; redefining a small mining operation; 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 519A.120 is hereby amended to read as follows:
519A.120 Small mining operation means a person who [does not remove from the earth in any calendar year material in excess of 36,500 tons and who] disturbs less than 5 acres of land in any calendar year. To determine the area of the surface disturbed, all land disturbed and left unreclaimed by an operator within a l-mile radius of the center of the project must be considered.
Sec. 2. This act becomes effective on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 1945κ
Assembly Bill No. 531Committee on Taxation
CHAPTER 595
AN ACT relating to property tax; exempting from taxation certain real property and tangible personal property used for housing and related facilities by persons with low incomes; and providing other matters properly relating thereto.
[Approved July 3, 1991]
whereas, Subsection 8 of section 1 of article 10 of the Nevada constitution authorizes the legislature to exempt by law from taxation property used for charitable purposes; and
whereas, The legislature finds and declares that exempting low-income housing from taxation to enhance the affordability of shelter to economically disadvantaged persons constitutes a charitable purpose because it assists those persons in establishing themselves with lifes necessities, thereby lessening the burden of government; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Real property and tangible personal property used for housing and related facilities for persons with low incomes are exempt from taxation if the property is part of a qualified low-income housing project that is funded in part by federal money appropriated pursuant to 42 U.S.C. §§ 12701 et seq.
2. The portion of a qualified low-income housing project that is entitled to the property tax exemption must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied or used exclusively by persons with low incomes.
3. As used in this section, the terms low-income unit and qualified low-income housing project have the meanings ascribed to them in 26 U.S.C. § 42, as it existed on July 1, 1991.
Sec. 2. NRS 361.160 is hereby amended to read as follows:
361.160 1. Personal property in transit through this state is personal property:
(a) Which is moving in interstate commerce through or over the territory of the State of Nevada; or
(b) Which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward.
Such property is deemed to have acquired no situs in Nevada for purposes of taxation. Such property [shall not be] is not deprived of exemption because while in the warehouse the property is assembled, bound, joined, manufactured, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged, or because the property is being held for resale to customers outside the State of Nevada. The exemption granted shall be liberally construed to effect the purposes of NRS 361.160 to 361.185, inclusive.
κ1991 Statutes of Nevada, Page 1946 (CHAPTER 595, AB 531)κ
strued to effect the purposes of NRS 361.160 to 361.185, inclusive.
2. Personal property within this state as mentioned in NRS 361.030 and [NRS] 361.045 to 361.155, inclusive, [shall] and section 1 of this act, does not include personal property in transit through this state as defined in this section.
Sec. 3. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 529Committee on Labor and Management
CHAPTER 596
AN ACT relating to industrial insurance; increasing the monthly compensation of certain persons who are receiving or are entitled to receive industrial insurance benefits; 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 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each person who is receiving or is entitled to receive compensation for a permanent total disability pursuant to NRS 616.580 or a death benefit pursuant to NRS 616.615 for an industrial injury or occupational disease which occurred before July 1, 1975, is entitled to receive compensation of not less than $400 each month.
2. A self-insured employer shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer.
3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.
4. The administrator shall adopt regulations to carry out the provisions of this section.
________
κ1991 Statutes of Nevada, Page 1947κ
Assembly Bill No. 500Committee on Commerce
CHAPTER 597
AN ACT relating to health care; providing for the inspection and copying of certain records regarding ambulance service; clarifying the charges a provider of health care may charge for copying health care records; making various changes relating to pharmacies, prescriptions and persons authorized to administer or dispense drugs; 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 629.061 is hereby amended to read as follows:
629.061 1. Each provider of health care shall make the health care records of a patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient;
(b) An investigator for the attorney general or a grand jury investigating an alleged violation of sections 11 to 14, inclusive, of [this act;] Assembly Bill No. 495 of this session; or
(c) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to each person described in paragraphs (a) and (c) of this subsection who requests it and pays the actual cost of postage, if any, the costs of making the copy, not to exceed 60 cents per page for photocopies and a reasonable cost for copies of X-ray photographs and other health and care records produced by similar processes. No administrative fee or additional service fee of any kind may be charged for furnishing such a copy.
2. Each person who owns or operates an ambulance in this state shall make his records regarding a sick or injured patient available for physical inspection by:
(a) The patient or a representative with written authorization from the patient; or
(b) Any authorized representative or investigator of a state licensing board during the course of any investigation authorized by law.
The records must be made available at a place within the depository convenient for physical inspection, and inspection must be permitted at all reasonable office hours and for a reasonable length of time. The person who owns or operates an ambulance shall also furnish a copy of the records to each person described in paragraphs (a) and (b) of this subsection who requests it and pays the actual cost of postage, if any, and the costs of making the copy, not to exceed 60 cents per page for photocopies. No administrative fee or additional service fee of any kind may be charged for furnishing a copy of the records.
κ1991 Statutes of Nevada, Page 1948 (CHAPTER 597, AB 500)κ
3. Records made available to a representative or investigator must not be used at any public hearing unless:
(a) The patient named in the records has consented in writing to their use; or
(b) Appropriate procedures are utilized to protect the identity of the patient from public disclosure.
This subsection does not prohibit a state licensing board from providing to a provider of health care or owner or operator of an ambulance against whom a complaint or written allegation has been filed, or to his attorney, information on the identity of a patient whose records may be used in a public hearing relating to the complaint or allegation, but the provider of health care or owner or operator of an ambulance and his attorney shall keep the information confidential.
[3.] 4. A provider of health care [,] or owner or operator of an ambulance, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
Sec. 1.5. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. The board may adopt regulations concerning:
1. The transfer of information between pharmacies relating to prescriptions.
2. The electronic transmission of a prescription from a practitioner to a pharmacist for the dispensing of a drug.
Sec. 4. The surrender, revocation or a suspension that has not been stayed of any certificate, license or registration of a practitioner, as defined in NRS 639.0125, 453.126 or 454.00958, by a licensing board or the Drug Enforcement Administration operates as an immediate suspension of a certificate, license, registration or permit issued by the board pursuant to this chapter or chapter 453 or 454 of NRS to possess, administer, prescribe or dispense drugs.
Secs. 5 and 6. (Deleted by amendment.)
Sec. 7. NRS 639.013 is hereby amended to read as follows:
639.013 1. Prescription means:
(a) An order given individually for the person for whom prescribed, directly from the practitioner to a pharmacist or indirectly by means of an order signed by the practitioner [.] or by an electronic transmission from the practitioner to a pharmacist.
(b) A chart order written for an inpatient specifying drugs which he is to take home upon discharge.
2. The term does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 8. NRS 639.137 is hereby amended to read as follows:
639.137 1. Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of subsection 4 of NRS 639.120 to become eligible for registration as a pharmacist, [must] shall register with the board as an intern pharmacist. An applicant, to be eligible for registration as an intern pharmacist, must have completed a minimum of 1 year in college of pharmacy or a department of pharmacy of a university approved by the board [.
κ1991 Statutes of Nevada, Page 1949 (CHAPTER 597, AB 500)κ
minimum of 1 year in college of pharmacy or a department of pharmacy of a university approved by the board [. Application shall] or be a graduate of a foreign school and pass an examination for foreign graduates approved by the board. The application must be made on a form furnished by the board.
2. The secretary of the board, upon approval of the application, shall issue a letter certifying the applicant as eligible to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. [Such certification shall be] The certification is valid for not more than 4 years from the date of issue and [shall permit] authorizes the holder [thereof] to perform the duties set forth in NRS 639.125 [, but only when] if acting under the direct and immediate supervision of [the] a registered pharmacist . [or pharmacists whose name or names appear thereon, and who shall have previously indicated] The name of the pharmacist must appear on the certificate. The pharmacist shall indicate on the application for [such] certification a willingness to accept the responsibility for training and for all work performed by the applicant for registration as an intern pharmacist.
3. The certification [shall] must be posted as required by NRS 639.150.
4. Any certification issued [under] pursuant to the provisions of this section may be suspended, terminated or revoked by the board [, for any] for:
(a) Any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit [, or for] ; or
(b) The failure of the registered pharmacist [or pharmacists] whose name [or names appear] appears on the certification to provide adequate training and supervision for the intern pharmacist in compliance with regulations adopted by the board.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 639.150 is hereby amended to read as follows:
639.150 1. The holder of a certificate of registration or a certification as an intern pharmacist, a license or a permit granted [under] pursuant to the provisions of this chapter shall display [such] the certificate, license or permit, [together with] and the current renewal receipt thereof, in the pharmacy conducted by him or in which he is employed in a place where it may be clearly read by the public.
2. A registered pharmacist who is employed or who practices in more than one pharmacy shall post his original certificate of registration [,] and the current renewal receipt [thereof,] in the pharmacy in which he is primarily employed, in compliance with the provisions of subsection 1, and shall [, in addition thereto,] post an 8-inch by 10-inch photocopy of his certificate of registration and the current renewal receipt [thereof] in every other pharmacy in which he practices on either a part-time or temporary basis.
3. An institutional pharmacy that serves a majority of inpatients shall display certificates, licenses and permits in accordance with regulations adopted by the board.
Sec. 11. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist must be issued to each person who the board determines is qualified [under] pursuant to the provisions of NRS 639.120, 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.
κ1991 Statutes of Nevada, Page 1950 (CHAPTER 597, AB 500)κ
2. Each person to whom [this] a certificate has been issued may, if his certificate has not been revoked, renew his certificate biennially upon making application and paying the renewal fee and complying with the requirement of continuing professional education if applicable.
3. The application for the renewal of [this] the certificate, together with the fee for renewal must be delivered to the secretary of the board on or before the [first Monday in September next preceding the] expiration date of any existing valid certificate or receipt.
4. If a certificate is renewed, it must be [dated as of November 1, and] delivered to the applicant [on or before that date.] within a reasonable time after receipt of the renewal application and fee.
5. The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.
6. The board may prorate the required fee for periods of partial biennial registration.
Sec. 12. NRS 639.190 is hereby amended to read as follows:
639.190 1. [Within 30 days after the renewal date, the secretary of the board shall notify the holders of all certificates of registration who have failed to pay their renewal fee that failure to pay the renewal fee and the penalty thereon within 60 days will result in forfeiture of their respective certificates of registration.
2. If any holder of a certificate of registration fails to pay the renewal fee and penalty within 60 days, after having been notified by the secretary of the board, his certificate of registration is automatically forfeited to the board.
3.] If an application for renewal and the required fee is not postmarked on or before the expiration date of the certificate, the registration is automatically forfeited.
2. If the certificate of any person is forfeited as provided in this section, the board may, [nevertheless,] within 5 years thereafter, issue him a certificate of registration, if the board determines that he:
(a) Has not committed any act listed in NRS 639.210 other than the failure to renew his permit by not submitting the application for renewal or the renewal fee; and
(b) Is capable and qualified by education or experience, or both, [adequately] to practice the profession of pharmacy in this state.
Sec. 13. (Deleted by amendment.)
Sec. 14. NRS 639.230 is hereby amended to read as follows:
639.230 1. A pharmacy or a person operating as a pharmacy shall not [operate as such or] use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license from the board.
2. Each license must be issued to a specific person and for a specific location and is not transferable. The original license must show the name of the owner and the name of the managing pharmacist and be displayed on the licensed premises as provided in NRS 639.150. If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners or corporate officers must be immediately reported to the board.
κ1991 Statutes of Nevada, Page 1951 (CHAPTER 597, AB 500)κ
board. The original license [together with] and the fee required for reissuance of a license must be submitted to the board before the reissuance of the license.
3. Every person holding a license to operate a pharmacy shall:
(a) Satisfy the board that the pharmacy is conducted according to law.
(b) [Biennially, on or before May 2 of the year in which the license or renewal expires, pay] Submit to the secretary of the board the [biennial fee.] application for renewal of the license and the renewal fee on or before the expiration date of the license.
4. Upon receipt of the [biennial] renewal fee , the secretary of the board shall register the pharmacy and [shall] furnish the manager or proprietor with a receipt valid [for 2 years from July 1 next succeeding such payment.
5. Failure to pay the fee for biennial renewal before July 1 subjects the licensee to the penalty fixed by the board for failure to renew. Failure to pay the fee and penalty thereon within 30 days after the delinquent date results in automatic forfeiture of the license.] through June 30 of the next even-numbered year.
5. If the application for renewal and the renewal fee are not postmarked on or before the expiration date of the license, the registration is automatically forfeited.
6. Any violation of any of the provisions of this chapter by a managing pharmacist or by personnel of the pharmacy under the supervision of the managing pharmacist is cause for the suspension or revocation of the license of the pharmacy by the board.
Sec. 15. NRS 639.2324 is hereby amended to read as follows:
639.2324 1. The operation of an institutional pharmacy must meet the following requirements:
[1. In hospitals]
(a) In a hospital with 100 or more beds, the pharmacy must be under the continuous supervision of a pharmacist during the time it is open for pharmaceutical services.
[2. In institutions]
(b) In a hospital with less than 100 beds, the services of a pharmacist may be on less than a full-time basis, depending upon the needs of the institution, and pursuant to the regulations and recommendations of the state board of pharmacy and the [persons] person charged with the administration and control of the institution.
[3.] (c) In the absence of a pharmacist from the [institution,] pharmacy, a nurse or practitioner designated by the pharmacist may obtain from the pharmacy such necessary quantities of drugs to administer to a patient until the pharmacy reopens as are ordered by a medical practitioner and needed by a patient in an emergency.
[4.] 2. The pharmacists in charge of the institutional pharmacy shall initiate procedures to provide for administration and technical guidance in all matters pertaining to the acquiring, stocking, recordkeeping and dispensing of drugs and devices.
Sec. 16. NRS 639.2345 is hereby amended to read as follows:
639.2345 1. Any person who engages in the sale of veterinary prescription or nonprescription drugs must obtain a permit from the board. The board shall adopt regulations specifying the fee [, refrigeration, drug storage requirements] for the permit, requirements for the refrigeration and storage of drugs and other matters relating to the permit.
κ1991 Statutes of Nevada, Page 1952 (CHAPTER 597, AB 500)κ
shall adopt regulations specifying the fee [, refrigeration, drug storage requirements] for the permit, requirements for the refrigeration and storage of drugs and other matters relating to the permit.
2. The provisions of subsection 1 do not apply to a registered pharmacist or any person licensed to practice veterinary medicine in this state.
Sec. 17. NRS 639.23505 is hereby amended to read as follows:
639.23505 1. A practitioner shall not dispense for human consumption any controlled substance or dangerous drug if he charges a patient for that substance or drug, either separately or together with charges for other professional services:
(a) Unless he first applies for and obtains [authorization] a certificate from the board and pays the required fee; and
(b) [Without] Issues a written prescription.
2. Each person to whom [authorization] a certificate is given pursuant to subsection 1 may, if his authorization has not been revoked, renew his authorization biennially upon making application to the board and paying the required renewal fee. The application for renewal and fee must be submitted on or before the expiration date of the certificate.
Sec. 18. NRS 639.2351 is hereby amended to read as follows:
639.2351 1. An advanced practitioner of nursing may prescribe, in accordance with NRS 454.695, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. [The board may set a single fee for the collective certification of advanced practitioners of nursing in the employ of a public or nonprofit agency and a different fee for the individual certification of other advanced practitioners of nursing.]
2. The state board of pharmacy shall consider each application from an advanced practitioner of nursing separately, and may:
(a) Issue a certificate of registration; or
(b) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
Sec. 19. NRS 639.2485 is hereby amended to read as follows:
639.2485 1. Any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:
[1.] (a) Disciplinary action is imposed by the board as a result of the investigation; or
[2.] (b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.
2. The board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.
κ1991 Statutes of Nevada, Page 1953 (CHAPTER 597, AB 500)κ
Sec. 20. NRS 639.2587 is hereby amended to read as follows:
639.2587 [When] If a generic drug is substituted for a drug prescribed by brand name, the pharmacist or practitioner [shall note] :
1. Shall note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription [.] ; and
2. May indicate the substitution on the label by use of the words substituted for following the generic name and preceding the brand name of the drug.
Sec. 21. NRS 639.2801 is hereby amended to read as follows:
639.2801 Unless specified to the contrary in writing on the prescription by the prescribing practitioner, all prescriptions filled by any practitioner must be dispensed in a container to which is affixed a label or other device which clearly shows:
1. The date . [;]
2. The name, address and prescription serial number of the practitioner who filled the prescription . [;]
3. The names of the prescribing practitioner and of the person for whom prescribed . [;]
4. The number of dosage units . [;]
5. Specific directions for use given by the prescribing practitioner . [;]
6. The expiration date of the effectiveness of the drug or medicine dispensed, if that information is required on the original label of the manufacturer of that drug or medicine . [;] If the expiration date specified by the manufacturer is not less than 1 year from the date of dispensing, the practitioner may use 1 year from the date of dispensing as the expiration date.
7. The proprietary or generic name of the drug or medicine as written by the prescribing practitioner . [; and]
8. The strength of the drug or medicine . [, and contains]
The label must contain the warning:
Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescribing practitioner.
Secs. 22 and 23. (Deleted by amendment.)
Sec. 24. NRS 453.026 is hereby amended to read as follows:
453.026 Agent means a pharmacist, licensed practical nurse or registered nurse who cares for a patient of a prescribing practitioner in a medical facility or an authorized person who acts on behalf of or at the direction of and is employed by a manufacturer, distributor, dispenser or prescribing practitioner. [It] The term does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 453.128 is hereby amended to read as follows:
453.128 1. Prescription means:
(a) An order given individually for the person for whom prescribed, directly from a physician, dentist, podiatrist or veterinarian, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner [.] or an electronic transmission from the practitioner to a pharmacist.
κ1991 Statutes of Nevada, Page 1954 (CHAPTER 597, AB 500)κ
(b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. Prescription does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 27. NRS 453.141 is hereby amended to read as follows:
453.141 Ultimate user means a person who lawfully possesses a controlled substance for his own use, the use of a member of his household or the use of any person for whom he is caring, or for administering to any animal owned by him or by a member of his household. The term does not include an employee of a licensed health facility who is not statutorily authorized to administer drugs.
Secs. 28-30. (Deleted by amendment.)
Sec. 31. 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) A physicians assistant at the direction of his supervising physician.
2. Without being registered with the board:
(a) 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) From an original container which has been furnished as floor or ward stock;
(2) From a container dispensed by a registered pharmacist pursuant to a prescription or furnished pursuant to a chart order; or
(3) Furnished by a practitioner.
(b) 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) An advanced emergency medical technician , as authorized by regulation of the state board of health [.] and in accordance with any applicable regulations of the state board of health or a district board of health created pursuant to NRS 439.370.
(d) A respiratory therapist, at the direction of a physician.
(e) 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) In the presence of a physician or a registered nurse; or
(2) 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) A medical intern in the course of his internship.
(g) An ultimate user as defined in this chapter.
κ1991 Statutes of Nevada, Page 1955 (CHAPTER 597, AB 500)κ
3. 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. 32. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient. [Each prescription for a controlled substance listed in schedule II must be written entirely by the practitioner who issues it.]
2. A prescription for a controlled substance must contain:
(a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration [;] if it is not immediately available to the pharmacist;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. A prescription for a controlled substance listed in:
(a) Schedule III, IV or V must be signed by the practitioner as provided by regulation of the board and may be preprinted or written by an agent of the practitioner.
(b) Schedule II must be written and signed entirely by hand by the practitioner who issued it. The name of the practitioner, his address, the classification of his license and his registration number for the Drug Enforcement Administration may be preprinted on the prescription form.
4. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Secs. 33-35. (Deleted by amendment.)
Sec. 36. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:
Public health program means a program of the government which is:
1. Administered by the officers and agents of:
(a) The health division of the department of human resources; or
(b) The local boards of health; and
2. Created to serve the health needs of an entire political subdivision by reducing the incidence and prevalence of a disease, subset of disease or a medical event.
Sec. 37. NRS 454.001 is hereby amended to read as follows:
454.001 As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, [and] section 14 of [this act,] Assembly Bill No. 550 of this session and section 36 of this act have the meanings ascribed to them in those sections, unless a different meaning clearly appears in the context.
κ1991 Statutes of Nevada, Page 1956 (CHAPTER 597, AB 500)κ
to them in those sections, unless a different meaning clearly appears in the context.
Sec. 38. (Deleted by amendment.)
Sec. 39. NRS 454.00961 is hereby amended to read as follows:
454.00961 1. Prescription means:
(a) An order given individually for the person for whom prescribed, directly from the practitioner, or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner [.] or an electronic transmission from the practitioner to a pharmacist.
(b) A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
2. Prescription does not include a chart order written for an inpatient for use while he is an inpatient.
Sec. 40. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a chart order or prescription; or
(c) Furnished by a practitioner.
3. A registered nurse licensed to practice professional nursing or a licensed practical nurse, in a pharmacy in a correctional institution, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
5. An intermediate emergency medical technician or an advanced emergency medical technician , as authorized by regulation of the state board of pharmacy [.] and in accordance with any applicable regulations of the state board of health or a district board of health created pursuant to NRS 439.370.
6. A respiratory therapist [,] employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.
7. A [hemodialysis] dialysis technician, at the direction of a physician or registered nurse [.] and in accordance with any conditions established by regulation of the board.
8. 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:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug 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.
κ1991 Statutes of Nevada, Page 1957 (CHAPTER 597, AB 500)κ
circumstances are such that the registered nurse would be authorized to administer it personally.
9. A medical intern in the course of internship.
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.
11. An ultimate user.
12. A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.
13. A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.
Secs. 41 and 42. (Deleted by amendment.)
Sec. 43. NRS 454.241 is hereby amended to read as follows:
454.241 A prescription which bears specific authorization to refill, given by the practitioner at the time he issued the original prescription, may be refilled in [the pharmacy in which it was originally filled,] any pharmacy for the number of times authorized or over the period of time authorized, but only in keeping with the number of doses ordered and the directions for use; but in no case may the prescription be refilled after 1 year has elapsed from the date it was originally filled. If additional medication is needed thereafter, the original prescription must be voided and a new prescription obtained.
Sec. 44. NRS 454.279 is hereby amended to read as follows:
454.279 1. A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy.
2. A [hospital pharmacy or a pharmacy designated for this purpose by a district health officer] pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs may sell [the] to:
(a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210 , in accordance with any applicable regulations adopted by the state board of health or a district board of health created pursuant to NRS 439.370;
(b) A nonprofit search and rescue organization that regularly provides emergency care to injured and sick persons, including an organization that patrols ski areas; and
(c) A governmental agency, or a person authorized by contract to act on behalf of such an agency, that regularly provides emergency care to injured and sick persons,
supplies of dangerous drugs to stock [his] their ambulances or other authorized vehicles or places of storage, or to replenish the stock , if [the] an intermediate emergency medical technician [, the] or advanced emergency medical technician who is appropriately certified by the health division of the department of human resources or a health district created pursuant to NRS 439.370, or [the] a registered nurse who is licensed by the state board of nursing, is in charge of the dangerous drugs . [is, respectively, appropriately certified by the health division or licensed by the state board of nursing.]
3. A pharmacy [or hospital pharmacy that] , institutional pharmacy or other person licensed by the board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:
κ1991 Statutes of Nevada, Page 1958 (CHAPTER 597, AB 500)κ
supplies pursuant to this section shall maintain a record of each sale which must contain:
(a) The date of the sale;
(b) The name, address and signature of the purchaser or the person receiving the delivery;
(c) The name of the dispensing pharmacist;
(d) The name and address of the authorizing practitioner; and
(e) The name, strength and quantity of each drug sold.
4. A pharmacy [or hospital pharmacy that] , institutional pharmacy or other person licensed by the board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with the applicable regulations adopted by the state board of health pursuant to NRS 450B.120.
5. The state board of pharmacy shall adopt additional regulations, consistent with the provisions of this chapter, regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 45. NRS 454.316 is hereby amended to read as follows:
454.316 1. Except as otherwise provided in this section, every person who possesses [any drug defined in NRS 454.201,] a dangerous drug, except that furnished to him by a pharmacist pursuant to a legal prescription or a practitioner, is guilty of a gross misdemeanor. If the person has been twice previously convicted of any offense:
(a) Described in this section; or
(b) [Under] Pursuant to any other law of the United States or this or any other state or district which if committed in this state would have been punishable as an offense under this section,
he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
2. No prescription is required for possession of [those drugs by pharmacists, practitioners, physicians assistants if authorized by the board, hospitals, intermediate emergency medical technicians, advanced emergency medical technicians, public health nurses, advanced practitioners of nursing who hold certificates from the state board of nursing and certificates from the state board of pharmacy permitting them to dispense dangerous drugs, registered nurses responsible for patients in air and ground ambulances,] a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this state to handle, possess and deal in [those drugs when they] dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses [such dangerous drugs] a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his own premises.
3. No prescription is required for an optometrist certified [under] pursuant to NRS 636.382 to possess drugs which he is authorized to use [under] pursuant to chapter 636 of NRS.
κ1991 Statutes of Nevada, Page 1959 (CHAPTER 597, AB 500)κ
Sec. 46. Sections 1, 18, 37 and 45 of this act become effective at 12:01 a.m on October 1, 1991.
________
Assembly Bill No. 406Committee on Transportation
CHAPTER 598
AN ACT relating to taxicabs; authorizing a temporary increase in the allocation of taxicabs to certificate holders; expanding the scope of the appellate jurisdiction of the taxicab authority; requiring the taxicab authority to review annually the allocation of taxicabs; increasing various penalties; requiring certificate holders to put newly allocated taxicabs into service within a specified time; making various changes concerning standards for taxicabs and taxicab drivers; providing for the temporary suspension of a taxicab drivers permit; 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 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. 1. In determining whether circumstances require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824, the taxicab authority shall consider the interests, welfare, convenience, necessity and well-being of the customers of taxicabs.
2. Whenever circumstances require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824, the taxicab authority shall allocate the temporary increase equally among the certificate holders in the area to be affected by the allocation.
3. The taxicab authority shall determine:
(a) The number of additional taxicabs to be allocated;
(b) The hours of operation of the additional taxicabs; and
(c) The duration of the temporary allocation.
4. The taxicab authority may adopt regulations governing temporary increases in the allocation of taxicabs pursuant to this section.
Sec. 1.5. 1. When the taxicab authority has reason to believe that any provision of NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, is being violated, the taxicab authority shall investigate the alleged violation. After a hearing the taxicab authority may issue an order requiring that the certificate holder cease and desist from any action that is in violation of NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act.
2. The taxicab authority shall enforce an order issued pursuant to subsection 1 in accordance with the provisions of NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act.
Sec. 2. NRS 706.881 is hereby amended to read as follows:
706.881 1. NRS 706.8811 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, apply to any county:
(a) Whose population is 400,000 or more; or
κ1991 Statutes of Nevada, Page 1960 (CHAPTER 598, AB 406)κ
(b) For whom regulation by the taxicab authority is not required if its board of county commissioners has enacted an ordinance approving the inclusion of the county within the jurisdiction of the taxicab authority.
2. Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the taxicab authority is not required, the taxicab authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, within that county.
3. Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the public service commission of Nevada do not apply.
Sec. 3. NRS 706.8811 is hereby amended to read as follows:
706.8811 As used in NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.8812 to 706.8817, inclusive, have the meanings ascribed to them in those sections.
Sec. 4. NRS 706.8819 is hereby amended to read as follows:
706.8819 The taxicab authority shall conduct hearings and make final decisions in the following matters:
1. Applications to adjust, alter or change the rates, charges or fares for taxicab service;
2. Applications for certificates of public convenience and necessity to operate a taxicab service;
3. Applications requesting authority to transfer any existing [authority vested in any person or corporation] interest in a certificate of public convenience and necessity or in a corporation that holds a certificate of public convenience and necessity to operate a taxicab business; [and]
4. Applications to change the total number of allocated taxicabs in a county to which NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, apply [.] ; and
5. Appeals from final decisions of the administrator made pursuant to NRS 706.8822.
Sec. 5. NRS 706.8821 is hereby amended to read as follows:
706.8821 1. The administrator [shall be] is responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, and sections 1.3 and 1.5 of this act, apply and for the administration of NRS 706.881 to 706.885, inclusive [.] , and sections 1.3 and 1.5 of this act.
2. The administrator shall appoint:
(a) One accountant and [auditor if the administrator is not so qualified;] such auditors as are necessary to enable the administrator to perform his official functions properly; and
(b) Such other employees as [may be] are necessary to enable the administrator [properly] to perform his official functions [.] properly.
3. Those employees designated as:
(a) Taxicab field investigators [shall be] are peace officers.
(b) Airport control officers [shall be] are peace officers only when on duty at the airport.
4. The taxicab authority may:
κ1991 Statutes of Nevada, Page 1961 (CHAPTER 598, AB 406)κ
(a) Determine the circumstances that require a temporary increase in the number of taxicabs allocated pursuant to NRS 706.8824; and
(b) Allocate a temporary increase in the number of taxicabs pursuant to section 1.3 of this act when the circumstances require the increase.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 706.8824 is hereby amended to read as follows:
706.8824 1. In determining whether circumstances require the establishment of a system of allocations or a change in existing allocations, the taxicab authority shall consider [:
(a) The needs of residents of the area served by the certificate holders;
(b) The needs of the tourists of the area served by the certificate holders;
(c) The] the interests, welfare, convenience, necessity and well-being of the [public at large in the area served by the certificate holders; and
(d) Any other factors which the administrator considers necessary and proper.] customers of taxicabs.
2. Whenever circumstances require the establishment of a system of allocations, the taxicab authority shall allocate the number of taxicabs among the certificate holders in the county in a manner which reflects the number of taxicabs operated by each certificate holder during the 5 years immediately preceding the date of establishment of the taxicab authority in the county.
3. Whenever circumstances require an increase in the existing allocations, the taxicab authority shall allocate the additional taxicabs equally among all the certificate holders who apply from the area to be affected by the allocation.
4. Unless a certificate holder puts the additionally allocated taxicabs into service within 30 days after the effective date of the increased allocation, the increased allocation to that certificate holder is void.
5. The taxicab authority may attach to the exercise of the rights granted by the allocation any terms and conditions which in its judgment the public interest may require. The taxicab authority may limit:
(a) The geographical area from which service is offered or provided.
(b) The hours of service. Such a limitation must not reduce hours of service to less than 12 consecutive hours in a 24-hour period.
If a limitation is placed on an allocation, taxicabs must be marked in a distinctive manner that indicates the limitation.
6. The taxicab authority shall review annually:
(a) The existing allocation of taxicabs; and
(b) The rates, charges or fares of the certificate holders in its jurisdiction.
Sec. 8. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
κ1991 Statutes of Nevada, Page 1962 (CHAPTER 598, AB 406)κ
4. The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841 and 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
5. Any balance remaining in the fund does not revert to the state general fund. The administrator may use any balance over [$100,000] $200,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly and the permanently handicapped in taxicabs. If the administrator undertakes such a program, he shall accept as evidence of the permanent handicap a certificate from a physician licensed in this state which describes the character and extent of the permanent handicap.
6. The administrator may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 706.8827 is hereby amended to read as follows:
706.8827 1. A person shall not engage in the taxicab business unless he:
(a) Holds a certificate of public convenience and necessity from the public service commission of Nevada issued before July 1, 1981, which has not been transferred, revoked or suspended by the taxicab authority; or
(b) Currently holds a certificate of public convenience and necessity from the taxicab authority as provided in this section.
2. Upon the filing of an application for a certificate of public convenience and necessity, the taxicab authority shall fix a time and place for a hearing thereon. The taxicab authority shall issue the certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a taxicab motor carrier;
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought;
(d) The holders of existing certificates will not meet the needs of the territory for which the certificate is sought if the certificate is not granted; and
(e) The proposed service will benefit the public and the taxicab business in the territory to be served.
3. The applicant for a certificate has the burden of proving to the taxicab authority that the proposed operation will meet the requirements of subsection 2. The taxicab authority shall not find that the potential creation of competition in a territory which may be caused by the granting of a certificate, by itself, will unreasonably and adversely affect other carriers operating in the territory for the purposes of paragraph (c) of subsection 2.
4. The applicant must submit an application fee of $200, which must not be refunded, with his application. The applicant must also pay those amounts which are billed to him by the authority for reasonable costs incurred by it in conducting an investigation [of] or hearing regarding the applicant.
κ1991 Statutes of Nevada, Page 1963 (CHAPTER 598, AB 406)κ
5. The taxicab authority may attach to the exercise of the rights granted by the certificate any terms and conditions which in its judgment the public interest may require.
6. The taxicab authority may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice of the hearing, no protest against the granting of the certificate has been filed by or on behalf of any person.
7. Any person who has been denied a certificate of public convenience and necessity after a hearing may not file a similar application with the taxicab authority covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days from the date the certificate was denied.
Sec. 11. NRS 706.8829 is hereby amended to read as follows:
706.8829 1. A certificate holder shall maintain a uniform system of accounts in which all business transacted by the certificate holder is recorded. The accounts must be:
(a) Kept in a form prescribed by the taxicab authority;
(b) [Prior to] Before May 15 of each year, submitted to the taxicab authority in an annual report in the form and detail prescribed by the taxicab authority;
(c) Retained for a period of 3 years after their receipt back from the taxicab authority; and
(d) Supplemented with such additional information as the taxicab authority may require.
2. The taxicab authority may examine the books, accounts, records, minutes and papers of a certificate holder at any reasonable time to determine their correctness and whether they are maintained in accordance with the regulations adopted by the taxicab authority.
3. If a certificate holder fails to comply with any provision of this section in a timely manner, the administrator, after hearing, may impose a fine of not more than $1,000, commence proceedings to suspend or revoke the certificate of public convenience and necessity of the certificate holder, or both impose a fine and commence such proceedings.
Sec. 12. NRS 706.8833 is hereby amended to read as follows:
706.8833 1. The color scheme, insigne and [cruising light] design of the cruising lights of each taxicab [shall] must conform to those approved for the certificate holder by the administrator pursuant to regulations of the taxicab authority.
2. The administrator [, before he approves] shall approve or disapprove the color scheme, insigne [or cruising light] and design of the cruising lights of the taxicabs of a certificate holder in any county, and shall ensure that the color scheme [, insigne and cruising light design] and insigne of one certificate holder are readily distinguishable from the color schemes [, insignia and cruising light designs] and insignia of other certificate holders operating in the same county.
Sec. 13. NRS 706.8834 is hereby amended to read as follows:
706.8834 1. A certificate holder shall not permit a vehicle to be used as a taxicab if [its age exceeds 4 years.
κ1991 Statutes of Nevada, Page 1964 (CHAPTER 598, AB 406)κ
2. Any replacement or supplement] it has been in operation as a taxicab for more than 4 model years or 52 months, whichever period is longer.
2. Any vehicle which a certificate holder acquires for use as a taxicab must:
(a) Be new; or
(b) Register not more than 20,000 miles on the odometer.
Sec. 14. NRS 706.8835 is hereby amended to read as follows:
706.8835 1. A certificate holder shall display on each of his taxicabs the fare schedule under which it is being operated. The schedule [shall] must be permanently affixed:
(a) On the outside of both from doors in bold block letters which are of a color which contrasts with the color of the taxicab and which are not less than three-fourths of an inch in height; and
(b) [On the back of the front seat of] Inside the taxicab so as to be visible and easily readable by passengers . [riding in the back seat of the taxicab.]
2. A certificate holder shall have [the identity number of his certificate,] a unit number and the name of the certificate holder [painted] displayed on each side of each taxicab in bold block letters not less than [3] 4 inches in height and in a color which contrasts with the color of the taxicab.
Sec. 15. NRS 706.8836 is hereby amended to read as follows:
706.8836 1. A certificate holder shall equip each of his taxicabs with a taximeter and shall make provisions when installing the taximeter to allow sealing by the administrator . [at the face of the meter and at the point where the meter drive cable enters the transmission.]
2. The administrator shall approve the types of taximeters which may be used on a taxicab. All taximeters [shall] must conform to a 2-percent plus or minus tolerance on the fare recording, [shall] must be equipped with a signal device plainly visible from outside of the taxicab, [shall] must be equipped with a [fare-recording] device which records fares and is plainly visible to the passenger and [shall] must register upon plainly visible counters the following items:
(a) Total miles;
(b) Paid miles;
(c) Number of units;
(d) Number of trips; and
(e) Number of extra passengers [.] or extra charges.
3. The administrator shall inspect each taximeter [prior to] before its use in a taxicab and shall, if the taximeter conforms to the standards specified in subsection 2, seal the taximeter.
4. The administrator may reinspect the taximeter at any reasonable time.
Secs. 16 and 17. (Deleted by amendment.)
Sec. 18. NRS 706.88395 is hereby amended to read as follows:
706.88395 1. A vehicle used as a taxicab in passenger service [shall] must be impounded by the administrator if a certificate of public convenience and necessity has not been issued authorizing its operation. A hearing [shall] must be held by the administrator no later than the conclusion of the second normal business day after impoundment, weekends and holidays excluded. As soon as practicable after impoundment, the administrator shall notify the registered owner of the vehicle of the time set for the hearing and his right to be represented by counsel during all phases of the proceedings.
κ1991 Statutes of Nevada, Page 1965 (CHAPTER 598, AB 406)κ
registered owner of the vehicle of the time set for the hearing and his right to be represented by counsel during all phases of the proceedings.
2. The administrator shall hold the vehicle until the registered owner of the vehicle appears and proves:
(a) That he is the registered owner of the vehicle;
(b) That he holds a valid certificate of public convenience and necessity; and
(c) That the vehicle meets all required standards of the authority.
The administrator shall return the vehicle to its registered owner when the owner meets the requirements of this subsection [.] and pays all costs of impoundment.
3. If the registered owner is unable to meet the requirements of subsection 2, the administrator shall give the registered owner access to the vehicle so that he can remove all taxicab paraphernalia. The administrator shall return the vehicle after all taxicab paraphernalia is removed [.
4. If after being notice for a hearing the registered owner does not appear, the administrator shall retain possession of the vehicle until the registered owner of the vehicle requests a subsequent hearing and meets the requirements of subsection 2.
5. The registered owner is entitled to a subsequent hearing upon 72 hours notice to the administrator.] and all costs of impoundment have been paid.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 706.8842 is hereby amended to read as follows:
706.8842 1. Before applying to a certificate holder for employment as a driver, a person shall obtain a physicians certificate with two copies thereof from a physician who is licensed to practice in the State of Nevada.
2. A physician shall issue the certificate and copies described in subsection 1 if he finds that a prospective driver meets the [following health requirements:
(a) He shall not have a mental, nervous, organic or functional disease which is likely to interfere with safe driving;
(b) His eyesight shall comprise:
(1) Visual acuity, either without glasses or by correction with glasses, of at least 20/40 (Snellen) in one eye, and 20/100 (Snellen) in the other eye;
(2) Ability to form a field of not less than 45 degrees in all meridians from the point of fixation; and
(3) Ability to distinguish red, green and yellow; and
(c) His hearing shall not be less than 10/20 in the better ear, for conversational tones, without the use of a hearing aid.] health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.
3. The certificate described in subsection 1 [shall] must state that the physician has examined the prospective driver and has found that he meets the health requirements described in subsection 2. The certificate [shall] must be signed and dated by the physician.
4. The physicians certificate required by this section [shall expire] expires 3 years after the date of issuance and may be renewed.
Sec. 20.5. (Deleted by amendment.)
κ1991 Statutes of Nevada, Page 1966 (CHAPTER 598, AB 406)κ
Sec. 21. NRS 706.8844 is hereby amended to read as follows:
706.8844 1. A certificate holder shall require his drivers to keep a daily trip sheet in a form to be prescribed by the taxicab authority.
2. At the beginning of each period of duty the driver shall record on his trip sheet:
(a) His name and the number of his taxicab;
(b) The time at which he began [operating the taxicab on the streets;] his period of duty by means of a time clock provided by the certificate holder;
(c) The meter readings for total miles, paid miles, trips, units , [and] extra passengers [;] and extra charges; and
(d) The [speedometer] odometer reading of the taxicab.
3. During his period of duty the driver shall record on his trip sheet:
(a) The time, place of origin and destination of each trip; and
(b) The number of passengers and amount of fare for each trip.
4. At the end of each period of duty the driver shall record on his trip sheet:
(a) The time at which he [stopped operating the taxicab on the streets;] ended his period of duty by means of a time clock provided by the certificate holder;
(b) The meter readings for total miles, paid miles, trips, units and extra passengers; and
(c) The [speedometer] odometer reading of the taxicab.
5. A certificate holder shall furnish a trip sheet form for each taxicab operated by a driver during his period of duty and shall require his drivers to return their completed trip sheets at the end of each period of duty.
6. A certificate holder shall retain all trip sheets of all drivers in a safe place for a period of 3 years immediately succeeding December 31 of the year to which they respectively pertain and shall make such manifests available for inspection by the administrator upon reasonable demand.
7. Any driver who maintains a trip sheet in a form less complete than that required by subsection 1 is guilty of a misdemeanor.
Secs. 22 and 23. (Deleted by amendment.)
Sec. 24. NRS 706.8849 is hereby amended to read as follows:
706.8849 1. A taxicab driver shall:
(a) Assure that the fare indicator on the taximeter of his taxicab reads zero [prior to] before the time that the taxicab is engaged.
(b) Assure that the taximeter of his taxicab is engaged [and the flag is rotated to the right so that the stem of the flag is horizontal] while the taxicab is on hire.
(c) Not make any charge for the transportation of a passenger other than the charge shown on the taximeter.
(d) Not alter, manipulate, tamper with or disconnect a sealed taximeter or its attachments nor make any change in the mechanical condition of the wheels, tires or gears of a taxicab with intent to cause false registration on the taximeter of the passenger fare.
(e) Not remove or alter fare schedules which have been posted in his taxicab by the certificate holder.
(f) Not permit any person or persons other than the person who has engaged the taxicab to ride therein unless the person who has engaged the taxicab [gives permission for such other person to] requests that the other person or persons ride in the taxicab .
κ1991 Statutes of Nevada, Page 1967 (CHAPTER 598, AB 406)κ
taxicab [gives permission for such other person to] requests that the other person or persons ride in the taxicab . [, but if permission is given the fare charged by the driver shall be as follows: When the person who has engaged the taxicab is first to leave the taxicab and pay the fare,] If more than one person is loaded by the taxicab driver as set forth in this paragraph, the driver shall, when one of the persons leaves the taxicab, charge that person the fare on the meter and reset the taximeter . [shall be reset to zero.]
(g) Not drive a taxicab or go on duty while under the influence of , or impaired by, any controlled substance, dangerous drug, [narcotic or hallucinogenic drugs] or intoxicating liquor or drink intoxicating liquor while on duty.
(h) Not use or consume controlled substances or dangerous drugs [, narcotics or hallucinogenic drugs] which impair a persons ability to operate a motor vehicle at any time , or use or consume any other controlled substances or dangerous drugs at any time except with a prescription from a physician who is licensed to practice medicine in the State of Nevada.
(i) [Not operate a taxicab with an expired drivers permit.
(j)] Not operate a taxicab without a valid drivers permit issued pursuant to NRS 706.8841 and a valid drivers license issued pursuant to 483.325 in his possession.
[(k)] (j) Obey all provisions and restrictions of his employers certificate of public convenience and necessity.
2. If a driver violates any provision of subsection 1, the administrator may, after a hearing, impose the following sanctions:
(a) [First offense:] For a first offense, 1 to 5 days suspension of a drivers permit or a fine of not more than $100, or both suspension and fine.
(b) [Second offense:] For a second offense, 6 to 20 days suspension of a drivers permit or a fine of not more than $300, or both suspension and fine.
(c) [Third offense: A] For a third offense, a fine of not more than $500.
In addition to the other penalties set forth in this subsection, the administrator may revoke a drivers permit for any violation of a provision of paragraph (g) of subsection 1.
3. Only violations occurring in the 12 months immediately preceding the most current violation may be considered for the purposes of subsection 2. The administrator shall inspect the drivers record for that period to compute the number of offenses committed.
Sec. 25. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days notice to the grantee of any certificate, permit or license, and after a hearing unless waived by the grantee, penalize [such] the grantee to a maximum amount of [$500] $1,000 or suspend or revoke the certificate, permit or license granted by it or him, respectively, for:
κ1991 Statutes of Nevada, Page 1968 (CHAPTER 598, AB 406)κ
(a) Any violation of any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.
(b) Knowingly permitting or requiring any employee to violate any provision of NRS 706.881 to 706.885, inclusive, or any regulation of the taxicab authority or administrator.
3. When a driver or certificate holder fails to appear at the time and place stated in the notice for the hearing, the administrator shall enter a finding of default. Upon a finding of default, the administrator may suspend or revoke the license , permit or certificate of the person who failed to appear and impose the penalties provided in this chapter. For good cause shown, the administrator may set aside a finding of default and proceed with the hearing.
4. Any person who operates or permits a taxicab to be operated in passenger service without a certificate of public convenience and necessity issued pursuant to NRS 706.8827, is guilty of a gross misdemeanor.
5. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 26. NRS 706.8823 is hereby repealed.
________
Assembly Bill No. 178Committee on Government Affairs
CHAPTER 599
AN ACT relating to the state personnel system; increasing the maximum allowable payment for unused sick leave; authorizing optional methods of payment; 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 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in [subsections 2 and 3,] this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
κ1991 Statutes of Nevada, Page 1969 (CHAPTER 599, AB 178)κ
own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than [$1,500.] $2,500.
(b) For 15 years of service or more but less than 20 years, not more than [$2,500.] $4,000.
(c) For 20 years of service or more [,] but less than 25 years, not more than [$3,500.] $6,000.
(d) For 25 years of service or more, not more than $8,000.
The department may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
2. An employee entitled to payment for unused sick leave pursuant to subsection 1 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums pursuant to this subsection exceeds the amount which is payable for premiums for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
3. Officers and members of the faculty of the University of Nevada System are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
[3.] 4. The department may by regulation provide policies concerning employees with mental or emotional disorders which : [will:]
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) [Retain] Provide for the retention of their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, [reemploy them] provide for their reemployment if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
[4.] 5. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work at 40-hour week accrue sick leave.
[5.] 6. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled.
κ1991 Statutes of Nevada, Page 1970 (CHAPTER 599, AB 178)κ
entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 137Committee on Government Affairs
CHAPTER 600
AN ACT relating to public employees retirement; increasing the civil penalty for late reporting and payment of contributions by public employers; prospectively revising the upper limit on service credit for public employees; 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 286 of NRS is hereby amended by adding thereto a new section to read as follows:
If a public employer is delinquent by more than 180 days in submitting a report or paying an amount due pursuant to subsection 3 of NRS 286.460, the system shall submit a written complaint to the department of taxation asking it to take such actions as are necessary to correct a condition of financial difficulty in accordance with NRS 354.650 to 354.720, inclusive.
Sec. 2. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the board, the system must be administered by the executive officer, an investment officer, an operations officer and a staff authorized by the board and appointed by the executive officer with the approval of the board.
2. The board shall [:
(a) Create such positions within the system as it deems necessary for the sound and economical administration of the system.
(b) Fix the salaries for the positions so created] fix the salaries of the staff in accordance with the pay plan of the state for the classified service. No employee may be removed from [a position so created] the staff except in the manner provided for the classified service of the state.
Sec. 3. NRS 286.460 is hereby amended to read as follows:
286.460 1. Each participating public employer which pays compensation to its officers or employees in whole or in part from [funds] money received from sources other than money appropriated from the state general fund, shall pay public employer contributions, or the proper portion thereof, to the system from the [funds] money of the department, board, commission or agency.
κ1991 Statutes of Nevada, Page 1971 (CHAPTER 600, AB 137)κ
2. Public employer contributions for compensation paid from the state general fund must be paid directly by each department, board, commission or other agency concerned, and allowance therefor [shall] must be made in the appropriation made for each such department, board, commission or other state agency.
3. All participating public employers that are required to make payments pursuant to this section shall file payroll reports not later than 15 days after the end of the reporting period, together with the remittance of the amount due to the system. The 15-day limit is extended 1 working day for each legal holiday that falls within the 15-day period and is officially recognized by the public employer. [These payroll]
4. Payroll reports must contain information deemed necessary by the board. If the payroll reports are not filed or the amounts due are not remitted within the time provided, a penalty [equal to the assumed investment income rate per annum used in the most recent actuarial valuation of the system,] of 4 percent more than the prime rate of interest as published in the Wall Street Journal (Western Edition) for the first date the payment or report becomes delinquent prorated for the period delinquent, on the unpaid balance due must be [added to the amount to be paid. The] assessed at the time of receipt of the payment or report.
5. A notice of the penalty assessed [for delinquent reports] must be mailed by certified mail to the chief administrator of the delinquent public employer. The public employer shall pay the assessment within 90 days after receipt of the notice or an additional penalty of 1 percent of the assessment per month must be imposed until paid. Refusal or failure by the public employer to pay the assessment within 12 months after receipt is a misdemeanor on the part of the chief administrator of the delinquent public employer. The retirement board may accept , no later than 30 days after the notice is received, an appeal from a public employer for waiver or reduction of a penalty assessed on account of extenuating circumstances and make any adjustment it deems necessary.
[4.] 6. Upon notification that a current employee was not properly enrolled in the system by the public employer, the public employer shall pay within 90 days all the employee and employer contributions and the interest that is due as computed by the system from the first day the employee was eligible for membership. The public employer is entitled to recover from the employee the employee contributions and interest thereon.
[5.] 7. As used in this section, reporting period means the calendar month for which members compensation and service credits are reported and certified by participating public employers. Compensation paid during each month must be reported separately, and retroactive salary increases must be identified separately for each month to which they apply.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 286.525 is hereby amended to read as follows:
286.525 1. A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls:
(a) He forfeits all retirement allowances for the duration of that employment.
κ1991 Statutes of Nevada, Page 1972 (CHAPTER 600, AB 137)κ
(b) Upon termination of the employment [:
(1) He] , he is entitled to receive, upon written request, a refund of all contributions made by him during the employment . [; or
(2)] If he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. [This] If the duration of the employment was:
(1) Less than 5 years, the additional allowance must be added to his original allowance [. The additional allowance] and must be under the same option and designate the same beneficiary as the original allowance.
(2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.
2. The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limit imposed by NRS 286.551.
3. A retired employee who has been receiving a retirement allowance for less than 18 months and who is reemployed and enrolls in the system for at least 2 years may elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and have his additional credit for service added to his previous credit for service. If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election must not apply to more than one period of employment after the original retirement.
4. The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment if the member elected to receive his service retirement allowance without modification.
Sec. 6. NRS 286.551 is hereby amended to read as follows:
286.551 1. [A] Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a members average compensation by 2.5 percent for each year of service, [until he becomes eligible to retire, except that:
(a) If a member who is a policy officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.
(b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.
(c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation.
(d) A member who:
(1) Retired on or after July 1, 1977; or
(2) Is an active member whose effective date of membership is before July 1, 1985, and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.
κ1991 Statutes of Nevada, Page 1973 (CHAPTER 600, AB 137)κ
and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.
(e) A member:
(1) Who retired before July 1, 1977; or
(2) Whose effective date of membership is after July 1, 1985, and who has 30 years of service,
is entitled to a benefit of up to 75 percent of his average compensation.] except that a member:
(a) Who has an effective date of membership on or after July 1, 1985, is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 30 years of service.
(b) Who has an effective date of membership before July 1, 1985, and retires on or after July 1, 1977, is entitled to a benefit of not more than 90 percent of his average compensation with his eligibility for service credit ceasing at 36 years of service.
In no case may the service retirement allowance determined pursuant to this section be less than the allowance to which the retired employee would have been entitled under the provisions of this section which were in effect on the day before the effective date of this act.
2. For the purposes of this section, except as otherwise provided in subsection 3, average compensation means the average of a members 36 consecutive months of highest compensation as certified by the public employer.
3. The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.
4. The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who works half time or more, but less than full time:
(a) According to the regular schedule established by the employer for his position; and
(b) Pursuant to an established agreement between the employer and the employee.
[5. The rate of contribution for a member whose effective date of membership is after July 1, 1985, must be adjusted to the actuarially determined rate for all benefits based upon an accrual of service of more than 30 years.]
Sec. 7. NRS 286.650 is hereby amended to read as follows:
286.650 1. Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance returns to employment with a participating public employer, the allowance must be discontinued, he shall again become a contributing member of the system and his service credit at time of disability retirement must be restored. [His employee contributions, which must be] An amount equivalent to his total employee contributions at time of disability less 15 percent of total disability benefits paid [,] must be returned to his individual member account.
κ1991 Statutes of Nevada, Page 1974 (CHAPTER 600, AB 137)κ
returned to his individual member account. The member shall retire under the same retirement plan previously selected for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.
2. A recipient of a disability retirement allowance may be employed and continue to receive [part of this] his allowance if he applies to the board for approval of the employment before he begins to work and the board approves his application. The application must include:
(a) A full description of the proposed employment; and
(b) A statement written by the member declaring the reasons why the proposed employment should not be found to conflict with his disability.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 26Committee on Health and Welfare
CHAPTER 601
AN ACT relating to health facilities; expanding the definitions of facility for intermediate care and residential facility for groups; authorizing the inspection of unlicensed medical facilities and facilities for the dependent; making various changes concerning the provision of services for older persons who are residents of facilities for long-term care; clarifying the authority of an advocate for residents of facilities for long-term care and his representative to visit residents of such facilities; 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 449.0038 is hereby amended to read as follows:
449.0038 Facility for intermediate care means an establishment operated and maintained to provide 24-hour personal and medical supervision, for [four or more persons who do] a person who does not have illness, disease, injury or other condition that would require the degree of care and treatment which a hospital or facility for skilled nursing is designed to provide.
Sec. 2. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, residential facility for groups means an establishment [operated and maintained for the purpose of furnishing] that furnishes food, shelter, assistance and limited supervision to:
(a) Any ambulatory aged, infirm, mentally retarded or handicapped person ; [unrelated to the person operating the facility;] or
(b) Four or more females during pregnancy or after delivery . [, who are unrelated to the person operating the facility.] 2. The term does not include [any] :
(a) An establishment which provides care only during the day [or any] ;
(b) A natural person who provides care [, not for profit, for fewer than four persons] for no more than two persons in his home [.] ;
κ1991 Statutes of Nevada, Page 1975 (CHAPTER 601, AB 26)κ
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or
(d) A facility funded by the welfare division or the mental hygiene and mental retardation division of the department of human resources.
Sec. 2.5. NRS 449.037 is hereby amended to read as follows:
449.037 1. The board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.
2. The board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
which provide care to persons with Alzheimers disease.
3. The board shall adopt separate regulations for the licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
4. The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. As used in this section, rural hospital means a hospital with 85 or fewer beds which is:
(a) The sole institutional provider of health care located within a county whose population is less than 100,000;
(b) The sole institutional provider of health care located within a city whose population is less than 20,000; or
(c) Maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.
Sec. 3. NRS 449.235 is hereby amended to read as follows:
449.235 Every [licensed] medical facility or facility for the dependent may be inspected at any time, with or without notice, as often as is necessary by:
1. The health division to assure that there is compliance with all applicable regulations and standards; and
2. Any person designated by the aging services division of the department of human resources to investigate complaints made against the facility.
Sec. 4. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. Resident means a person who is 60 years of age or older.
κ1991 Statutes of Nevada, Page 1976 (CHAPTER 601, AB 26)κ
Sec. 6. The administrator may direct an advocate to investigate a complaint involving a person who is less than 60 years of age.
Sec. 7. NRS 427A.020 is hereby amended to read as follows:
427A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.029, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.
Sec. 8. NRS 427A.028 is hereby amended to read as follows:
427A.028 Facility for long-term care means:
1. A residential facility for groups as defined in NRS 449.017;
2. A facility for intermediate care as defined in NRS 449.0038; [and]
3. A facility for skilled nursing as defined in NRS 449.0039 [.] ; and
4. Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.
Sec. 9. NRS 427A.135 is hereby amended to read as follows:
427A.135 1. The advocate or his representative may [, upon] :
(a) Upon a complaint by or on behalf of a resident, investigate any act or policy which he has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care [.] ; and
(b) Make periodic visits to any facility for long-term care to provide information to the residents of the facility and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any resident of the facility.
2. The advocate or his representative may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times. Upon his arrival at the facility he shall notify the person in charge and shall present appropriate identification.
3. A person shall not willfully interfere with the advocate or his representative in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the director, at the request of the administrator, may refer the matter to the health division for the imposition of an administrative fine of not more than $1,000 for each violation.
4. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the state general fund.
5. Each resident has the right to request, deny or terminate visits with the advocate or his representative.
6. The advocate or his representative is not liable civilly for the good faith performance of any investigation.
________
κ1991 Statutes of Nevada, Page 1977κ
Senate Bill No. 648Committee on Government Affairs
CHAPTER 602
AN ACT relating to county fair and recreation boards; clarifying that certain members of the board must be appointed from a list of nominees; eliminating the provision that specifies that members of boards in certain counties are entitled to the per diem and travel expenses provided state officers and employees generally; 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 244A.601 is hereby amended to read as follows:
244A.601 1. In any county whose population is 100,000 or more, and less than 400,000, the county fair and recreation board consists of 12 members who are appointed as follows:
(a) Two members by the board of county commissioners.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of the next largest incorporated city in the county.
(d) Except as otherwise provided in subsection 2, seven members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:
(1) One member who is a representative of air service interests from a list of nominees submitted by the Airport Authority of Washoe County. The nominees must not be elected officers.
(2) One member who is a representative of motel operators from a list of nominees submitted by one or more associations that represent the motel industry.
(3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(4) One member who is a representative of other business or commercial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.
(5) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year [.] , from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming. If the members entitled to vote find the nominees on a list unacceptable, they shall request a new list of nominees.
2. The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.
κ1991 Statutes of Nevada, Page 1978 (CHAPTER 602, SB 648)κ
member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.
3. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.
4. Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.
Sec. 2. NRS 244A.609 is hereby amended to read as follows:
244A.609 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. Except as otherwise provided in subsection 3, no member may receive any compensation as an employee of the board or otherwise, and no member of the board may be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county whose population is 100,000 or more is entitled to receive [:
(a) Four hundred eighty dollars] $480 per month or $80 for each meeting of the board or a committee of the board attended, whichever amount is less.
[(b) While engaged in the business of the board, the per diem allowance and travel expenses provided for state officers and employees generally.]
Sec. 3. Sections 1 and 2 of this act become effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 644Committee on Commerce and Labor
CHAPTER 603
AN ACT relating to insurance; removing the requirement imposed by Senate Bill No. 178 of this session that claim forms to be presented to insurers contain or be accompanied by a notice that the filing of false or misleading information on such forms is punishable under law; 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 1 of chapter 396, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:
1. [Except as otherwise provided in this section, any claim form to be presented to any insurer for payment, reimbursement or other benefit must contain or be accompanied by a statement in substantially the following form:
κ1991 Statutes of Nevada, Page 1979 (CHAPTER 603, SB 644)κ
must contain or be accompanied by a statement in substantially the following form:
Pursuant to NRS 686A.291, any person who knowingly and willfully files a statement of claim that contains any false, incomplete or misleading information concerning a material fact is guilty of a felony.
2.] If a hospital submits to an insurer the form commonly referred to as the UB-82, the form must contain or be accompanied by a statement in substantially the following form:
Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.
[3.] 2. If a person who is licensed to practice one of the health professions regulated by Title 54 of NRS submits to an insurer the form commonly referred to as the HCFA-1500 for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement in substantially the following form:
Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.
[4.] 3. The failure to provide any of the statements required by this section is not a defense in a prosecution for a violation of NRS 686A.291.
Sec. 2. This act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 638Committee on Commerce and Labor
CHAPTER 604
AN ACT relating to discriminatory practices; prohibiting discrimination in housing based on disability, familial status or the possession of certain animals; expanding the period for filing a complaint alleging discrimination in housing; expanding the regulatory authority of the Nevada equal rights commission; 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. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Familial status means the fact that a person:
1. Lives with a child under the age of 18 and has lawful custody of the child;
2. Is pregnant; or
3. Has begun a proceeding to adopt a child.
κ1991 Statutes of Nevada, Page 1980 (CHAPTER 604, SB 638)κ
Sec. 3. The commission may adopt regulations, consistent with the fair housing provisions of 42 U.S.C. §§ 3601 et seq., to carry out the provisions of NRS 118.010 to 118.120, inclusive, this section and section 2 of this act.
Sec. 4. NRS 118.020 is hereby amended to read as follows:
118.020 1. It is hereby declared to be the public policy of the State of Nevada that all people in the state [must] have equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, religious creed, color, national origin, disability, ancestry , familial status or sex.
2. Nothing in this chapter shall be deemed to render enforceable a conveyance or other contract made by a person who lacks the capacity to contract.
Sec. 5. NRS 118.030 is hereby amended to read as follows:
118.030 As used in NRS 118.010 to 118.120, inclusive, and sections 2 and 3 of this act, except where the context otherwise requires, the words defined in NRS 118.040 to 118.090, inclusive, [and] section 6 of [this act,] Assembly Bill No. 646 of this session and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 118.080 is hereby amended to read as follows:
118.080 1. Person includes the State of Nevada and all political subdivisions and agencies thereof.
2. Person does not include any nonprofit, fraternal, educational or social organization or club, unless it has the purpose of promoting discrimination in the matter of housing against any person because of race, religious creed, color, national origin, disability, ancestry , familial status or sex.
Sec. 7. NRS 118.100 is hereby amended to read as follows:
118.100 No person may, because of race, religious creed, color, national origin, disability, ancestry , familial status or sex.
1. Refuse to sell or rent or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person.
2. Discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, including the amount of breakage or brokerage fees, deposits or other undue penalties, or in the provision of services or facilities in connection therewith.
3. Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination, or an intention to make any such preference, limitation or discrimination.
4. Represent to any person because of race, religious creed, color, national origin, disability, ancestry , familial status or sex that any dwelling is not available for inspection, sale or rental when the dwelling is in fact so available.
5. For profit, [to] induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, religious creed, color, national origin, disability, ancestry , familial status or sex.
6. Coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.
κ1991 Statutes of Nevada, Page 1981 (CHAPTER 604, SB 638)κ
Sec. 8. NRS 118.105 is hereby amended to read as follows:
118.105 1. A landlord may not refuse to rent a dwelling subject to the provisions of chapter 118A of NRS solely because a guide dog, hearing dog , [or] helping dog or other service animal will be residing with the prospective tenant in the dwelling.
2. A landlord may require proof that [a dog] an animal is a guide dog, hearing dog , [or] helping dog [.] or other service animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a person with a [visual, aural or physical] disability upon his graduation from a school for guide dogs, school for hearing dogs , [or] school for helping dogs [.] or school for other service animals.
3. For the purposes of this section [, the] :
(a) The terms guide dog, hearing dog, helping dog, school for guide dogs, school for hearing dogs and school for helping dogs have the meanings ascribed to them respectively in NRS 426.075 to 426.095, inclusive.
(b) Service animal means an animal which has been or is being trained to provide a specialized service to a person with a disability.
Sec. 9. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 207.300 and 207.310:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Familial status means the fact that a person:
(a) Lives with a child under the age of 18 and has lawful custody of the child;
(b) Is pregnant; or
(c) Has begun a proceeding to adopt a child.
Sec. 10. NRS 207.300 is hereby amended to read as follows:
207.300 It is unlawful for any person to refuse to rent, lease, sell or otherwise convey any real property solely because of race, religious creed, color, national origin, disability, ancestry , familial status or sex.
Sec. 11. NRS 207.310 is hereby amended to read as follows:
207.310 1. As used in this section:
(a) Customer means a person who applies for a loan or other financial assistance to purchase, construct, improve or repair a dwelling.
(b) Lender means a bank, savings and loan association, insurance company or other person whose business consists in whole or in part of making commercial real estate loans.
2. It is unlawful for any lender to deny a loan, or other financial assistance rendered by the lender, to any customer or to discriminate against any customer in fixing the amount, conditions, duration, rate of interest [rate] or other terms of a loan or other financial assistance on account of the race, color, religious creed, national origin, disability, ancestry , familial status or sex of:
κ1991 Statutes of Nevada, Page 1982 (CHAPTER 604, SB 638)κ
(a) The customer;
(b) Any person associated with the customer in connection with the loan or other financial assistance or with the purpose of the loan or other financial assistance; or
(c) The present or prospective owners, lessees, tenants or occupants of the dwelling in relation to which the loan or other financial assistance is to be made or given.
3. A person who violates the provisions of this section is guilty of:
(a) A misdemeanor for the first and second offenses.
(b) A gross misdemeanor for the third and subsequent offenses.
Sec. 12. NRS 233.160 is hereby amended to read as follows:
233.160 1. A complaint which alleges unlawful discriminatory practices in [housing, employment] :
(a) Housing must be filed with the commission not later than 1 year after the date of the occurrence of the alleged practice or the date on which the practice terminated.
(b) Employment or public accommodations must be filed with the commission not later than 180 days after the date of the occurrence of the alleged practice.
A complaint is timely if it is filed with an appropriate federal agency within that period. A complainant shall not file a complaint with the commission if any other state or federal administrative body or officer which has comparable jurisdiction to adjudicate complaints of discriminatory practices has made a decision upon a complaint based upon the same facts and legal theory.
2. The complaint shall specify in the complaint the alleged unlawful practice and sign it under oath.
3. The commission shall send to the party against whom an unlawful discriminatory practice is alleged:
(a) A copy of the complaint;
(b) An explanation of the rights which are available to him; and
(c) A copy of the commissions procedures.
Sec. 13. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
The Nevada equal rights commission may adopt regulations, consistent with the provisions of 42 U.S.C. §§ 12101 et seq., setting forth:
1. The types of examinations which an employer may require; and
2. Any defenses which are available to an employer,
relating to the subject matter of those provisions.
Sec. 14. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.430, inclusive, and section 13 of this act, unless the context otherwise requires:
1. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
κ1991 Statutes of Nevada, Page 1983 (CHAPTER 604, SB 638)κ
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation under section 501(c) of the Internal Revenue Code of 1954.
3. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
4. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
5. Person includes the State of Nevada and any of its political subdivisions.
Sec. 15. NRS 645.321 is hereby amended to read as follows:
645.321 1. It is unlawful, on account of race, religious creed, color, national origin, disability, ancestry , familial status or sex, to:
(a) [Deny] Discriminate against any person :
(1) By denying the person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service or facility relating to the sale or rental of dwellings; or
[(b) Discriminate against any person in]
(2) In the terms or conditions of such access, membership or participation.
(b) Discriminate against any person:
(1) By denying the person access to any opportunity to engage in a transaction regarding residential real estate; or
(2) In the terms or conditions of such a transaction.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of $500 for the first offense and for the second offense shall show cause why his license should not be revoked by the commission.
3. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) Familial status means the fact that a person:
(1) Lives with a child under the age of 18 and has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun a proceeding to adopt a child.
Sec. 16. NRS 645C.480 is hereby amended to read as follows:
645C.480 1. A certified or licensed appraiser is guilty of unprofessional conduct if he:
κ1991 Statutes of Nevada, Page 1984 (CHAPTER 604, SB 638)κ
[1.] (a) Fails to produce any document, book or record in his possession or under his control after being requested to do so by the division as part of its investigation of a complaint;
[2.] (b) Refuses to prepare or communicate an appraisal because of age, race, color, national origin, disability, familial status, sex or ethnic group; or
[3.] (c) Fails to supervise adequately an intern associated with him.
2. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) Familial status means the fact that a person:
(1) Lives with a child under the age of 18 and has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun a proceeding to adopt a child.
Sec. 17. Sections 4 to 8, inclusive, and 14 of this act become effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 631Committee on Commerce and Labor
CHAPTER 605
AN ACT relating to utilities; revising the provisions governing the treatment of utilities in company towns; 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 704.905 is hereby amended to read as follows:
704.905 As used in NRS 704.910 to 704.960, inclusive [, utility] :
1. Company town means a community whose primary purpose is to provide housing to employees of a person who owns not less than 70 percent of the dwellings, and may include commercial or other supporting establishments.
2. Dwelling includes a commercial or other supporting establishment.
3. Utility includes a public utility and all city, county or other governmental entities which provide electric, gas or water service to a mobile home park [.] or a company town.
Sec. 2. NRS 704.920 is hereby amended to read as follows:
704.920 1. The provisions of NRS 704.920 to 704.960, inclusive, apply to company towns, utilities which provide services to company towns, and persons who own and operate company towns.
2. The commission shall require a public utility which provides service to a mobile home park or to a company town, or an independent person who is qualified , to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS.
κ1991 Statutes of Nevada, Page 1985 (CHAPTER 605, SB 631)κ
qualified , to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The utility, the person selected to conduct the examination and the commission may enter a mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility.
[2.] 3. The utility or the person selected to conduct the examination shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.
[3.] 4. The owner of the mobile home park or company town shall pay for the costs of the examination and testing.
[4.] 5. If the landlord of a mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the commission shall deem the unexamined lines and equipment to be unsafe for service.
[5.] 6. If the commission finds:
(a) Or deems any lines or equipment within a mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park [.] or town.
(b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose [the landlord] he may expend some or all of the money in his account for service charges for utilities, which he is required to keep under NRS 704.940.
Sec. 3. NRS 704.930 is hereby amended to read as follows:
704.930 If a utility furnishes service to a mobile home park or company town and the landlord of the park or owner of the town charges his tenants or the occupants of his dwellings for that service, he shall:
1. Provide that service to his tenants or the occupants of his dwellings in a manner which is consistent with the utilitys tariffs on file with the commission and any law, ordinance or governmental regulation relating to the provision of those services. The landlord or owner of the town shall not interrupt such a service for nonpayment of charges unless the interruption is performed in a manner which is consistent with the utilitys tariffs on file with the commission and any law, ordinance or governmental regulation relating to the manner of interrupting such a service for nonpayment of charges.
2. Not more than 5 days after he receives notice of a proposed increase in the utilitys rates, give notice to his tenants or those occupants of the proposed increase.
Sec. 4. NRS 704.940 is hereby amended to read as follows:
704.940 1. In a mobile home park or company town where the landlord or owner is billed by a gas or electric utility and in turn charges the tenants or occupants of the dwellings for the service provided by the utility, and the park [:] or town:
κ1991 Statutes of Nevada, Page 1986 (CHAPTER 605, SB 631)κ
occupants of the dwellings for the service provided by the utility, and the park [:] or town:
(a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord [.] or owner.
(b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord [.] or owner.
2. In a mobile home park or company town where the landlord or owner is billed by a water utility and in turn charges the tenants or occupants of the dwellings for the service provided by the utility, and the park [:] or town:
(a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord [.] or owner.
(b) Is not equipped with individual meters for each lot:
(1) The landlord or owner shall not convert from the master-metered system to individual meters; and
(2) The landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord [.] or owner.
3. To the extent the cost of providing service to the common area of a mobile home park or company town can be identified, the landlord or owner may not recover the cost of service provided by the utility to the common area [of the mobile home park] by directly charging [the] a tenant or the occupant of a dwelling for those services.
4. The landlord of a mobile home park or owner of a company town may assess and collect a charge to reimburse him for the actual cost of the service charge he is required to pay to a water utility serving the park [.] or town. If he collects such a charge, he shall prorate the actual cost of the service charge to the tenants or occupants of dwellings who use the service. He shall not collect more than the aggregate cost of the service to him.
5. The landlord may assess and collect a service charge for gas and electric utilities from the tenants of the park, but the amount of the charge must not be more than the tenants would be required to pay the serving utility. The landlord shall:
(a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for [preventative] preventive maintenance or for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the commission; and
(b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the commission on or before March 30 of each year.
[5.] 6. Money collected by the landlord or owner for service provided by a utility to the tenants of a mobile home park or occupants of the dwellings may not be used to maintain, repair or replace utility lines or equipment serving the common area of the mobile home park [.]
κ1991 Statutes of Nevada, Page 1987 (CHAPTER 605, SB 631)κ
may not be used to maintain, repair or replace utility lines or equipment serving the common area of the mobile home park [.] or company town.
7. The owner of a company town who provides a utility service directly to the occupants of the town may charge the occupants their pro rata share of his cost of providing that service. Where meters are available, the pro rata share must be based on meter readings. Where meters are not available, the owner shall determine a fair allocation which must be explained in detail to the commission in the reports required by NRS 704.960. The commission may modify the allocation in accordance with its regulations if it determines the owners method not to be fair. The commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.
8. The landlord or owner shall itemize all charges for utilities on all bills for rent [.] or occupancy. He may pass through to the tenant or occupant any increase in a rate for a utility and shall pass through any decrease in a charge for a utility as it becomes effective.
[7.] 9. The landlord or owner shall retain for at least 3 years a copy of all billings for utilities made to his tenants or the occupants of his dwellings and shall make these records available upon request to the commission for verification of charges made [to tenants] for utilities.
[8.] 10. A landlord whose interest in a mobile home park terminates for any reason shall transfer to his successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the commission.
[9.] 11. The commission may at any time examine all books and records which relate to the landlords or owners purchase of or billing for a service provided by a utility if he is charging the tenants of the mobile home park or occupants of the dwellings for that service.
Sec. 5. NRS 704.950 is hereby amended to read as follows:
704.950 1. The tenant of a lot in a mobile home park or occupant of a dwelling in a company town who believes that the landlord or owner has violated the provisions of NRS 704.930, 704.940 or 704.960 may complain to the division of consumer relations of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission.
2. The commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.
3. If the commission finds that the [owner] landlord of the mobile home park or owner of the company town has violated the provisions of NRS 704.930, 704.940 or 704.960, it shall order [the landlord] him to cease and desist from any further violation. If the violation involves an overcharge for a service, the commission shall determine the amount of the overcharge [to the tenant] and order the landlord or owner to return that amount to the tenant or occupant within a specified time.
κ1991 Statutes of Nevada, Page 1988 (CHAPTER 605, SB 631)κ
4. If the landlord or owner fails or refuses to comply with its order, the commission may compel compliance by any appropriate civil remedy available to it under this chapter. For the purposes of compelling compliance by the landlord [,] or owner, the commission may use such methods as are available for the commission to compel the compliance of a public utility.
Sec. 6. NRS 704.960 is hereby amended to read as follows:
704.960 Each [owner] landlord of a mobile home park or owner of a company town shall submit an annual report to the commission. The report must contain detailed information on the collections and expenditures of the landlords or owners account for service charges for utilities, information necessary to determine compliance with NRS 704.940, details of any changes in ownership during the period covered by the report and such other information as the commission deems necessary to determine whether the landlord or owner has complied with the provisions of this chapter which apply to mobile home parks [.] and company towns. The commission shall by regulation provide for the annual filing of the reports.
Sec. 7. Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Senate Bill No. 602Committee on Transportation
CHAPTER 606
AN ACT relating to the registration of vehicles; repealing the requirement that certain residents of other states who are employed in Nevada register their vehicles with the department of motor vehicles and public safety; 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 482.012 is hereby amended to read as follows:
482.012 Border state employee means a person whose legal residence is not in this state , [and] who resides outside of the State of Nevada and who commutes on a daily basis into the State of Nevada solely for the purpose of employment [.] at a place of employment which is less than 35 air miles from the state border.
Sec. 2. NRS 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as [may be] are necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department [under] pursuant to this chapter. The director may designate the county assessor of any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
κ1991 Statutes of Nevada, Page 1989 (CHAPTER 606, SB 602)κ
subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration . [or for each transaction performed pursuant to NRS 482.213.]
Sec. 3. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal of registration , [and applications for registration of vehicles of border state employees pursuant to NRS 482.213,] must be made as provided in this section.
2. Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.
3. Each application must be made upon the appropriate form furnished by the department and contain:
(a) The signature of the owner.
(b) His residential address.
(c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.
(d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.
(e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.
(f) If the security is provided by a contract of insurance, evidence of that insurance provided by the insurer on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(g) If required, evidence of the applicants compliance with controls over emission.
4. The application must contain such other information as [may be] is required by the department, and must be accompanied by proof of ownership satisfactory to the department.
5. For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:
(a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration.
κ1991 Statutes of Nevada, Page 1990 (CHAPTER 606, SB 602)κ
proportional registration. The owner may file a single certificate of insurance covering that fleet.
(b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.
(c) A person who qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.
(d) A person who qualifies for an operators policy of liability insurance pursuant to NRS 485.186 and 485.3091 may file evidence of that insurance.
6. At the time of applying for registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.
Sec. 4. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in subsection 4 and NRS [482.212 and] 482.390, a nonresident owner of a vehicle of a type subject to registration pursuant to the provisions of this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without its registration in this state pursuant to the provisions of this chapter and without the payment of any registration fees to this state.
2. This section does not:
(a) Prohibit the use of manufacturers, distributors or dealers license plates issued by any state or country by any nonresident in the operation of any vehicle on the public highways of this state.
(b) Require registration of vehicles of a type subject to registration pursuant to the provisions of this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
(c) Require registration of a vehicle operated by a border state employee.
3. When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.
4. Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause this vehicle to be registered within 45 days after beginning its operation within this state.
5. A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on those taxes and fees for the unused months of his previous registration.
6. If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.
κ1991 Statutes of Nevada, Page 1991 (CHAPTER 606, SB 602)κ
7. An owner registering a vehicle pursuant to the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.
Sec. 5. 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.
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 for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
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. 6. NRS 482.212 and 482.213 are hereby repealed.
Sec. 7. Section 1 of Assembly Bill No. 490 of this session is hereby amended to read as follows:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a 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 for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
5. For every travel trailer, a fee for registration of $17.
Sec. 8. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 1992κ
Senate Bill No. 293Senators Townsend, Adler, Glomb, Neal, Smith and Titus
CHAPTER 607
AN ACT relating to state government; prohibiting any retaliatory disciplinary action against a state officer or employee who discloses an improper governmental action; 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 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:
1. Improper governmental action means any action taken by a state officer or employee in the performance of his official duties, whether or not the action is within the scope of his employment, which is:
(a) In violation of any state law or regulation;
(b) An abuse of authority;
(c) Of substantial and specific danger to the public health or safety; or
(d) A gross waste of public money.
2. State employee means any person who performs public duties under the director and control of a state officer for compensation paid by or through the state.
3. State officer means a person elected or appointed to a position with the state which involves the exercise of a state power, trust or duty, including:
(a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of state policy;
(b) The expenditure of state money; and
(c) The enforcement of laws and regulations of the state.
Sec. 3. It is hereby declared to be the public policy of this state that a state officer or employee is encouraged to disclose, to the extent not expressly prohibited by law, improper governmental action, and it is the intent of the legislature to protect the rights of a state officer or employee who makes such a disclosure.
Sec. 4. 1. A state officer or employee shall not directly or indirectly use or attempt to use his official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee in an effort to interfere with or prevent the disclosure of information concerning improper governmental action.
2. For the purposes of this section, use of official authority or influence includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.
κ1991 Statutes of Nevada, Page 1993 (CHAPTER 607, SB 293)κ
Sec. 5. 1. If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the department of personnel for a determination of whether the action taken was a reprisal or retaliatory action. The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive.
2. If the hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of his decision with the governor or any other elected state officer who is responsible for the actions of that person.
3. For the purposes of this section, reprisal or retaliatory action includes:
(a) The denial of adequate personnel to perform duties;
(b) Frequent replacement of members of the staff;
(c) Frequent and undesirable changes in the location of an office;
(d) The refusal to assign meaningful work;
(e) The issuance of letters of reprimand or evaluation of poor performance;
(f) A demotion;
(g) A reduction in pay;
(h) The denial of a promotion;
(i) A suspension;
(j) A dismissal;
(k) A transfer; or
(l) Frequent changes in working hours or workdays,
if such action is taken, in whole or in part, because the state officer or employee disclosed information concerning improper governmental action.
Sec. 6. 1. No state officer or employee may use the provisions of sections 2 to 8, inclusive, of this act to harass another state officer or employee.
2. The provisions of sections 2 to 8, inclusive, of this act do not prohibit a state officer or employee from initiating proper disciplinary procedures against another state officer or employee who discloses untruthful information concerning improper governmental action.
Sec. 7. Each year, the director of the department of personnel shall make available to each state officer and employee a written summary of sections 2 to 8, inclusive, of this act.
Sec. 8. Sections 2 to 7, inclusive, of this act are intended to be directory and preventive rather than punitive, and do not abrogate or decrease the effect of any of the provisions of NRS which define crimes or prescribe punishments with respect to the conduct of state officers or employees.
________
κ1991 Statutes of Nevada, Page 1994κ
Senate Bill No. 641Committee on Commerce and Labor
CHAPTER 608
AN ACT relating to hazardous substances; requiring the registration of facilities where hazardous substances are handled; requiring an assessment of the risks of each registered facility through an analysis of hazards; providing penalties; and providing other matters properly relating thereto.
[Approved July 4, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. As used in sections 2 to 34, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6.1, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Chemical accident means an unexpected discharge or emission into the environment, chemically caused, which causes death or substantial bodily harm to workers at the site or to the general public. The term includes a chemically caused fire or explosion.
Sec. 4. Division means the division of environmental protection of the state department of conservation and natural resources.
Sec. 5. Hazard means a characteristic of a:
1. Highly hazardous substance designated in section 7 of this act;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance; or
4. Process relating to a highly hazardous substance,
which makes possible a chemical accident.
Sec. 6. Regulated facility means a building, equipment and contiguous area where highly hazardous substances are produced, used, stored or handled.
Sec. 6.1. Risk means a risk posed by a highly hazardous substance that is produced, used, stored or handled at a regulated facility.
Sec. 6.3. The legislature hereby declares that the purposes of sections 2 to 34, inclusive, of this act are to:
1. Protect the health, safety and general welfare of the residents of this state from the effects of the improper handling of hazardous chemicals at the point where they are produced, used or stored in this state;
2. Ensure that the employees of this state who are required to work with hazardous chemicals are guaranteed a safe and healthful working environment;
3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardous chemicals into the environment; and
4. Ensure the safe and adequate handling of hazardous chemicals produced, used, stored or handled in this state.
Sec. 6.7. The provisions of sections 2 to 34, inclusive, of this act do not apply to any hazardous substances transported within or through this state which are regulated by the state or the United States Department of Transportation.
κ1991 Statutes of Nevada, Page 1995 (CHAPTER 608, SB 641)κ
which are regulated by the state or the United States Department of Transportation.
Sec. 7. 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)
Acetaldehyde ......................................................................... 75-07-0 2500
Acrolein (2-Propenal) .......................................................... 107-02-8 150
Acrytyl Chloride .................................................................... 814-68-6 250
Allyl Chloride ........................................................................ 107-05-1 1000
Allylamine .............................................................................. 107-11-9 1500
Alkylaluminums ..................................................................... None 5000
Ammonia, Anhydrous ........................................................... 7664-41-7 5000
Ammonia solutions (44% ammonia by weight) ............... 7664-41-7 10000
Ammonium Perchlorate ....................................................... 7790-98-9 7500
Ammonium Permanganate .................................................. 7787-36-2 7500
Arsine (also called Arsenic Hydride) ................................ 7784-42-1 100
Bis(Chloromethyl) Ether ...................................................... 542-88-1 100
Boron Trichloride ................................................................. 10294-34-5 2500
Boron Trifluoride .................................................................. 7637-07-2 250
Bromine ................................................................................... 7726-95-6 1500
Bromine Chloride ................................................................. 13863-41-7 1500
Bromine Pentafluoride ........................................................ 7789-30-2 2500
Bromine Trifluoride .............................................................. 7787-71-5 15000
3-Bromopropyne (also called Propargyl Bromide) ........ 106-96-7 7500
Butyl Hydroperoxide (Tertiary) .......................................... 75-91-2 5000
Butyl Perbenzoate (Tertiary) .............................................. 614-45-9 7500
Carbonyl Chloride (see Phosgene) ................................... 75-44-5 100
Carbonyl Fluoride ................................................................ 353-50-4 2500
Cellulose Nitrate (concentration 12.6% Nitrogen) ....... 9004-70-0 2500
Chlorine .................................................................................. 7782-50-5 1500
Chlorine Dioxide .................................................................. 10049-04-4 1000
Chlorine pentafluoride ........................................................ 13637-63-3 1000
Chlorine Trifluoride ............................................................. 7790-91-2 1000
Chlorodiethylaluminum (also called Diethylaluminum Chloride 96-10-6............................................................... 5000
1-Chloro-2,4-Dinitrobenzene ............................................. 97-00-7 5000
Chloromethyl Methyl Ether ................................................ 107-30-2 500
Chloropicrin .......................................................................... 76-06-2 500
Chloropicrin and Methyl Bromide mixture ..................... None 1500
Chloropicrin and Methyl Chloride mixture .................... None 1500
Cumene Hydroperoxide ....................................................... 80-15-9 5000
Cyanogen ............................................................................... 460-19-5 2500
Cyanogen Chloride .............................................................. 506-77-4 500
Cyanuric Fluoride ................................................................ 675-14-9 100
Diacetyl Peroxide (concentration 70%) ........ 110-22-5 5000
κ1991 Statutes of Nevada, Page 1996 (CHAPTER 608, SB 641)κ
Diacetyl Peroxide (concentration 70%) ........................... 110-22-5 5000
Diazomethane ........................................................................ 334-88-3 500
Dibenzoyl Peroxide .............................................................. 94-36-0 7500
Diborane ................................................................................. 19287-45-7 100
Dibutyl Peroxide (Tertiary) ................................................. 110-05-4 5000
Dichloro Acetylene ............................................................... 7572-29-4 250
Dichlorosilane ....................................................................... 4109-96-0 2500
Diethylzinc ............................................................................. 557-20-0 10000
Diisopropyl peroxydicarbonate ......................................... 105-64-8 7500
Dilauroyl Peroxide ............................................................... 105-74-8 7500
Dimethyl Sulfide .................................................................... 75-18-3 100
Dimethyldichlorosilane ....................................................... 75-78-5 1000
Dimethylhydrazine, 1.1- ....................................................... 57-14-7 1000
Dimethylamine, Anhydrous ................................................. 124-40-3 2500
Ethyl Methyl Ketone Peroxide (also Methyl Ethyl Ketone peroxide; concentration 60%) ....................................................... 1338-23-4 5000
Ethyl Nitrite ........................................................................... 109-95-5 5000
Ethylamine ............................................................................. 75-04-7 7500
Ethylene Fluorohydrin ........................................................ 371-62-0 100
Ethylene Oxide ...................................................................... 75-21-8 5000
Ethyleneimine ........................................................................ 151-56-4 1000
Fluorine .................................................................................. 7782-41-4 1000
Formaldehyde (concentration 90%) ................................. 50-00-0 1000
Furan ....................................................................................... 110-00-9 500
Hexafluoroacetone ............................................................... 684-16-2 5000
Hydrochloric Acid, Anhydrous ........................................... 7647-01-0 5000
Hydrofluoric Acid, Anhydrous ........................................... 7664-39-3 1000
Hydrogen Bromide ................................................................ 10035-10-6 5000
Hydrogen Chloride ............................................................... 7647-01-0 5000
Hydrogen Cyanide, Anhydrous .......................................... 74-90-8 1000
Hydrogen Fluoride ............................................................... 7664-39-3 1000
Hydrogen Peroxide (52% by weight or more) ................. 7722-84-1 7500
Hydrogen Selenide ............................................................... 7783-07-5 150
Hydrogen Sulfide .................................................................. 7783-06-4 1500
Hydroxylamine ...................................................................... 7803-49-8 2500
Iron, pentacarbonyl- ............................................................ 13463-40-6 250
Isopropyl Formate ................................................................ 625-55-8 500
Isopropylamine ...................................................................... 75-31-0 5000
Ketene ..................................................................................... 463-51-4 100
Methacrylaldehyde ............................................................... 78-85-3 1000
Methacryloyl Chloride ........................................................ 920-46-7 150
Methacryloyloxyethyl Isocyanate ...................................... 30674-80-7 100
Methyl Acrylonitrile ............................................................. 126-98-7 250
Methylamine, Anhydrous ..................................................... 74-89-5 1000
Methyl Bromide ..................................................................... 74-83-9 2500
Methyl Chloride .................................................................... 74-87-3 15000
Methyl Chloroformate ......................................................... 79-22-1 500
Methyl Disulfide .................................................................... 624-92-0 100
Methyl Ethyl Ketone Peroxide (concentration 60%) ..... 1336-23-4 5000
Methyl Fluoroacetate ...................................... 453-18-9 100
κ1991 Statutes of Nevada, Page 1997 (CHAPTER 608, SB 641)κ
Methyl Fluoroacetate .......................................................... 453-18-9 100
Methyl Fluorosulfate ........................................................... 421-20-5 100
Methyl Hydrazine .................................................................. 80-34-4 100
Methyl Iodide ......................................................................... 74-88-4 7500
Methyl Isocyanate ................................................................. 624-83-9 250
Methyl Mercaptan ................................................................ 74-93-1 5000
Methyl Vinyl Ketone ............................................................. 79-84-4 100
Methyltrichlorosilane .......................................................... 75-79-6 500
Nickel Carbonyl (Nickel Tetracarbonyl) .......................... 13463-39-3 150
Nitric Acid (94.5% by weight or greater) ......................... 7697-37-2 500
Nitric Oxide ............................................................................ 10102-43-9 250
Nitroaniline (para Nitroaniline) ....................................... 100-01-6 5000
Nitromethane ......................................................................... 75-52-5 2500
Nitrogen Dioxide .................................................................. 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3) ...................... 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen Peroxide) ..... 10544-72-6 250
Nitrogen Trifluoride ............................................................. 7783-54-2 5000
Nitrogen Trioxide ................................................................. 10544-73-7 250
Oleum (65% to 80% by weight; also called Fuming Sulfuric Acid) 8014-94-7.......................................................... 1000
Osmium Tetroxide ................................................................. 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide) ......................... 7783-41-7 100
Ozone ....................................................................................... 10028-15-6 100
Pentaborane .......................................................................... 19624-22-7 100
Peracetic Acid (also called Peroxyacetic Acid) .............. 79-21-0 5000
Perchloric Acid (concentration 60%) ............................... 7601-90-3 5000
Perchloromethyl Mercaptan ............................................... 594-42-3 150
Perchloryl Fluoride .............................................................. 7616-94-6 5000
Peroxyacetic Acid (Concentration 60%; also called Peracetic Acid) 79-21-0............................................................... 5000
Phosgene (also called Carbonyl Chloride) ..................... 75-44-5 100
Phosphine (hydrogen Phosphide) ..................................... 7803-51-2 100
Phosphorus Oxychloride (also called Phosphoryl Chloride 10025-87-3........................................................ 1000
Phosphorus Trichloride ....................................................... 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus Oxychloride) 10025-87-3........................................................ 1000
Propargyl Bromide ............................................................... 106-96-7 7500
Propyl Nitrate ........................................................................ 627-3-4 2500
Sarin ........................................................................................ 107-44-8 100
Selenium Hexafluoride ........................................................ 7783-79-1 1000
Stibine (Antimony Hydride) ................................................ 7803-52-3 500
Sulfur Dioxide (liquid) ......................................................... 7446-09-5 1000
Sulfur Pentafluoride ............................................................ 5714-22-7 250
Sulfur Tetrafluoride ............................................................. 7783-60-0 250
Sulfur Trioxide (also called Sulfuric Anhydride)............ 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur Trioxide) ........... 7446-11-9 1000
Tellurium Hexafluoride ....................................................... 7783-80-4 250
Tetrafluoroethylene .............................................................. 116-14-3 5000
Tetrafluorohydrazine ...................................... 10036-47-2 5000
κ1991 Statutes of Nevada, Page 1998 (CHAPTER 608, SB 641)κ
Tetrafluorohydrazine ........................................................... 10036-47-2 5000
Tetramethyl Lead .................................................................. 75-74-1 7500
Thionyl Chloride ................................................................... 7719-09-7 250
Trichloro(chloromethyl) Silane ......................................... 1558-25-4 100
Trichloro(dichlorophenyl) Silane ..................................... 21737-85-5 2500
Trichlorosilane ...................................................................... 10025-78-2 5000
Trifluorochloroethylene ...................................................... 79-38-9 10000
Trimethyoxysilane ................................................................. 2487-90-3 1500
2. The division, in consultation with the health division of the department of human resources and the division of occupational safety and health of the department of industrial relations shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 8. 1. The division shall adopt such regulations as are necessary to carry out the purposes and enforce the provisions of sections 2 to 34, inclusive, of this act.
2. The division shall make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
Sec. 8.5. 1. The health division of the department of human resources, the division of occupational safety and health of the department of industrial relations and any other governmental entity or agency of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances shall submit to the division such reports as the division deems necessary to carry out the provisions of sections 2 to 34, inclusive, of this act. The reports must be submitted at such times and contain such information as required by the division.
2. The division shall adopt by regulation common reporting forms to be used by such governmental entities and agencies when reporting information related to hazardous substances and regulated facilities.
3. The division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and agencies of the state responsible for minimizing risks to persons and property posed by regulated facilities and hazardous substances to ensure that they are sufficient to carry out the provisions of sections 2 to 34, inclusive, of this act.
4. If the division and any other governmental entity or agency of the state have coexisting jurisdiction over the regulation of regulated facilities or hazardous substances located at such facilities, the division has the final authority to take such actions as are necessary to carry out the provisions of sections 2 to 34, inclusive, of this act.
Sec. 9. 1. The division may enter any facility:
(a) During normal business hours; and
κ1991 Statutes of Nevada, Page 1999 (CHAPTER 608, SB 641)κ
(b) At any other time if there is probable cause to believe that a violation of any of the provisions of sections 2 to 34, inclusive, of this act, or any regulation adopted pursuant thereto, has occurred,
to verify compliance with the provisions of sections 2 to 34, inclusive, of this act and the quality of all work performed pursuant to those sections except that the owner or operator of a facility need not employ any personnel solely to assure access to the facility by the division when this access would otherwise be impossible.
2. The division shall develop, adopt by regulation and enforce a system of recordkeeping. The system must:
(a) Require the owner or operator of each facility registered pursuant to section 13 of this act to report to the division on all efforts to assess and reduce risks undertaken, all continuing maintenance, all unanticipated and unusual events, and any other information the division finds appropriate; and
(b) Be so designed as to prevent the destruction or alteration of information and data contained in those records.
3. Within 30 days after each anniversary of the date on which the plan to reduce accidents was first put into effect, the owner or operator of a regulated facility shall file an annual report of compliance with the division. This annual report must include a report of progress describing in detail all actions taken to comply with the schedule of abatement set forth in the plan, including itemization of abatements accomplished and steps taken to accomplish abatements in accordance with the schedule. The annual report of compliance must be signed and certified as a report on safety and must be in a form and be accompanied by documentation showing compliance in accordance with the regulations of the division.
4. Within 30 days after receiving the annual report of compliance, the division shall conduct at the facility a confirmation and evaluation of the accuracy of the report and independent determination of the status of compliance with the schedule of abatement. The divisions findings must be reduced to writing and made available to the public within 60 days after the date of filing of the report.
Sec. 10. 1. The division shall charge and collect an inventory fee from each person who is required to register pursuant to the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. No. 99-499). The inventory fee is $100 and must be used by the division to cover the costs incurred in developing the inventory of regulated facilities pursuant to section 13 of this act. Each such registrant shall pay the inventory fee one time only and is not required to pay an inventory fee for each separately located facility.
2. In addition, each registrant who is the owner of a regulated facility shall pay to the division an annual fee based on the fiscal year. The annual fee for each registrant is the sum of a base fee set by the state environmental commission and any additional fee imposed by the commission pursuant to subsection 3. The annual fee must not be prorated or refunded.
3. The state environmental commission may impose an additional fee upon each registrant who is the owner of a regulated facility in an amount determined by the commission to be necessary to enable the division to carry out its duties pursuant to sections 2 to 34, inclusive, of this act. The additional fee must be based on a graduated schedule adopted by the commission which takes into consideration the volume of hazardous substances located at each facility.
κ1991 Statutes of Nevada, Page 2000 (CHAPTER 608, SB 641)κ
takes into consideration the volume of hazardous substances located at each facility.
4. After the initial inventory and the payment of the initial annual fee, the division shall send each registrant who is the owner of a regulated facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.
5. All fees collected pursuant to this section and any interest earned thereon must be deposited with the state treasurer for credit to the fund for precaution against chemical accidents, which is hereby created as a special revenue fund.
Sec. 11. (Deleted by amendment.)
Sec. 12. 1. Each owner or operator of a new regulated facility shall, with 10 days after the opening of the facility, tender the base fee and any additional fee imposed by the state environmental commission of the state department of conservation and natural resources pursuant to subsection 2 of section 10 of this act for the first fiscal year with the form for registration of the facility.
2. Each owner or operator of a regulated facility registering a new highly hazardous substance at the facility shall tender the fee computed from the inventory of the highly hazardous substance when he registers the substance.
Sec. 13. 1. The division shall develop and issue a form for registration to be completed by the owner or operator of each facility in the state which at any time produces, uses, stores or handles any highly hazardous substance in the quantity required to make it hazardous, or more. This form must provide, in addition to any other information that may be required by the division:
(a) A list of the highly hazardous substances produced, used, stored or handled at the facility and the quantity of each, which must identify whether those substances are end products, intermediate products, by-products or waste products;
(b) A general description of the process and principal equipment involved in the management of the substances;
(c) A description of the area in which the facility is situated, including its proximity to population and water supplies;
(d) The extent to which the hazards of the facility have been identified, evaluated and abated, and the expert knowledge and affiliation of the evaluators and any direct or indirect relationship between the evaluators and the owner or operator of the facility; and
(e) The name or names of all insurance carriers underwriting the environmental liability of the facility and the scope of these policies, including any limitations and exclusions.
2. Within 90 days after a substance is added to the list of highly hazardous substances and within 10 days after a listed substance is newly introduced into a facility, the owner or operator of the facility shall file with the division the registration form developed and issued by the division and the report on safety of the facility required by section 14 of this act.
Sec. 14. 1. The owner or operator of each regulated facility shall prepare and provide to the division a written report on safety for the facility. This report must disclose, in addition to other information required by the division:
κ1991 Statutes of Nevada, Page 2001 (CHAPTER 608, SB 641)κ
(a) The magnitude of any hazard at the regulated facility, and the likelihood of a chemical accidents resulting from the hazard;
(b) The number of people whose health or safety might be affected by a chemical accident;
(c) Systems of management and arrangements for staffing for the control of any of the hazards;
(d) The systems and procedures for the control of these hazards;
(e) The qualification, experience and training of personnel concerned;
(f) Documentation concerning design, operation and maintenance of systems to improve safety;
(g) Plans for emergencies at the facility; and
(h) Involvement in planning for emergencies near the facility.
2. The information required in the report must be kept current by the owner or operator of each regulated facility. Reports must be refiled with the division at least every 3 years, or sooner if there are substantial informational changes made to the report on file with the division.
Sec. 15. 1. The owner or operator of a facility shall submit the facility to an assessment of risks through analysis of hazards at least every 5 years. The assessment must be conducted by a person or persons who possess the qualifications required pursuant to section 18 of this act and are selected by the owner or operator with the approval of the division.
2. In addition to other duties deemed necessary by the owner or operator or the division, the person conducting the assessment shall confirm the accuracy of the facilitys current registration and report on safety.
3. The person conducting the assessment shall, at the conclusion of the assessment, issue a report of findings, conclusions and recommendations. One executed original of this report must be sent by the consultant directly to the division.
Sec. 16. 1. All forms for registration, reports on safety and reports on the assessment of risk through analysis of hazards must contain a certification in one of the following two forms:
(a) I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false, inaccurate or incomplete information, including fines or imprisonment, or both.
(b) I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and that based on my inquiry of the natural persons immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant civil and criminal penalties for submitting false information, including the possibility of fines or imprisonment, or both.
2. The certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.
Sec. 16.5. 1. Within 60 days after receiving a completed form for registration and the annual fee from the owner or operator of a facility, the division shall establish for that facility a schedule for the assessment of risks through the analysis of hazards which is based on a priority system that is established considering the volume of hazardous substances at the facility and the population potentially affected by those substances.
κ1991 Statutes of Nevada, Page 2002 (CHAPTER 608, SB 641)κ
through the analysis of hazards which is based on a priority system that is established considering the volume of hazardous substances at the facility and the population potentially affected by those substances.
2. The state environmental commission of the state department of conservation and natural resources shall adopt regulations for the establishment of a priority system.
Sec. 17. 1. The owner or operator of a regulated facility shall, within 60 days after being notified by the division of the schedule established for the facility pursuant to section 16.5 of this act, designate a person or persons who are capable of performing an assessment of risks through analysis of hazards on its facility.
2. If any personnel of a regulated facility possess the necessary qualifications to conduct the assessment, the owner or operator of that facility may designate any of those persons to conduct the assessment.
3. Each person designated to conduct the assessment shall present appropriate documentation demonstrating his ability to perform the assessment. The documentation must include:
(a) The persons qualifications in:
(1) Engineering related to chemical processes;
(2) Engineering related to safety;
(3) Preparation of operating procedures;
(4) Preparation or review of procedures for maintenance;
(5) Preparation or review of procedures for safety;
(6) Preparation or review of programs to train operators;
(7) Performance or review of investigations of accidents;
(8) Performance of analyses of hazards;
(9) Performance of risk assessments of risk;
(10) Preparation or review of plans for response to emergencies;
(11) Performance of audits of programs to manage risks; and
(12) Knowledge of the state of the art as it relates to the technology of the processes used;
(b) The qualifications and experience of additional personnel who may be assigned as needed; and
(c) The level of effort to be dedicated and a schedule, including the total time, for performing the assessment including the following:
(1) Names of personnel assigned;
(2) Expected dates of starting and completion;
(3) Estimated total hours for all personnel; and
(4) Scope and extent of usage of collateral items such as computers and outside consultants.
Sec. 18. 1. The documentation presented pursuant to section 17 of this act must be accompanied by a clear and concise written description of how the person designated to conduct the assessment of risks through analysis of hazards is going to treat each element of the assessment.
2. The division shall adopt regulations which set forth the qualifications required of persons who conduct assessments. The regulations must:
(a) Require the personnel who are to conduct an assessment to have completed collectively at least one previous project in each of the 12 areas of experience listed in subsection 3 of section 17 of this act;
κ1991 Statutes of Nevada, Page 2003 (CHAPTER 608, SB 641)κ
(b) Set forth the professional experience required for key members of the staff and require one of those members to be a licensed professional engineer;
(c) Set forth the managerial experience required for the leader of the task force;
(d) Set forth the training and experience required for the technical leader of the assessment; and
(e) Set forth the training, professional experience and accumulated experience required for assisting members of the staff.
3. The resumes of the personnel who are to conduct the assessment must be submitted to the division and must demonstrate that collectively the staff has the qualifications required by the division.
Sec. 19. 1. Within 30 days after receiving the names of the persons designated to conduct the assessment of risk through analysis of hazards and supporting documentation from the owner or operator of a facility, the division may approve or reject the persons designated to perform the assessment and make the report. If the division rejects the names of the persons designated on two separate occasions, the division may select the persons to conduct the assessment.
2. Any assessment must be conducted pursuant to the following conditions:
(a) The work must be performed in a complete, professional and independent manner.
(b) The division may stop work on the assessment if it finds that it is not in compliance with the requirements of sections 2 to 34, inclusive, of this act or the regulations adopted pursuant thereto.
(c) Whenever required by the division, the leader of the assessment team shall be available to consult with the division with regard to reports of progress and questions with regard to the report, and be available to testify at public hearings with regard to the preparation of the report and the report itself.
(d) Neither the State of Nevada nor the division is responsible or liable for any money owing to the person conducting the assessment or for the performance of any obligation.
Sec. 20. 1. The person who conducted the assessment shall prepare and provide to the division and the facility a written report of assessment of the risk through analysis of the hazard, which must use as its standard the best available technology for control and must include findings, conclusions and recommendations.
2. The report must be written in a format that will permit its publication. To the extent that any portion of the report requires discussion of trade secrets, that information must be contained in a severable addendum to the report. In writing the report, the person who conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the reports findings, conclusions and recommendations.
3. A trade secret is entitled to protection under this section only if:
(a) The registrant of the facility has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
κ1991 Statutes of Nevada, Page 2004 (CHAPTER 608, SB 641)κ
employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the registrant; and
(d) The chemical identity of a substance, if that is the trade secret, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
Sec. 21. The findings of the person who conducted the assessment must include, without limitation:
1. The identity and quality of all highly hazardous substances produced, used, stored, handled, or that could unwittingly be produced in the event of a breakdown of equipment, human error, defect in design or procedural failure, or the imposition of an external force;
2. The nature, age and condition of all of the equipment and instruments involved in the handling and management of a highly hazardous substance at the facility, and the schedules for their testing and maintenance;
3. The measures and precautions designed to protect against the intrusions of internal or external forces and events, or to control or contain discharges within the facility;
4. Any training or managerial practices in place which impart knowledge to appropriate personnel regarding the dangers posed by a release of a highly hazardous substance and the training provided to prepare them for the safe operation of the facility and for unanticipated occurrences;
5. Any other preventive maintenance, capability to respond at the facility to an emergency, or other internal mechanism developed to safeguard against the occurrence of an accidental release of a highly hazardous substance or any other aspect or component of the facility deemed relevant by the division;
6. The practices, procedures and equipment designed to forestall a hazard at the covered facility; and
7. Any other information which is relevant to carry out the purposes of the report.
Sec. 22. The conclusions of the person who conducted the assessment must include, without limitation:
1. The nature and magnitude of any hazard at the regulated facility;
2. The likelihood of a chemical accident resulting from the hazard at the regulated facility;
3. The circumstances that would result in a discharge of a highly hazardous substance at the regulated facility;
4. The effectiveness of the systems and procedures for safety at the regulated facility and for the control of any hazards; and
5. Any other information which is relevant for purposes of the report.
Sec. 23. The recommendations of the person who conducted the assessment must include, without limitation, the following information if applicable to the facility:
κ1991 Statutes of Nevada, Page 2005 (CHAPTER 608, SB 641)κ
1. Alternative processes, procedures or equipment which might reduce the risk of a release of a highly hazardous substance at the regulated facility while yielding the same or commensurate results;
2. The need for change in a process;
3. The need for a chemical substitution or change;
4. The need for additional safety equipment;
5. The need for a mitigation system;
6. The need for additional preventive maintenance or responses at the facility to emergencies, to safeguard against a hazard;
7. The need for additional planning near the facility to meet emergencies;
8. A detailed plan to abate hazards suitable for adoption as an accident reduction plan to reduce accidents; and
9. Any other information which is relevant for purposes of the report.
Sec. 24. 1. Within 5 days after the division receives a report of assessment of risk through analysis of hazards, the division shall:
(a) Send written notice, by registered or certified mail, to the owner of the facility, giving him 30 days after receipt of the notice in which to propose and submit to the division written modifications to the plan to abate hazards proposed by the person who conducted the assessment; and
(b) By publication and use of public-service announcements, inform the public of the divisions receipt of the report, the facility to which the report applies, and where the report may be reviewed by the public and a copy obtained for the cost of publication.
2. The division, within the same 30 days, shall also submit to the owner of the facility any written modifications of its own to the proposed plan.
3. If, within the 30 days provided, neither the division nor the owner of the facility proposes any written modifications to the proposed plan, then the plan to abate hazards automatically becomes the plan to reduce accidents and must be put into effect on the day after the expiration of the 30 days.
Sec. 25. 1. Proposed modifications prepared and submitted by the owner of the facility or the division must include:
(a) Detailed reasons and justifications for all modifications proposed;
(b) A showing that the risks to the public are no greater under the proposed modifications than the risks would have been had no modifications been proposed; and
(c) A complete restatement of the plan with brackets placed around language proposed to be deleted from the plan and italics or underscoring to represent language to be added to the plan.
2. Proposed written modifications submitted by either the division or the owner of the facility must be disseminated by the division to the press, the public and any interested party, at cost of reproduction to the division.
Sec. 26. 1. If the division or the owner of the facility proposes written modifications to the proposed plan to abate hazards, then the division, within 5 days after the expiration of the period for proposing modifications, shall cause to be published a notice specifying the plan to which modifications have been submitted and specifying a time and place for a public hearing on the proposed modifications.
2. The notice of the public hearing must be given by certified or registered mail to the owner of the facility and by one publication in the newspapers of general circulation within the area of the facility, at least 10 days before the day of the hearing.
κ1991 Statutes of Nevada, Page 2006 (CHAPTER 608, SB 641)κ
general circulation within the area of the facility, at least 10 days before the day of the hearing. The public and any interested parties are entitled to participate in the hearing with regard to the proposed modifications to the plan.
3. The public hearing must be conducted no less than 30 days after the submission of the divisions or the owners proposed modifications to the plan.
4. At the public hearing the division shall accept testimony and evidence from the division, the owner of the facility and the public. The transcript of presented testimony and evidence, together with all papers submitted before and at the hearing, constitute the exclusive record of the proceeding. A complete record of the hearing must be made available to each party and to the public, at the cost of reproduction to the division.
Sec. 27. 1. Within 30 days after the conclusion of the public hearing, the division shall issue a written decision based upon the record of the public hearing, setting forth its findings, conclusions and plan to reduce accidents, which must consist of the proposed plan to abate hazards modified in accordance with the findings of the division. Notice of the divisions decision and order must be given by certified or registered mail to the owner of the facility and any other interested parties who requested a copy at the public hearing.
2. The divisions plan to reduce accidents, including the schedule of abatement, becomes effective 10 days after the mailing of the notice to the owner of the facility as a final decision and is binding on all parties. The owner of the facility shall comply with the requirements of the plan including the schedule of abatement.
3. The division shall make a special inspection of the affected facility to verify and ensure that the owner complies with the plan and schedule of abatement.
Sec. 28. As used in sections 28 to 31, inclusive, of the act, unless the context otherwise requires, committee means a committee to oversee the management of risks, created pursuant to section 29 of this act.
Sec. 29. 1. When there is an accident which poses a significant danger to public health and safety, or a near accident of this nature, in a facility or a group of facilities, or when the governor declares that a committee to oversee the management of risks in a facility, or group of facilities, would be in the best interests of the public health and safety, the governor shall create such a committee for the facility or group of facilities which may represent a catastrophic threat to public health and safety.
2. To the extent practicable, the governor shall appoint the members of the committee from the membership of the state emergency response commission.
3. The governor shall appoint to the committee at least three persons who represent the facility or group of facilities which may represent a catastrophic threat to public health and safety.
4. The governor shall appoint the chairman and may appoint a co-chairman of the committee from among the members.
5. The division shall provide to the committee necessary resources such as clerical assistance and funding sufficient for the committee to perform its duties.
κ1991 Statutes of Nevada, Page 2007 (CHAPTER 608, SB 641)κ
Sec. 30. 1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal operations of the facility will not be disrupted, a committee is entitled to receive from the facility such records and documents as the committee demonstrates are required to carry out its duties. The committee is entitled to receive only those records and documents which cannot be obtained from the division.
2. A committee is entitled to receive from any governmental entity or agency records, documents and other materials relevant to the committees review and evaluation of the facility to carry out its duties.
3. In carrying out its duties a committee and the attorney general may, by subpena, require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary. Before obtaining such a subpena, the committee or the attorney general shall request the attendance of the witness or the production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to attend or produce the reports, documents or other evidence, the committee and the attorney general may obtain the subpena requiring him to do so.
4. In carrying out its duties, a committee may make informal inquiry of persons or entities with knowledge relevant to the committees review and evaluation of the facility it oversees. Any committee which makes such informal inquiries shall advise the facility of those inquiries and of the results of the inquiries.
5. If the owner of a facility claims that the disclosure of information to a committee will reveal a trade secret or confidential information, the owner must specifically identify such information as confidential. When such an identification has been made, the provisions of section 20 of this act apply.
6. A committee or its authorized representative may, to carry out its duties enter and inspect the facility overseen, its records and other relevant materials. Before such an inspection is made, the committee shall provide reasonable notice to the facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be disrupted.
7. The attorney general is counsel and attorney to each committee for the purposes of carrying out its duties and powers.
8. The members of a committee may make public comment with regard to their review and evaluation of the facility it oversees. At least 24 hours before making any formal comment, the committee shall advise the facility of its intention to do so and provide the facility with a summary of the comments that will be made.
9. A committee may review and make recommendations to the reviewing authority as to any applications for permits to construct, substantially alter or operate submitted by a facility which has been the subject of the committees review and evaluation.
Sec. 31. 1. A committee shall conduct a comprehensive review and evaluation of the following with respect to each facility within its jurisdiction:
(a) The degree of compliance with sections 2 to 34, inclusive, of this act, the applicable fire codes, the regulations, standards and safety orders of the division of occupational safety and health of the department of industrial relations, the rules, regulations and standards of the state environmental commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;
κ1991 Statutes of Nevada, Page 2008 (CHAPTER 608, SB 641)κ
commission and any other standards adopted by the Federal Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;
(b) The effectiveness of the respective governmental entities and their agencies enforcement of their respective rules, regulations, standards, codes and safety orders; and
(c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is located in responding to risks posed to the persons and property located within the zone of risk.
2. A committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the effective enforcement of the various governmental entities and agencies rules, regulations, standards, codes and safety orders. A committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize the duplication of records, reports or other information.
3. A committee shall issue a final report of its comprehensive review and evaluation together with any recommendations. A committee shall make such interim reports as it or the governor may deem in the public interest. The division shall distribute the reports to the governor, members of the committee, local governments within the zone of risk, the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the committees review and evaluation, and the local media. Copies of the final written report must be made available to the public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual written reports.
Sec. 32. 1. Any records, reports or information obtained pursuant to sections 2 to 34, inclusive, of this act must be made available to the public for inspection and copying. If protection of a trade secret pursuant to section 20 of this act requires a deletion, the deletion must be limited to that information essential for compliance. In the event of deletion, the division shall substitute language generally describing what was deleted, without revealing the trade secret, so that the information contained in the record or report is comprehensible.
2. The person requesting the copy or copies of the public records, shall tender or pay to the division such fee as may be prescribed for the service of copying.
Sec. 33. 1. If any person violates any of the provisions of sections 2 to 27, inclusive, of this act or any regulation or order adopted or issued pursuant thereto, the division may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
2. Any person who violates a provision of sections 2 to 27, inclusive, of this act or any regulation or order adopted pursuant thereto is liable to a civil administrative penalty as set forth in section 34 of this act. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.
κ1991 Statutes of Nevada, Page 2009 (CHAPTER 608, SB 641)κ
additional, separate and distinct offense. No civil administrative penalty may be levied until after notification to the violator by certified mail or personal service. The notice must include a reference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the civil penalties to be imposed, and a statement of the violators right to a hearing. The violator has 20 days after receipt of the notice within which to deliver to the division a written request for a hearing. After the hearing if requested, and upon a finding that a violation has occurred, the administrator of the division may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other provisions for enforcement of sections 2 to 32, inclusive, of this act, and the payment of a civil administrative penalty does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.
Sec. 34. 1. The civil administrative penalties are:
Category of Offense Penalty in U.S. Dollars
A. Failure to register a new or existing regulated facility: $25,000 plus $2,000 per day
from the due date
B. Failure to pay annual fee: 75 percent of the fee
C. Failure to submit a safety report: $10,000 plus $1,000 per day
from the due date
D. Failure to conduct an assessment of risk through analysis of hazards pursuant to the conditions set forth in section 19 of this act: $25,000
E. Failure to put into effect plan: $50,000
F. Failure to comply with plan to reduce accidents and schedule of compliance: up to $5,000
G. Failure to comply with approved plan to reduce accidents, each requirement: up to $10,000
H. Failure to provide information requested by the division: $25,000
I. Failure to grant access to employees or agents of division for inspections: $25,000
J. Failure to provide information or grant access to employees or agents of division during an emergency: $50,000
K. Falsification of information submitted to division: up to $10,000 per incident
κ1991 Statutes of Nevada, Page 2010 (CHAPTER 608, SB 641)κ
2. The division may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.
4. Any person who violates any of the provisions of sections 2 to 27, inclusive, of this act, or any regulation or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of section 33 of this act or a court order issued pursuant to subsection 1 of section 33 of this act or who fails to pay a civil administrative penalty in full is subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each days continuance of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be recovered with costs in a summary proceeding by the attorney general.
Sec. 35. The division of environmental protection of the state department of conservation and natural resources shall submit to the 67th session of the Nevada legislature a report which contains:
1. A summary of the regulations which have been adopted pursuant to sections 2 to 34, inclusive, of this act;
2. The schedule for conducting assessments of risks through analysis of hazards which has been established for regulated facilities in this state;
3. The priority system established pursuant to section 16.5 of this act; and
4. A summary of the progress being made to carry out the purposes of sections 2 to 34, inclusive, of this act and any recommended legislation which may be required.
Sec. 36. 1. This act becomes effective upon passage and approval for the purposes of:
(a) Adopting regulations which are necessary to carry out the provisions of sections 2 to 34, inclusive, of this act.
(b) Establishing a schedule for conducting assessments of risks through analysis of hazards. In establishing this schedule, the division of environmental protection of the state department of conservation and natural resources shall ensure that those regulated facilities which have the highest degree of risk based on volume of hazardous substances at the facilities and the population potentially affected by those substances, are assessed before those facilities with a lower degree of risk.
(c) Training and hiring necessary personnel who are knowledgeable in the areas of experience listed in subsection 3 of section 17 of this act and who are qualified to administer and conduct assessments of risks through analysis of hazards and to review and interpret the documents and reports related thereto.
(d) Collecting those fees authorized to be collected by subsection 3.
2. For all other purposes this act becomes effective on July 1, 1992.
κ1991 Statutes of Nevada, Page 2011 (CHAPTER 608, SB 641)κ
3. The division of environmental protection may begin collecting the inventory fee required by section 10 of this act on July 1, 1991. On or before July 1, 1992, each regulated facility shall pay its first annual fee for the fiscal year ending on June 30, 1993.
4. On or before January 1, 1992, the division of environmental protection shall issue forms for the registration of facilities and substances.
5. On or before July 1, 1992:
(a) Each person who is required to register pursuant to the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. No. 99-499), shall register his facilities and substances with the division of environmental protection; and
(b) Each regulated facility shall file its first report on safety. The owner or operator of a regulated facility may use documents prepared on or after July 1, 1989, to prepare the report if they comply with the requirements for such documents set forth in sections 2 to 34, inclusive, of this act and the owner or operator certifies that the information in those documents is accurate and reliable.
________
Senate Bill No. 554Committee on Commerce and Labor
CHAPTER 609
AN ACT relating to occupational safety and health; increasing various penalties for the violation of statutes relating to occupational safety and health; requiring monthly reports concerning industrial injuries and occupational diseases; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 618.315 is hereby amended to read as follows:
618.315 1. The division has authority over working conditions in all places of employment except as limited by subsection 2.
2. The authority of the division does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this state;
(c) Are regulated by the administrator of the division of mine inspection under the provisions of chapter 512 of NRS; or
(d) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.).
3. The division may:
(a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the division.
κ1991 Statutes of Nevada, Page 2012 (CHAPTER 609, SB 554)κ
order, state standards or regulations or federal standards, as adopted by the division.
(b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.
(c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.
(d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.
(e) Provide the method and frequency of making investigations, examinations and inspections.
(f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs for those publications.
(g) Furnish blank forms upon request.
(h) Provide for adequate notice to each employer or employee of his right to administrative review of any action or decision of the division as set forth in NRS 618.475 and 618.605 and to judicial review.
(i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.
(j) Appoint and fix the compensation of advisers who shall assist the division in establishing standards of safety and health. The division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.
Sec. 2. NRS 618.345 is hereby amended to read as follows:
618.345 1. The division shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the department, cover all employments.
2. To carry out the provisions of subsection 1, the division may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.
3. Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees must be reported by the employer orally or in writing to the nearest office of the division within 48 hours after the accident has occurred.
4. An industrial insurer shall provide to the division a monthly report indicating the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employers Standard Industrial Classification or his classification for the purposes of industrial insurance. The division shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, industrial insurer has the meaning ascribed to the term insurer in NRS 616.1103.
κ1991 Statutes of Nevada, Page 2013 (CHAPTER 609, SB 554)κ
5. All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.
[5.] 6. The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.
[6.] 7. Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.
Sec. 3. NRS 618.635 is hereby amended to read as follows:
618.635 Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine of not more than [$10,000] $70,000 for each violation [.] , but not less than $5,000 for each willful violation.
Sec. 4. NRS 618.645 is hereby amended to read as follows:
618.645 Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, [as defined,] must be assessed an administrative fine of not more than [$2,000] $7,000 for each such violation . [and if] If a violation is specifically determined to be of a nonserious nature an administrative fine of not more than [$2,000] $7,000 may be assessed.
Sec. 5. NRS 618.655 is hereby amended to read as follows:
618.655 Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction may be assessed an administrative fine of not more than [$2,000] $7,000 for each day during which the failure or violation continues. If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the division.
Sec. 6. NRS 618.675 is hereby amended to read as follows:
618.675 1. An employer who fails to post the notice and records as required under the provisions of this chapter must be assessed an administrative fine of not more than [$2,000] $7,000 for each violation.
2. An employer who fails to maintain the notice or notices and records required by this chapter must be assessed an administrative fine of not more than [$2,000] $7,000 for each violation.
Sec. 7. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 2014κ
Senate Bill No. 655Committee on Taxation
CHAPTER 610
AN ACT relating to taxation; revising Assembly Bill No. 104 of this session to change the manner in which the initial taxes are imposed in Washoe County and make technical corrections to the formula for the distribution of the proceeds of the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Assembly Bill No. 104 of this session is hereby amended by adding thereto a new section designated section 32.5, following section 32, to read as follows:
Sec. 32.5. Notwithstanding the provisions of sections 29 to 32, inclusive, of this act, or NRS 244.100, the board of county commissioners of Washoe County may, on or before September 1, 1991, adopt ordinances imposing any of the taxes authorized pursuant to those sections in the following manner:
1. The board shall hold a public hearing to allow members of the public to present their opinions concerning the proposed ordinance. The board shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of a normal newspaper page.
2. The board may adopt or reject the ordinance, or the ordinance as amended, at the public hearing.
3. After adoption, the ordinance must be:
(a) Signed by the chairman of the board.
(b) Attested by the county clerk.
(c) Published by title only, together with the names of the county commissioners voting for or against their passage, in a newspaper published in and having a general circulation in the county, at least once a week for a period of 2 weeks before it goes into effect. Publication by title must also contain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the county clerk by all interested persons.
4. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication is necessary.
Sec. 2. Section 23 of Assembly Bill No. 104 of this session is hereby amended to read as follows:
Sec. 23. For the fiscal year 1991-1992, after determining the amount of the distributions required by NRS 377.057, as amended by this act, and section 22 of this act each month, the state controller shall:
1. Reduce the distributions by the amounts indicated for each of the following counties:
κ1991 Statutes of Nevada, Page 2015 (CHAPTER 610, SB 655)κ
Carson City $93,943
Churchill 57,881
Clark 187,047
Elko 257,394
Humboldt 97,414
Lander 4,134
2. Increase the [distributions by the amounts indicated for each of the following counties:
Douglas $16,006
Esmeralda 1,561
Eureka 4,843
Lincoln 2,251
Lyon 10,101
Mineral 3,431
Nye 8,621
Pershing 2,783
Storey 1,973
Washoe 697,813
White Pine 3,753]
distribution for Washoe County by $697,813.
Sec. 3. Section 26 of Assembly Bill No. 104 of this session is hereby amended to read as follows:
Sec. 26. [As soon as practicable after the effective date of this act, the] The state controller shall distribute the remaining balance of the emergency fund of the supplemental city-county relief tax to the local governments in the same proportion as the proceeds of the supplemental city-county relief tax were distributed for the 1990-1991 fiscal year [.] , after all appropriations made from the fund by the 66th session of the Nevada Legislature have been distributed.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1991 Statutes of Nevada, Page 2016κ
Senate Bill No. 35Committee on Commerce and Labor
CHAPTER 611
AN ACT relating to pharmacy; requiring a physicians assistant or advanced practitioner of nursing to pass an examination on the law relating to pharmacy before being authorized to dispense controlled substances, poisons, dangerous drugs or devices; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.1373 is hereby amended to read as follows:
639.1373 1. A physicians assistant may, if authorized by the board, possess, administer or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices in or out of the presence of his supervising physician only to the extent and subject to the limitations specified in the physicians assistants certificate as issued by the board.
2. Each physicians assistant who is authorized by his physicians assistants certificate issued by the board of medical examiners or the state board of osteopathic medicine to possess, administer or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices must apply for and obtain a registration certificate from the board , [and] pay a fee to be set by regulations adopted by the board and pass an examination administered by the board on the law relating to pharmacy before he can possess, administer or dispense controlled substances, or possess, administer, prescribe or dispense poisons, dangerous drugs or devices.
3. The board shall consider each application separately and may, even though the physicians assistants certificate issued by the board of medical examiners or the state board of osteopathic medicine authorizes the physicians assistant to possess, administer or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs and devices:
(a) Refuse to issue a registration certificate;
(b) Issue a registration certificate limiting the physicians assistants authority to possess, administer or dispense controlled substances, or to possess, administer, prescribe or dispense poisons, dangerous drugs or devices, the area in which the physicians assistant may possess controlled substances, poisons, dangerous drugs and devices, or the kind and amount of controlled substances, poisons, dangerous drugs and devices; or
(c) Issue a registration certificate imposing other limitations or restrictions which the board feels are necessary and required to protect the health, safety and welfare of the public.
4. If the registration of the physicians assistant is suspended or revoked, the physicians controlled substance registration may also be suspended or revoked.
5. The board shall adopt regulations controlling the maximum amount to be administered, possessed and dispensed, and the storage, security, recordkeeping and transportation of controlled substances and the maximum amount to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physicians assistants.
κ1991 Statutes of Nevada, Page 2017 (CHAPTER 611, SB 35)κ
to be administered, possessed, prescribed and dispensed and the storage, security, recordkeeping and transportation of poisons, dangerous drugs and devices by physicians assistants. In the adoption of such regulations, the board shall consider, but is not limited to, the following:
(a) The area in which the physicians assistant is to operate;
(b) The population of that area;
(c) The experience and training of the physicians assistant;
(d) The distance to the nearest hospital and physician; and
(e) The effect on the health, safety and welfare of the public.
6. For the purposes of this section, the term physicians assistant includes an osteopathic physicians assistant and the term supervising physician includes an employing osteopathic physician as defined in chapter 633 of NRS.
Sec. 2. NRS 639.1375 is hereby amended to read as follows:
639.1375 1. An advanced practitioner of nursing may dispense controlled substances, poisons, dangerous drugs and devices if he:
(a) Passes an examination administered by the state board of nursing on Nevada law relating to pharmacy and submits to the state board of pharmacy evidence of passing that examination;
(b) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
[(b)] (c) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. The board may set a single fee for the collective certification of advanced practitioners of nursing in the employ of a public or nonprofit agency and a different fee for the individual certification of other advanced practitioners of nursing.
2. The state board of pharmacy shall consider each application from an advanced practitioner of nursing separately, and may:
(a) Issue a certificate of registration limiting:
(1) The authority of the advanced practitioner of nursing nurse to dispense controlled substances, poisons, dangerous drugs and devices;
(2) The area in which the advanced practitioner of nursing may dispense;
(3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the advanced practitioner of nursing to dispense; and
(4) The practice of the advanced practitioner of nursing which involves controlled substances, poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public;
(b) Issue a certificate of registration without any limitation not contained in the certificate issued by the state board of nursing; or
(c) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
3. If a certificate of registration issued pursuant to this section is suspended or revoked, the board may also suspend or revoke the registration of the physician for and with whom the advanced practitioner of nursing is in practice to dispense controlled substances.
κ1991 Statutes of Nevada, Page 2018 (CHAPTER 611, SB 35)κ
4. The board shall adopt regulations setting forth the maximum amounts of any controlled substance, poison, dangerous drug and devices which an advanced practitioner of nursing who holds a certificate from the board may dispense, the conditions under which they must be stored, transported and safeguarded, and the records which each such nurse shall keep. In adopting its regulations, the board shall consider:
(a) The areas in which an advanced practitioner of nursing who holds a certificate from the board can be expected to practice and the populations of those areas;
(b) The experience and training of the nurse;
(c) Distances between areas of practice and the nearest hospitals and physicians;
(d) Effects on the health, safety and welfare of the public; and
(e) Other factors which the board considers important to the regulation of the practice of advanced practitioners of nursing who hold certificates from the board.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 812Committee on Transportation
CHAPTER 612
AN ACT relating to motor vehicles; reducing the tax on liquefied petroleum gas; requiring the state environmental commission to conduct public hearings and submit a report concerning the use of alternative fuels in certain motor vehicles; requiring the state environmental commission to adopt the laws of California concerning certain tests for emissions from vehicles; requiring the state board of agriculture to adopt certain standards for gasoline and diesel fuels for motor vehicles; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 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 a new section to read as follows:
1. The commission shall, by regulation, establish a program for the regulation of smoke and other emissions by inspection of heavy-duty motor vehicles that are powered by diesel fuel or gasoline. The program must be substantially similar to the program established in the State of California.
2. The director of the state department of conservation and natural resources shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to the program established pursuant to subsection 1 to determine its appropriateness for this state. The director shall recommend to the commission any such provisions which he deems necessary or appropriate to ensure that program remains substantially similar to the program established in the State of California.
κ1991 Statutes of Nevada, Page 2019 (CHAPTER 612, AB 812)κ
3. The commission shall adopt regulations concerning:
(a) The equipment used to measure smoke and other emissions of heavy-duty motor vehicles.
(b) The granting of a waiver from the provisions adopted by reference in this section, if compliance involves repair and equipment costs which exceed the limits established by the commission. The commission shall establish the limits in a manner which avoids unnecessary financial hardship to owners of heavy-duty motor vehicles.
4. As used in this section, a heavy-duty motor vehicle means a motor vehicle that has a manufacturers gross vehicle weight rating of 8,500 pounds or more.
Sec. 2. NRS 445.610 is hereby amended to read as follows:
445.610 As used in NRS 445.610 to 445.710, inclusive, [and] section 4 of [this act,] chapter 288, Statutes of Nevada 1991, and section 1 of this act, unless the context otherwise requires:
1. Approved inspector means a person licensed by the department of motor vehicles and public safety to inspect motor vehicles and devices for the control of pollution for an authorized station.
2. Authorized station means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the commission and for installing, repairing and adjusting such devices to meet the commissions requirements.
3. Commission means the state environmental commission.
4. Evidence of compliance includes a certificate issued when a motor vehicle has been inspected and:
(a) Has the required equipment; or
(b) Does not meet the requirements for the control of emissions after the repairs have been made and the commission waives compliance.
5. Fleet station means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.
6. Light-duty motor vehicle means a motor vehicle that has a manufacturers gross vehicle weight rating of less than 8,500 pounds.
7. Motor vehicle means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.
8. Passenger car has the meaning ascribed to it in NRS 484.101.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for a compulsory [motor vehicle emission] inspection program is limited as follows:
1. In a county whose population is 100,000 or more, on or after January 1, 1993, all passenger cars and light-duty motor vehicles which use diesel fuel and are being registered or reregistered are required to have evidence of compliance.
2. In areas which have been designated by the commission for inspection programs and which are located in counties [having a population of] whose populations are 100,000 or more, on or after October 1, 1983, all used motor vehicles being registered or reregistered are required to have evidence of compliance.
κ1991 Statutes of Nevada, Page 2020 (CHAPTER 612, AB 812)κ
vehicles being registered or reregistered are required to have evidence of compliance.
[2.] 3. In designated areas in other counties where the commission puts a program into effect, on or after October 1, 1983, all used motor vehicles being registered are required to have evidence of compliance.
[3.] 4. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the commission.
Sec. 5. NRS 445.640 is hereby amended to read as follows:
445.640 1. Subject to any applicable limitation of NRS 445.610 to 445.670, inclusive, and any regulation adopted pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered [in certain areas of this state as designated by the commission] unless the application for registration is accompanied by evidence of [emission control] compliance issued by any authorized station or fleet station certifying that the vehicle is equipped with [motor vehicle pollution control] devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
2. If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealers report of sale, [such] the seller shall also provide the buyer with any evidence of [emission control] compliance required pursuant to subsection 1.
3. The requirements of this section apply only [in] :
(a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and
(b) In counties where a program of inspecting and testing motor vehicles and [motor vehicle emission control] systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445.630.
Sec. 6. NRS 445.670 is hereby amended to read as follows:
445.670 1. Except as otherwise provided in subsection 2, persons employed at branch offices of the department of motor vehicles and public safety and the offices of county [tax assessor offices,] assessors who are acting as agents of the department in the collection of fees for registration, shall not register [a] :
(a) A passenger car or light-duty motor vehicle which uses diesel fuel and is based in a county whose population is 100,000 or more; or
(b) A vehicle which is based in [areas] an area of this state designated by the commission ,
until evidence of compliance with NRS 445.610 to 445.710, inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may, upon application to the department of motor vehicles and public safety, submit evidence of compliance for his motor vehicles in a manner determined by that department.
Sec. 7. 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 account, which is hereby created in the state general fund:
κ1991 Statutes of Nevada, Page 2021 (CHAPTER 612, AB 812)κ
accounted for in the pollution control account, which is hereby created in the state general fund:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station .............................................................................................................................. $25
(b) For each set of 25 forms certifying emission control compliance [87.50] 150
(c) For each form issued to a fleet station............................................... [3.50] 6
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] shall by regulation establish a program to award grants of [excess] :
(a) Money in the pollution control fund to agencies in a nonattainment area for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control fund that equals 1/6 of the amount received for each form issued pursuant to subsection 1.
(b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445.456 or 445.546. As used in this [subsection,] paragraph, excess money means the money in excess of $500,000 remaining in the pollution control fund at the end of the fiscal year.
5. Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:
(a) Review applications for grants and make recommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program for control of emissions from motor vehicles;
(c) Identify areas where funding should be made available; and
(d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445.630.
6. Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.
Sec. 7.5. NRS 366.190 is hereby amended to read as follows:
366.190 1. Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 22 cents per gallon on the sale or use of special fuels.
2. A tax is hereby imposed at the rate of 18 cents per gallon on the sale or use of liquefied petroleum gas and compressed natural gas.
κ1991 Statutes of Nevada, Page 2022 (CHAPTER 612, AB 812)κ
Sec. 8. Title 43 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 9 to 27, inclusive, of this act.
Sec. 9. The legislature finds that:
1. Protection of the states environment, particularly the quality of its air, requires a reduction, especially in metropolitan areas, of the contaminants resulting from the combustion of conventional fuels in motor vehicles.
2. A very large proportion of these contaminants results from the burning of liquid and gaseous fuels to operate trucks and buses, many of which are operated in fleets. Each fuel can be evaluated as to the air pollution it causes when burned in motor vehicles.
3. Conversion of these fleets to use cleaner-burning alternative fuels can reduce contaminants sufficiently to permit the continued use of conventional fuels in individually owned motor vehicles, but such conversion is feasible only if sufficient financial assistance is provided to the owners of fleets.
Sec. 10. As used in this chapter unless the context otherwise requires, the words and terms defined in sections 11 to 21, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 11. Alternative fuel means any fuel which complies with the standards and requirements established by the commission. The term includes low-sulfur diesel fuel and reformulated gasoline which comply with the regulations adopted by the United States Environmental Protection Agency pursuant to the standards for the control of emissions from motor vehicles established in the Clean Air Act Amendments of 1990 (Pub. L. No. 101-549, Nov. 15, 1990).
Sec. 12. Bi-fueled motor vehicle means a motor vehicle that is capable of operating on either a clean-burning alternative fuel or a traditional fuel, including, but not limited to, gasoline or diesel fuel.
Sec. 13. Commission means the state environmental commission.
Sec. 14. Dedicated alternative fuel motor vehicle means a motor vehicle that operates only on an alternative fuel.
Sec. 15. Department means the state department of conservation and natural resources.
Sec. 16. Fleet means 10 or more motor vehicles that are owned, leased or operated by the state or a local governing body. The term includes fleets that are used by the state, a state agency or a local governing body. The term does not include long haul trucks for use in interstate transportation or motor vehicles held for lease or rental to the general public.
Sec. 17. Flexible fueled vehicle means a motor vehicle that is capable of operating on any mixture of an alternative fuel and a traditional fuel, including, but not limited, to gasoline or diesel fuel.
Sec. 18. Manufacturer means a company that makes and sells motor vehicles as its primary business. The term does not include companies that make or sell experimental motor vehicles or motor vehicles that are prototypes.
Sec. 19. Motor vehicle means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property. The term does not include a:
1. Farm tractor as defined in NRS 482.035;
κ1991 Statutes of Nevada, Page 2023 (CHAPTER 612, AB 812)κ
2. Moped as defined in NRS 482.069; and
3. Motorcycle as defined in NRS 482.070.
Sec. 20. Motor vehicle fuel has the meaning ascribed to it in NRS 365.060.
Sec. 21. State agency means an agency, department, division or other entity of the State of Nevada.
Sec. 22. The commission shall adopt regulations necessary to carry out the provisions of this chapter, including, but not limited to, regulations concerning:
1. Standards and requirements for alternative fuel. The commission shall not discriminate against any product that is petroleum based.
2. The conversion of fleets to use alternative fuels if the fleet is operated in a county whose population is 100,000 or more.
3. Standards for alternative fuel injection systems for diesel motor vehicles.
4. Standards for levels of emissions from motor vehicles that are converted to use alternative fuels.
5. The establishment of a procedure for approving exemptions to the requirements of this chapter.
Sec. 23. (Deleted by amendment.)
Sec. 24. The provisions of this chapter do not apply to:
1. The owner of a fleet of motor vehicles that operates only in a county whose population is less than 100,000.
2. Any governmental agency exempted by federal statute or regulation.
3. Any person exempted by the commission.
Sec. 25. 1. The department shall:
(a) Make such determinations and issue such orders as may be necessary to carry out the provisions of this chapter;
(b) Enforce the regulations adopted by the commission pursuant to the provisions of this chapter; and
(c) Conduct any investigation, research or study necessary to carry out the provisions of this chapter.
2. Upon request, the department of motor vehicles and public safety shall provide to the department information contained in records of registration of motor vehicles.
Sec. 26. 1. An authorized representative of the department may enter and inspect any fleet of 10 or more motor vehicles that is subject to the requirements of this chapter to ascertain compliance with the provisions of this chapter and regulations adopted pursuant thereto.
2. A person who owns or leases a fleet of 10 or more vehicles shall not:
(a) Refuse entry or access to the motor vehicles to any authorized representative of the department who requests entry for the purpose of inspection as provided in subsection 1.
(b) Obstruct, hamper or interfere with any such inspection.
3. If requested by the owner or lessor of a fleet of motor vehicles, the department shall prepare a report of an inspection made pursuant to subsection 1 setting forth all facts determined which relate to the owners or lessors compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
κ1991 Statutes of Nevada, Page 2024 (CHAPTER 612, AB 812)κ
Sec. 27. 1. Except as otherwise provided in subsection 4, any person who violates any provision of this chapter or any regulation adopted pursuant thereto, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines of not more than $1,000 for lesser violations of any provision of this chapter or any regulation in force pursuant thereto.
3. Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of this chapter and regulations in force pursuant thereto, by injunction or other appropriate remedy. The commission or the director of the department of conservation and natural resources may institute and maintain in the name of the State of Nevada any such enforcement proceeding.
4. A person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to a person found by the court to be indigent.
5. The commission and the department shall deposit all money collected pursuant to this section in the state general fund. Money deposited in the state general fund pursuant to this subsection must be accounted for separately and may only be expended upon legislative appropriation.
Sec. 28. NRS 590.070 is hereby amended to read as follows:
590.070 1. [The state board of agriculture shall, by regulation, adopt such portions of the most current standard specifications for fuel used in internal combustion engines established by the American Society for Testing and Materials as it deems appropriate to protect the residents of Nevada. The board shall also review all changes made to those specifications by the American Society for Testing and Materials and provide for the inclusion of those changes in its regulations if it finds that those changes are appropriate for Nevada.
2.] The state board of agriculture shall adopt regulations relating to the standards for fuel, including diesel fuel used in internal combustion engines, which are substantially similar to the laws and regulations of the State of California relating to those standards.
2. The state board of agriculture shall review each amendment, repeal or other revision of a law or regulation of the State of California relating to those standards to determine its appropriateness for this state. The board shall adopt any regulation based on a law or regulation of the State of California which the board determines is necessary or appropriate for this state to ensure that the regulations adopted by the board remain substantially similar to the laws and regulations adopted by the State of California concerning those standards.
3. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless it conforms with the regulations adopted by the state board of agriculture pursuant to [subsection 1.
3.] this section.
4. This section does not apply to aviation fuel.
κ1991 Statutes of Nevada, Page 2025 (CHAPTER 612, AB 812)κ
[4.] 5. In addition to any criminal penalty that [may be] is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.
Sec. 28.5. 1. The state environmental commission shall conduct an interim study relating to the conversion of fleets to the use of alternative fuels.
2. The state environmental commission shall, not later than January 18, 1993, submit a report of the results of the study to the director of the legislative counsel bureau for presentation to the 67th session of the legislature.
3. The report must include a schedule for the conversion of fleets to the use of alternative fuels. The report must also include a list of the vehicles and engines which comply with the standards adopted by the United States Environmental Protection Agency and the vehicles and engines which must be converted to the use of alternative fuels.
Sec. 29. 1. The state environmental commission is directed to conduct a study concerning the improvement of the quality of air through the use of alternative fuels in motor vehicles. The state environmental commission shall hold public hearings and request information concerning:
(a) The conversion of public and private fleets of motor vehicles to the use of alternative fuels;
(b) The availability of and the provision of alternative fuels;
(c) Funding and incentives for the conversion of motor vehicles to the use of alternative fuel; and
(d) Incentives to encourage the use of alternative fuels.
2. The state environmental commission shall submit a report to the director of the legislative counsel bureau for distribution to the 67th session of the legislature on or before January 1, 1993. The report must include:
(a) A summary of the study conducted pursuant to subsection 1;
(b) An analysis of the costs and benefits of the use of alternative fuels;
(c) An analysis of the costs and benefits of constructing and maintaining a refueling station for purchasers of alternative fuels;
(d) A schedule for the conversion of fleets of motor vehicles to the use of alternative fuels;
(e) Recommendations for funding the conversion of fleets to the use of alternative fuels;
(f) Recommendations regarding incentives to encourage the use of alternative fuel; and
(g) Any recommended policies, programs and suggested legislation to the 67th session of the Nevada Legislature.
Sec. 30. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
κ1991 Statutes of Nevada, Page 2026κ
Assembly Bill No. 805Committee on Commerce
CHAPTER 613
AN ACT relating to insurance companies; making various changes concerning the financial regulation of insurance companies by the insurance division of the department of commerce; requiring certain insurers to file financial statements annually; increasing the required amounts of capital stock, basic surplus and free surplus for certain insurers; clarifying the definition of managing general agent; prohibiting certain insurers from assuming reinsurance; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Secs. 1-29. (Deleted by amendment.)
Sec. 30. Chapter 680A of NRS is hereby amended by adding thereto the provisions set forth as sections 31 to 37, inclusive, of this act.
Sec. 31. 1. Except as otherwise provided in subsection 5, every:
(a) Domestic insurer;
(b) Fraternal benefit society authorized to do business in this state pursuant to chapter 695A of NRS; and
(c) Corporation subject to the provisions of chapter 695B of NRS,
shall file with the commissioner, on or before June 1 of each year, a financial statement as of December 31 of the preceding calendar year that is certified by a certified public accountant who is not an employee of the insurer. The commissioner may request a financial statement from a foreign or alien insurer.
2. A certified public accountant shall immediately report to the commissioner any violation of the laws of this state found during any audit he conducts pursuant to subsection 1.
3. An insurer who does not file a report pursuant to subsection 1 on or before June 1 of each year is subject to the penalty imposed pursuant to NRS 680A.280.
4. A statement filed with the commissioner must not be a consolidated report with any other subsidiary, affiliate or parent company.
5. The provisions of this section do not apply to a domestic insurer who:
(a) Is not licensed or authorized to do business in any state other than Nevada; or
(b) Is exempted from the requirements of this section by order of the commissioner for good cause shown.
Secs. 32-37. (Deleted by amendment.)
Sec. 38. NRS 680A.120 is hereby amended to read as follows:
680A.120 1. Except as provided in [subsection 2,] subsections 2 and 5, to qualify for authority to transact any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive , [(kinds of insurance),] or combinations of kinds of insurance as shown below, an insurer shall possess and thereafter maintain unimpaired paid-in capital stock , [(] if a stock insurer , [)] or unimpaired basic surplus , [(] if a [foreign] mutual or a [foreign] reciprocal insurer , [)] and free surplus not less than [50] 100 percent of the minimum required capital stock or minimum required basic surplus, [as the case may be,] and when first so authorized shall possess initial free surplus, all in amounts not less than as determined from the following table:
κ1991 Statutes of Nevada, Page 2027 (CHAPTER 613, AB 805)κ
case may be,] and when first so authorized shall possess initial free surplus, all in amounts not less than as determined from the following table:
[FOREIGN MUTUAL RECIPROCAL
STOCK INSURERS INSURERS INSURERS
Minimum Minimum Minimum
Kind or Required Initial Required Initial Required Initial
Kinds of Capital Free Basic Free Basic Free
Insurance Stock Surplus Surplus Surplus Surplus Surplus
Life ............. $200,000 $500,000 $200,000 $500,000 Not applicable
Health ........... 200,000 500,000 200,000 500,000 $200,000 $500,000
Life &
Health............ 300,000 750,000 300,000 750,000 Not applicable
Property ........ 300,000 750,000 300,000 750,000 300,000 750,000
Casualty........ 300,000 750,000 300,000 750,000 300,000 750,000
Casualty &
Health ........... 400,000 1,000,000 400,000 1,000,000 400,000 1,000,000
Surety ........... 500,000 1,000,000 500,000 1,000,000 500,000 1,000,000
Marine &
Trans-
porta-
tion................. 300,000 750,000 300,000 750,000 300,000 750,000
Multiple
line ................. 500,000 1,000,000 500,000 1,000,000 500,000 1,000,000
Title ............... 100,000 250,000 Not applicable Not applicable]
FOREIGN MUTUAL RECIPROCAL
STOCK INSURERS INSURERS INSURERS
Minimum Minimum Minimum
Kind or Required Initial Required Initial Required Initial
Kinds of Capital Free Basic Free Basic Free
Insurance Stock Surplus Surplus Surplus Surplus Surplus
Life ................ 500,000 1,000,000 500,000 1,000,000 N/A N/A
Health, Property, Casualty, Surety, Marine &Transportation
Multiple line 500,000 1,000,000 500,000 1,000,000 500,000 1,000,000
Title ............... 500,000 750,000 N/A N/A N/A N/A
Financial
Guarantee 10,000,000 40,000,000 N/A N/A N/A N/A
2. [A] At the discretion of the commissioner, a domestic insurer holding a valid certificate of authority to transact insurance in this state immediately prior to January 1, [1972,] 1992, may, if otherwise qualified therefor, continue to be so authorized while possessing the amount of paid-in capital stock , [(] if a stock insurer , [)] or surplus , [(] if a mutual insurer , [)] required by the laws of this state for such authority immediately [prior to] before January 1, [1972.] 1992, for a period not to exceed 2 years. On or before January 1, 1994, the insurer shall meet the requirements of subsection 1.
κ1991 Statutes of Nevada, Page 2028 (CHAPTER 613, AB 805)κ
1994, the insurer shall meet the requirements of subsection 1. The commissioner shall not grant such an insurer authority to transact any other or additional kinds of insurance unless it then fully complies with the requirements as to capital and surplus, as applied to all kinds of insurance which it then proposes to transact, as provided by this section for like foreign insurers applying for original certificates of authority [under] pursuant to this code.
3. Capital and surplus requirements are based upon all the kinds of insurance transacted by the insurer in any and all areas in which it operates or proposes to operate, whether or not only a portion of such kinds are to be transacted in this state.
4. As to surplus required for qualification to transact one or more kinds of insurance and thereafter to be maintained, domestic mutual insurers are governed by chapter 693A of NRS [(corporate powers, procedures of domestic stock and mutual insurers),] and domestic reciprocal insurers are governed by chapter 694B of NRS . [(reciprocal insurers).]
5. An insurer who transacts financial guaranty insurance in this state must transact only one kind of insurance and possess and maintain the minimum capital and surplus requirements pursuant to subsection 1.
Sec. 39. NRS 680B.025 is hereby amended to read as follows:
680B.025 For the purposes of NRS 680B.025 to 680B.039, inclusive:
1. Total income derived from direct premiums:
(a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt [under] pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.
(b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act (42 U.S.C. § 1395mm).
(c) As to title insurance consists of the total amount [received] charged by the company [from] for the sale of policies of title insurance.
2. Money accepted by a life insurer [under] pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as total income derived from premiums either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in total income derived from premiums, and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as total income derived from premiums is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as return premiums [under] pursuant to the provisions of NRS 680B.030.
κ1991 Statutes of Nevada, Page 2029 (CHAPTER 613, AB 805)κ
Sec. 40. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net direct premiums and net direct considerations written at the rate of 3.5 percent.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
Sec. 41. NRS 680B.030 is hereby amended to read as follows:
680B.030 1. Each insurer and each formerly authorized insurer with respect to insurance transacted while an authorized insurer and property bondsman shall, on or before March 1 each year, or within any reasonable extension of time therefor which the commissioner may for good cause have granted on or before that date, file with the commissioner a report in such form as prescribed by the commissioner showing total income derived from direct premiums [,] written, including policy, membership and other fees and assessments, and all other considerations for insurance, bail or annuity contracts [received by it] written during the next preceding calendar year on account of policies and contracts covering property, subjects or risks located, resident or to be performed in this state , [(] with proper proportionate allocation of premiums as to such persons, property, subjects or risks in this state insured under policies and contracts covering persons, property, subjects or risks located or resident in more than one state , [),] after deducting from the total income derived from direct premiums [:] written:
(a) The amount of return premiums;
(b) Premiums received for reinsurance on such property or risks; and
(c) Dividends, savings and unabsorbed premium deposits returned to policyholders in cash or credited to their accounts.
2. The report must be verified by the oath or affirmation of the insurers president, vice president, secretary, treasurer or manager.
Sec. 42. NRS 680B.031 is hereby amended to read as follows:
680B.031 1. Each insurer which, pursuant to NRS 680B.027, paid or is required to pay a tax of at least $2,000 on net direct premiums and net direct considerations [received] written during the preceding calendar year, shall file a quarterly report in such form as prescribed by the commissioner. The report must be accompanied by a payment made payable to the commissioner in an amount equal to 25 percent of the tax paid or required to be paid on net direct premiums and net direct considerations [received] written during the preceding calendar year.
2. Each quarterly payment is due on the last day of the last month in each calendar quarter.
3. If an overpayment of the tax imposed by NRS 680B.027 results from the payments made pursuant to this section, the insurer shall apply the overpayment against each succeeding quarterly estimated payment due in the current calendar year until the overpayment has been extinguished.
κ1991 Statutes of Nevada, Page 2030 (CHAPTER 613, AB 805)κ
Sec. 43. NRS 680B.033 is hereby amended to read as follows:
680B.033 Factory mutuals shall pay the tax imposed by NRS 680B.027 on all gross premiums upon policies on risks located in this state in force on December 31 next preceding, after deducting from the gross direct premiums dividends written and returns to policyholders computed at the average rate on annual policies expiring during the preceding year, whether actually paid or applied in part payment of any renewal premiums.
Sec. 43.5. NRS 681A.070 is hereby amended to read as follows:
681A.070 Surety insurance includes:
1. Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.
2. Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings and contracts of suretyship.
3. Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation, and also insurance against loss or damage to such an insureds premises or to his furnishings, fixtures, equipment, safes and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.
4. Financial guaranty insurance, which is insurance or bonding that guarantees the payment of the principal and interest on a security if the issuer of the security defaults in the payment of the principal or interest. Financial guaranty insurance does not include coverage for items described in subsection 3.
Sec. 44. NRS 683A.060 is hereby amended to read as follows:
683A.060 1. A managing general agent is [an individual, firm or corporation appointed, as an independent contractor, by one or more insurers to exercise general supervision over the business of the insurer in this state, with authority to appoint and terminate appointments of agents for such insurers.
2. A managing general agent shall not solicit or negotiate insurance contracts covering subjects of insurance resident, located or to be performed in this state unless licensed as an agent by this state.] a person who:
(a) Negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department of underwriting office; and
(b) Act as an agent for such insurer and with or without the authority, either separately or together with affiliates:
(1) Produces, directly or indirectly, and underwrites an amount of gross direct written premiums equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year; and
κ1991 Statutes of Nevada, Page 2031 (CHAPTER 613, AB 805)κ
(2) Adjusts or pays claims in excess of an amount determined by the commissioner or negotiates reinsurance on behalf of the insurer.
2. A managing general agent includes a person with authority to appoint and to terminate the appointment of an agent for an insurer.
3. For the purposes of this chapter, the following are not managing general agents:
(a) An employee of the insurer;
(b) A manager of the United States branch of an alien insurer;
(c) An attorney authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange; and
(d) An underwriting manager who, pursuant to a contract, manages all or part of the insurance operations of the insurer, is under common control with the insurer, is subject to the provisions of chapter 692C of NRS and whose compensation is not based on the volume of premiums written or the profit of the business written.
Sec. 45. NRS 685A.070 is hereby amended to read as follows:
685A.070 1. A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible [under] pursuant to this section.
2. No insurer is eligible for the acceptance of surplus lines risks [under] pursuant to this chapter unless it has surplus as to policyholders not less in amount than [$3,000,000] $5,000,000 and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established [under] pursuant to terms reasonably adequate for the protection of all of its policyholders in the United States of America in an amount of not less than $1,500,000. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of [a] :
(a) A group of individual unincorporated insurers, such a trust fund must be not less than [$50,000,000.] $100,000,000.
(b) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. The group of incorporated insurers shall:
(1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom;
(2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers liabilities attributable to insurance written in the United States; and
(3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.
(c) An insurance exchange created by the laws of a state, such a trust fund must not be less than $50,000,000. If an insurance exchange maintains money for the protection of all policyholders, each syndicate shall maintain minimum capital and surplus or the substantial equivalent thereof, of not less than $3,000,000. If the insurance exchange does not maintain money for the protection of all policyholders, each syndicate shall meet the minimum capital and surplus requirements stated in paragraph (a).
κ1991 Statutes of Nevada, Page 2032 (CHAPTER 613, AB 805)κ
The commissioner may require larger trust funds than those set forth in this section if, in his judgment, the volume of business being transacted or proposed to be transacted warrants larger amounts.
3. No insurer is eligible to write surplus lines of insurance unless it has established a reputation for financial integrity and satisfactory practices in underwriting and handling claims. In addition, a foreign insurer must be authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada.
4. The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of the list to each broker at his office last of record with the commissioner. This subsection does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer. The status of eligibility, if granted by the commissioner, indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list is in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.
Sec. 46. NRS 685B.030 is hereby amended to read as follows:
685B.030 1. As used in this section unless otherwise indicated, insurer includes:
(a) All corporations, associations, partnerships and natural persons engaged as principals in the business of insurance [;] , including a fraternal benefit society, a nonprofit corporation offering dental, hospital and medical services, a health maintenance organization and an organization for dental care; and
(b) Interinsurance exchanges and mutual benefit societies.
2. It is unlawful for any insurer to transact an insurance business in this state as set forth in subsection 3, without a certificate of authority from the commissioner. This section does not apply to:
(a) Any transaction for which a certificate of authority is not required pursuant to NRS 680A.070.
(b) Attorneys at law acting in the ordinary relation of attorney and client in the adjustment of claims or losses.
(c) Transactions in this state involving any policy of insurance or annuity contract issued before January 1, 1972.
(d) Transactions in this state relative to a policy issued or to be issued outside this state involving insurance on vessels, craft or hulls, cargoes, marine builders risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy.
3. Any of the following acts in this state effected by mail or otherwise by or on behalf of an unauthorized insurer constitutes the transaction of an insurance business in this state:
(a) The making of or proposing to make, as an insurer, an insurance contract.
(b) The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.
κ1991 Statutes of Nevada, Page 2033 (CHAPTER 613, AB 805)κ
(c) The taking or receiving of any application for insurance.
(d) The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.
(e) The issuance or delivery of contracts of insurance to residents of this state or to persons authorized to do business in this state.
(f) Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters after effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance that are resident, located or to be performed in this state. The provisions of this paragraph do not prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance on behalf of such an employer.
(g) The transaction of any kind of insurance business specifically recognized as transacting an insurance business within the meaning of the statutes relating to insurance.
(h) The transacting or proposing to transact any insurance business in substance equivalent to any of the provisions of paragraphs (a) to (g), inclusive, in a manner designed to evade the provisions of the statutes.
4. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect.
5. The failure of an insurer transacting insurance business in this state to obtain a certificate of authority does not impair the validity of any act or contract of the insurer and does not prevent the insurer from defending any action at law or suit in equity in any court of this state, except that no insurer transacting insurance business in this state without a certificate of authority may maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until the insurer has obtained a certificate of authority. In the event of a failure by an unauthorized insurer to pay any claim or loss within the provisions of an insurance contract, any person who assisted or in any manner aided directly or indirectly in the procurement of the insurance contract is liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of the insurance contract.
Sec. 46.5. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a policyholder requests information for the renewal of his policy, an insurer shall provide to the policyholder information regarding claims paid on behalf of the policyholder. The information must be provided within 30 working days after the insurer receives a written request from the policyholder. The insurer may charge the policyholder a reasonable fee for the information.
κ1991 Statutes of Nevada, Page 2034 (CHAPTER 613, AB 805)κ
2. The commissioner may adopt regulations to carry out the provisions of subsection 1.
Sec. 47. NRS 690B.060 is hereby amended to read as follows:
690B.060 On or before March 1 of each year, every insurer who issues policies of insurance covering the liability of manufacturers or sellers for defective products shall submit a report to the commissioner on an approved [claim] reporting form.
Sec. 48. NRS 690B.130 is hereby amended to read as follows:
690B.130 1. Except as provided in subsection 2, an insurer who issues policies of insurance for home protection, other than casualty insurance, shall deposit, in accordance with chapter 682B of NRS, securities having a market value of not less than $20,000, unless he furnishes evidence satisfactory to the commissioner of maintaining a deposit of not less than that amount which complies with the requirements of his state of domicile and is held for the protection of all holders of insurance contracts.
2. In lieu of the deposit of securities, the insurer may post with the commissioner a surety bond of not less than $20,000 executed by an insurer who has a valid certificate of authority issued by the commissioner.
3. The insurer shall maintain:
(a) Unimpaired paid-in capital stock or unimpaired basic surplus, or a combination thereof, in an amount not less than 10 percent of the amount charged as premiums for insurance currently in effect, but not less than $20,000, nor more than is required by NRS 680A.120 for a certificate of authority.
(b) [A reserve for unearned premiums, unpaid losses and expenses incurred in connection with loss adjustments in an amount not less than 40 percent of the amount charged as premiums for insurance currently in force.] Unearned premium reserves as required by NRS 681B.060.
(c) Losses and loss expense reserves in an amount not less than 60 percent of the amount required by NRS 681B.050.
Sec. 49. NRS 690B.150 is hereby amended to read as follows:
690B.150 An insurer who issues policies of insurance for home protection, other than casualty insurance, shall file the annual statement required by NRS 680A.270 in the form prescribed by the commissioner [. The statement may cover a 12-month period other than a calendar year. If it does, it must be filed within 90 days after the end of the period. The period covered by the statement may not be changed without the consent of the commissioner.] on or before March 1 of each year to cover the preceding calendar year.
Secs. 50-60. (Deleted by amendment.)
Sec. 61. Chapter 693A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A domestic property or casualty insurer with less than $3,000,000 in surplus as regards policyholders shall not, without the written approval of the commissioner, assume reinsurance on any risk that it otherwise is permitted to assume, except if the reinsurance is required by law or regulation.
2. The provisions of this section are applicable to a contract of reinsurance executed or renewed on or after October 1, 1991.
3. The provisions of this section do not invalidate any reinsurance contract between the parties to the contract.
κ1991 Statutes of Nevada, Page 2035 (CHAPTER 613, AB 805)κ
Sec. 62. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 63 to 67, inclusive, of this act.
Sec. 63. 1. For the purpose of determining its financial condition, fulfillment of its contractual obligations and compliance with law, the commissioner shall, as often as he deems advisable, examine the affairs, transactions, accounts, records and assets of a health maintenance organization and of any person as to any matter relevant to the financial affairs of the health maintenance organization or to the examination. Except as otherwise provided in this code, the commissioner shall examine each health maintenance organization at least once every 3 years.
2. The commissioner shall examine each health maintenance organization applying for an initial certificate of authority.
3. In lieu of making his own examination, the commissioner may, in his discretion, accept a full report of the last recent examination of a foreign or alien health maintenance organization, certified to by the supervisory officer of insurance of another state.
4. To the extent that it is practical, the examination of a foreign or alien health maintenance organization must be made in cooperation with the insurance supervisory officers of other states in which the organization transacts business.
Sec. 64. 1. If the commissioner determines to examine a health maintenance organization pursuant to section 63 of this act, he shall designate one or more examiners and instruct them as to the scope of the examination. The examiner shall, upon demand, exhibit his official credentials to the health maintenance organization being examined.
2. The commissioner shall conduct each examination in an expeditious, fair and impartial manner.
3. The commissioner, or the examiner if he is authorized in writing by the commissioner, may administer oaths and examine under oath any person concerning any matter relevant to the examination.
4. Every health maintenance organization and its officers, attorneys, employees, agents and representatives shall make available to the commissioner or his examiners the accounts, records, documents, files, information, assets and matters of the health maintenance organization in his possession or control relating to the subject of the examination and shall facilitate the examination.
5. If the commissioner or examiner finds any accounts or records to be inadequate or inadequately kept or posted, he shall so notify the health maintenance organization and give the health maintenance organization a reasonable opportunity to reconstruct, rewrite, post or balance the account or record. If the health maintenance organization fails to maintain, complete or correct the records or accounting after the commissioner or examiner has given the health maintenance organization written notice and a reasonable opportunity to do so, the commissioner may employ experts to reconstruct, rewrite, post or balance the account or record at the expense of the health maintenance organization being examined.
κ1991 Statutes of Nevada, Page 2036 (CHAPTER 613, AB 805)κ
6. The commissioner or an examiner shall not remove any record, account, document, file or other property of the health maintenance organization being examined from the office or place of business of the health maintenance organization unless the commissioner or examiner has the written consent of an officer of the health maintenance organization before the removal or pursuant to an order of court. This provision does not prohibit the commissioner or examiner from making or removing copies or abstracts of a record, account, document or file.
7. Any person who, without just cause, refuses to be examined under oath or who willfully obstructs or interferes with an examiner in the exercise of his authority is guilty of a misdemeanor.
Sec. 65. 1. The health maintenance organization being examined shall pay the expense of an examination. The expenses to be paid include only the reasonable and proper travel and lodging expenses of the commissioner and his examiners and assistants, including expert assistance, reasonable compensation to the examiners and assistants and incidental expenses as necessarily incurred in the examination. The commissioner shall consider the scales and limitations recommended by the National Association of Insurance Commissioners regarding the expense and compensation for an examination.
2. The health maintenance organization shall promptly pay to the commissioner the expenses of the examination upon presentation by the commissioner of a reasonably detailed written statement thereof.
Sec. 66. The commissioner shall use the procedures required by:
1. NRS 679B.230 to 679B.290, inclusive, when conducting an examination of a health maintenance organization.
2. NRS 679B.310 to 679B.370, inclusive, when conducting a hearing involving a health maintenance organization.
Sec. 67. 1. A health maintenance organization shall use accounting principles that are recognized by the laws of this state or approved by the commissioner for:
(a) All financial reports;
(b) The accounting of investments and deposits; and
(c) Transactions between affiliates and holding companies.
2. A health maintenance organization is subject to the requirements for insurers for:
(a) Administrators, agents, brokers and solicitors, pursuant to chapter 683A of NRS;
(b) Borrowing, pursuant to NRS 693A.180;
(c) Impairment of capital, surplus or assets, pursuant to NRS 693A.260, 693A.270 and 693A.280;
(d) Management and agency contracts executed on or after January 1, 1992; and
(e) Officers, pursuant to NRS 693A.120 and 693A.130.
3. A domestic health maintenance organization is subject to the requirements for insurers for corporations pursuant to NRS 693A.040 to 693A.070, inclusive.
Sec. 68. NRS 695C.310 is hereby amended to read as follows:
695C.310 1. The commissioner [may] shall make an examination of the affairs of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements pursuant to its health care plan as often as he deems it necessary for the protection of the interests of the people of this state .
κ1991 Statutes of Nevada, Page 2037 (CHAPTER 613, AB 805)κ
organization has contracts, agreements or other arrangements pursuant to its health care plan as often as he deems it necessary for the protection of the interests of the people of this state . [but] An examination must be made not less frequently than once every 3 years.
2. The state board of health [may] shall make an examination concerning the quality of health care services of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements pursuant to its health care plan as often as it deems necessary for the protection of the interests of the people of this state . [but] An examination must be made not less frequently than once every 3 years.
3. Every health maintenance organization and provider shall submit its books and records relating to the health care plan to [such examinations] an examination made pursuant to subsection 1 or 2 and in every way facilitate [them.] the examination. Medical records of [individuals] natural persons and records of physicians providing service [under] pursuant to a contract to the health maintenance organization [shall not be] are not subject to such examination, although [they may be] the records are subject to subpena upon a showing of good cause. For the purpose of examinations, the commissioner and the state board of health may administer oaths to, and examine the officers and agents of the health maintenance organization and the principals of such providers concerning their business.
4. The expenses of examinations [under] pursuant to this section [shall] must be assessed against the organization being examined and remitted to the commissioner [for whom the examination is being conducted.] or the state board of health, whichever is appropriate.
5. In lieu of such examination, the commissioner may accept the report of an examination made by the insurance commissioner or the state board of health of another state.
Sec. 69. Chapter 695E of NRS is hereby amended by adding thereto a new section to read as follows:
On or before March 1 of each year, a purchasing group and a risk retention group shall submit to the commissioner a written notice of its intention to continue doing business in Nevada.
Sec. 70. The amendatory provisions of section 45 of this act become effective:
1. On January 1, 1994, for surplus lines insurers that are eligible to accept surplus lines risks on October 1, 1991; and
2. On October 1, 1991, for all other insurers.
________
κ1991 Statutes of Nevada, Page 2038κ
Assembly Bill No. 790Committee on Transportation
CHAPTER 614
AN ACT relating to the regulation of motor carriers; expanding the exemption from regulation provided for an employer who furnishes transportation for his employees; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.749 is hereby amended to read as follows:
706.749 1. An employer may transport his employees between their place of work and their homes or one or more central parking areas without complying with any of the provisions of NRS [706.011 to 706.791, inclusive, except the requirements of this section.] 706.291 to 706.453, inclusive, 706.471 to 706.746, inclusive, 706.753 and 706.791.
2. The employer must file an application, on a form provided by the commission, showing:
(a) The name of the employer;
(b) The places where employees will be picked up and discharged, including the location of their place of work;
(c) Identification of [the vehicle or vehicles] each such vehicle to be used [;] and certification that it is owned or the subject of a long-term lease by the employer;
(d) That each such vehicle is registered to and operated by the employer; and
(e) Any charge which will be made for the service.
3. The employer must pay a fee of $10 for each vehicle which he will regularly use to transport his employees.
4. [The vehicles in use must be designed to carry not fewer than 7 nor more than 12 persons, including the driver.
5.] The employer must charge no fare for the use of the service, or no more than an amount required to amortize the cost of the vehicle and defray the cost of operating it.
[6.] 5. The commission may issue a permit, valid for 1 year after the date of issue, to the employer, and renew the permit upon payment of a fee of $10 per vehicle regularly used to transport employees.
________
κ1991 Statutes of Nevada, Page 2039κ
Assembly Bill No. 786Committee on Ways and Means
CHAPTER 615
AN ACT making an appropriation to the motor pool fund for the purchase of 11 additional vehicles for the motor pool fleet for use by the department of parole and probation; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the motor pool fund created pursuant to NRS 336.110 the sum of $97,195 for the purchase of 11 vehicles to be added to the motor pool fleet for use by the department of parole and probation.
2. The executive officer of the state motor pool may, within the amount appropriated, purchase vehicles pursuant to subsection 1 which:
(a) Operate on an alternative fuel or source of power that when used in a motor vehicle results in emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates which are comparably lower than the emissions of a motor vehicle that uses traditional fuel; and
(b) Have been originally designed or converted to do so.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1992, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 783Committee on Commerce
CHAPTER 616
AN ACT relating to telephone sales solicitations; requiring a person who provides consulting services to a business engaged in making such solicitations to be licensed by the consumer affairs division of the department of commerce; removing certain exemptions from licensure; authorizing the adoption of additional exemptions by regulation; broadening the permissible uses of certain fees; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 599B.010 is hereby amended to read as follows:
599B.010 As used in this chapter, unless the context otherwise requires:
1. Board means the state board of telephone sales communications.
2. Commissioner means the commissioner of consumer affairs.
3. Division means the consumer affairs division of the department of commerce.
κ1991 Statutes of Nevada, Page 2040 (CHAPTER 616, AB 783)κ
4. Premium includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.
5. Salesman means any person [employed] :
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone [.] ; or
(b) Retained by a seller to provide consulting services relating to the management or operation of the sellers business.
6. Seller means any person who, on his own behalf, causes or attempts to cause a telephone solicitation, including one made after a potential customer has responded to a solicitation sent by mail, to be made through the use of one or more salesmen or any automated dialing announcing device. The term does not include any person who is exempt from the provisions of this chapter pursuant to NRS 599B.020.
Sec. 2. NRS 599B.020 is hereby amended to read as follows:
599B.020 1. The provisions of this chapter do not apply to:
(a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.
(b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.
(c) A licensed insurance broker, agent or solicitor when soliciting sales within the scope of his license.
(d) The solicitation of sales of a newspaper or magazine of general circulation [, or to any] or any solicitation of sales made through or on behalf of a newspaper or magazine of general circulation.
(e) Any solicitation of sales made on behalf of a broadcaster licensed by any state or federal authority.
[(e)] (f) The solicitation of sales by a nonprofit organization if no part of the net earnings from the sales inures to the benefit of any private shareholder or other person.
[(f)] (g) The solicitation of sales by a public utility or motor carrier which is regulated pursuant to chapter 704, 706 or 710 of NRS, or by an affiliate of such a utility or motor carrier.
[(g)] (h) Any publicly traded corporation which has securities registered with the Securities and Exchange Commission [,] or which is exempt from registration under subparagraph (A), (B), (C), (E), (F), (G) or (H) of paragraph (2) of subsection (g) of section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78 1), or any subsidiary of such a corporation.
[(h)] The exemption provided by this paragraph does not apply to an issuer of penny stock as defined in section 3(a) of the Securities Exchange Act of 1934.
(i) The sale or purchase, or solicitation or representation of books, recordings, video cassettes or similar items through an organization whose method of sales is governed by the regulations of the Federal Trade Commission relating to the use of negative option plans by sellers in commerce [.
(i)] , including the use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements under which the seller periodically ships merchandise to a prospective purchaser who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
κ1991 Statutes of Nevada, Page 2041 (CHAPTER 616, AB 783)κ
under which the seller periodically ships merchandise to a prospective purchaser who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.
(j) The solicitation of sales by a person who periodically publishes and delivers a catalog of the sellers merchandise to prospective purchasers, if the catalog:
(1) Contains a written description and illustration of each item offered for sale;
(2) Includes the business address of the seller;
(3) Includes at least 100 pages of written material and illustrations;
(4) Is distributed in more than one state; and
(5) Has an annual circulation by mailing of not less than 250,000.
[(j)] (k) The solicitation of sales by a person, or by any agent of that person, who does not intend to complete, and does not complete, the sales transaction by telephone.
[(k)] The exemption provided by this paragraph does not apply to any person who, immediately after soliciting a sale by telephone, causes another person to collect the payment from or deliver any item purchased to the prospective purchaser.
(l) The solicitation by any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States.
[(l)] (m) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.
[(m)] (n) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.
[(n)] (o) The solicitation by a person soliciting the sale of services provided by a community antenna television company holding a franchise issued pursuant to chapter 711 of NRS.
[(o)] (p) The solicitation by a person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100. As used in this subsection, agricultural products has the meaning ascribed to it in NRS 587.290.
[(p) The solicitation by an issuer or subsidiary of an issuer relating to a class of securities subject to the provisions of section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78 1) and which is registered or exempt from registration under subparagraph (A), (B), (C), (E), (F), (G) or (H) of paragraph (2) of subsection (g) of that section.]
(q) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:
(1) Products are displayed and offered for sale or services are offered for sale and provided at the sellers business establishment; and
(2) At least 50 percent of the sellers business involves the buyer obtaining such products or services at the sellers business establishment.
κ1991 Statutes of Nevada, Page 2042 (CHAPTER 616, AB 783)κ
(r) The solicitation by a person soliciting only the sale of telephone answering services to be provided by the person or his employer.
[(r)] (s) The solicitation by a person relating to a transaction regulated by the Commodity Futures Trading Commission, if:
(1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and
(2) The registration or license has not expired or been suspended or revoked.
[(s)] (t) The solicitation of contracts for the maintenance or repair of goods previously purchased from the person:
(1) Making the solicitation; or
(2) On whose behalf the solicitation is made.
[(t)] (u) A person to whom a nonrestricted gaming license has been issued pursuant to chapter 463 of NRS.
[(u)] (v) The solicitation of a previous customer of the business on whose behalf the call is made if the person making the call:
(1) Does not offer the customer any premium in connection with the sale;
(2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and
(3) Is not regularly engaged in telephone sales.
[(v)] (w) The solicitation by a person soliciting the sale of livestock.
2. The exemptions provided by subsection 1 may be asserted as affirmative defenses in any judicial or administrative proceeding commenced pursuant to this chapter.
Sec. 3. NRS 599B.050 is hereby amended to read as follows:
599B.050 1. The provisions of this chapter must be administered by the division under the supervision of the director of the department of commerce.
2. The commissioner may, with the approval of the board, adopt:
(a) Regulations providing for the licensing and discipline of sellers and salesmen and establishing standards of conduct for licensees; [and]
(b) Regulations providing for exemptions in addition to those set forth in NRS 599B.020, if necessary, which are narrow enough in scope to continue to protect the public; and
(c) Such other regulations as are necessary to carry out the provisions of this chapter.
3. The fees collected pursuant to this chapter must be deposited with the state treasurer for credit to the appropriate account of the division and [must] may only be used to defray the costs of [administering those provisions.] :
(a) Administering the provisions of this chapter.
(b) Enforcing the provisions of chapter 598 of NRS as they relate to the conduct of sellers, whether or not the sellers are licensed pursuant to this chapter.
________
κ1991 Statutes of Nevada, Page 2043κ
Assembly Bill No. 779Committee on Judiciary
CHAPTER 617
AN ACT relating to criminal offenders; providing for programs of intensive supervision by the department of parole and probation of parolees and certain offenders granted probation; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. The chief parole and probation officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection 2 of NRS 176.185.
2. The program of intensive supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the department of parole and probation. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationers presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the probationers 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 probationers activities while inside his residence,
must not be used.
Sec. 3. The court shall, upon the entering of an order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, this section and sections 2 and 4 of this act, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.
Sec. 4. 1. In issuing an order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.
2. The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.
3. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.
Sec. 5. NRS 176.175 is hereby amended to read as follows:
176.175 As used in NRS 176.175 to 176.245, inclusive [:] , and sections 2, 3 and 4 of this act:
1. Board means the state board of parole commissioners.
2. Court means a district court of the State of Nevada.
3. Parole and probation officer means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.
κ1991 Statutes of Nevada, Page 2044 (CHAPTER 617, AB 779)κ
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the state board of parole commissioners or chief parole and probation officer.
Sec. 6. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to section 2 of this act.
3. The district judge shall not, except as otherwise provided [herein,] in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
[3. In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.
4. The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.
5. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.
6. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.]
Sec. 7. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon the granting of parole to a prisoner, the board may require the parolee to submit to a program of intensive supervision as a condition of his parole.
κ1991 Statutes of Nevada, Page 2045 (CHAPTER 617, AB 779)κ
2. The executive officer shall develop a program for the intensive supervision of parolees required to submit to such a program pursuant to subsection 1. The program must include an initial period of electronic supervision of the parolee with an electronic device approved by the department. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolees presence at his residence, including, but not limited to, the transmission of still visual images which do not concern the parolees 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 parolees activities while inside his residence,
must not be used.
Sec. 8. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.160, inclusive, [and] section 5 of [this act:] Senate Bill No. 456 of this session and section 7 of this act:
1. Board means the state board of parole commissioners.
2. Department means the department of parole and probation.
3. Executive officer means the chief parole and probation officer.
4. Residential confinement means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. Standards means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief parole and probation officer.
Sec. 9. Section 1 of chapter 41, Statutes of Nevada 1991, is hereby amended to read as follows:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, [or] an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to section 2 of this act.
κ1991 Statutes of Nevada, Page 2046 (CHAPTER 617, AB 779)κ
3. The district judge shall not, except otherwise as provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
Sec. 10. Section 2 of Assembly Bill No. 429 of this session is hereby amended to read as follows:
Sec. 2. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
2. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to section 2 of [this act.] Assembly Bill No. 779 of this session.
3. The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.
Sec. 11. 1. This section and sections 1 to 7, inclusive, 9, 10 and 11 of this act become effective on July 1, 1991.
2. Section 8 of this act becomes effective at 12:01 a.m. on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 2047κ
Assembly Bill No. 708Assemblymen Dini, Porter and Petrak
CHAPTER 618
AN ACT relating to manufactured homes; requiring each certificate of installation issued by the manufactured housing division for a manufactured or mobile home to include certain information relating to manufactured and mobile homes; requiring a dealer to provide each purchaser of a new manufactured home a copy of the certificate of installation; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. A dealer shall provide a copy of the certificate of installation described in section 3 of this act to each purchaser of a new manufactured home. The division shall make available sample copies of certificates of installation to all licensed dealers for distribution to prospective purchasers.
Sec. 3. Each certificate of installation issued by the division for a manufactured home or mobile home must include the following information:
1. The name of the administrator;
2. The address and telephone number of each office of the division;
3. The legal rights of owners of manufactured homes and mobile homes;
4. The procedure for filing a complaint with the administrator;
5. The procedure for resolution of disputes between owners of manufactured homes or mobile homes and persons licensed by the division; and
6. Any other information prescribed by the administrator.
Sec. 4. The administrator shall adopt regulations to carry out the provisions of sections 2 and 3 of this act.
Sec. 5. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action [under] pursuant to NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a deceptive trade practice as that term is defined in NRS 598.410 to 598.414, inclusive.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Failure to comply with the provisions of section 2 of this act.
6. Representing to any lender, guaranteeing agency or other interested party, [either] orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
κ1991 Statutes of Nevada, Page 2048 (CHAPTER 618, AB 708)κ
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
[6.] 7. Inducing an applicant to falsify his credit application.
Sec. 6. This act becomes effective:
1. For the purposes of adopting regulations to carry out the provisions of this act, on July 1, 1991.
2. For all other purposes, on January 1, 1992.
________
Assembly Bill No. 685Committee on Government Affairs
CHAPTER 619
AN ACT relating to taxation; authorizing certain counties to impose or increase specified taxes to provide for development of open-space land; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Open-space land means land that is undeveloped natural landscape, including, but not limited to, ridges, stream corridors, natural shoreline, scenic areas, viewsheds, agricultural or other land devoted exclusively to open-space use and easements devoted to open-space use that are owned, controlled or leased by public or nonprofit agencies.
2. Open-space plan means the plan adopted by the board of county commissioners of a county to provide for the acquisition, development and use of open-space land.
3. Open-space use includes:
(a) The preservation of land to conserve and enhance natural or scenic resources;
(b) The protection of streams and stream environment zones, watersheds, viewsheds, natural vegetation and wildlife habitat areas;
(c) The maintenance of natural and man-made features that control floods, other than dams;
(d) The preservation of natural resources and sites that are designated as historic by the division of historic preservation and archeology of the state department of conservation and natural resources; and
(e) The development of recreational sites.
Sec. 3. 1. The board of county commissioners of a county whose population is more than 100,000 but less than 400,000, may adopt an open-space plan. If an open-space plan is adopted, the plan must provide for:
κ1991 Statutes of Nevada, Page 2049 (CHAPTER 619, AB 685)κ
(a) The development and use of open-space land for a period of 20 years;
(b) The financing for the acquisition of open-space land; and
(c) The maintenance of open-space land acquired pursuant to the open-space plan and the maintenance of any existing open-space land in the county.
2. Before the board of county commissioners adopts the open-space plan, the open-space plan must be found by the governing board for regional planning to be in conformance with the comprehensive regional plan adopted pursuant to NRS 278.0282.
3. Before the open-space plan is adopted, the board of county commissioners shall:
(a) Send a copy of the open-space plan to the city council of each incorporated city within the county and request that the city council review and comment on the open-space plan within 60 days after receipt of the open-space plan; and
(b) Consider and respond to any comments provided by a city council that are received by the board of county commissioners within 90 days after sending the open-space plan to the city council.
Sec. 4. 1. If an open-space plan is adopted pursuant to section 3 of this act, the board of county commissioners may:
(a) Operate, manage, improve and maintain as open space land, any land to which the county holds title, or to which a city within the county holds title if the governing body of the city so requests; and
(b) Acquire by purchase, contracts of purchase which extend beyond their respective terms of office, by gift, or by any other manner, parcels of land, rights in land or water rights in connection therewith for open-space use in accordance with the open-space plan.
2. For the purpose of this section, title is held by the county or the city if the county or the city has the right to acquire a clear title by discharging a fixed encumbrance, whether created by contract, mortgage or deed of trust.
Sec. 5. 1. In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a general or special election. The question may be combined with questions submitted pursuant to sections 6, 8 and 11 of this act or any combination thereof.
2. If a county imposes a sales tax pursuant to this section and section 6 of this act, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to section 3 of this act and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.
κ1991 Statutes of Nevada, Page 2050 (CHAPTER 619, AB 685)κ
taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.
5. The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:
(a) The acquisition of land in fee simple for development and use as open-space land;
(b) The acquisition of the development rights of land identified as open-space land;
(c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);
(d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or
(e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.
6. The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
7. Any money used for the purposes described in this section must be used in a manner:
(a) That is consistent with the provisions of the open-space plan adopted pursuant to section 3 of this act; and
(b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.
Sec. 6. 1. Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a general or special election. The question may be combined with questions submitted pursuant to sections 5, 8 and 11 of this act or any combination thereof.
2. If a county imposes a sales tax pursuant to this section and section 5 of this act, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to section 3 of this act and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
κ1991 Statutes of Nevada, Page 2051 (CHAPTER 619, AB 685)κ
adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.
Sec. 7. Any ordinance enacted pursuant to section 5 or 6 of this act must include:
1. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
2. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with the chapter, automatically become a part of the ordinance imposing the tax.
Sec. 8. 1. The board of county commissioners in a county whose population is 100,000 or more but less than 400,000, may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a general or special election. The question may be combined with questions submitted pursuant to sections 5, 6 and 11 of this act or any combination thereof. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
2. The department of taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.
3. Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to section 3 of this act and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
Sec. 9. 1. The money received from any tax imposed pursuant to section 6 or 8 of this act and any applicable penalty or interest must be retained by the county, or remitted to a city or general improvement district in the county, and used as provided in this section.
2. The money received by a county, city or general improvement district pursuant to sections 6 and 8 must only be used to pay the cost of:
(a) Planning the acquisition and other administrative acts relating to the acquisition of open-space land; and
(b) The operation and maintenance of open-space land.
3. The money received from the tax imposed pursuant to sections 6 and 8 of this act and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
4. Any money used for the purposes described in this section must be used in a manner:
κ1991 Statutes of Nevada, Page 2052 (CHAPTER 619, AB 685)κ
(a) That is consistent with the provisions of the open-space plan adopted pursuant to section 3 of this act; and
(b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.
Sec. 10. Chapter 375 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. 1. In addition to all other taxes imposed on transfers of real property, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/10 of 1 percent of the value thereof on each deed by which any residential lands, tenements or other residential realty is granted, assigned, transferred or otherwise conveyed to or vested in another person, after receiving the approval of a majority of the registered voters of the county voting on the question at a general or special election. A county may combine this question with questions submitted pursuant to sections 5, 6 and 8 of this act or any combination thereof.
2. The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall deposit all of the proceeds from the tax imposed pursuant to this section in the county general fund to be used in the manner specified in section 12 of this act.
3. Before the tax may be imposed, an open-space plan must be adopted by the board of county commissioners pursuant to section 3 of this act and the adopted open-space plan must be endorsed by the city council of each incorporated city within the county.
Sec. 12. 1. The money received by the county from the tax imposed pursuant to section 11 of this act and any applicable penalty or interest must be retained by the county, or remitted to a city or general improvement district in the county, and used as provided in this section.
2. The money received by a county, city or general improvement district pursuant to subsection 1 must only be used to pay the cost of:
(a) The acquisition of land in fee simple for development and use as open-space land;
(b) The acquisition of the development rights of land identified as open-space land;
(c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraph (a) or (b);
(d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraph (a) or (b); or
(e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.
3. The money received from the tax imposed pursuant to section 11 of this act and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
4. Any money used for the purposes described in this section must be used in a manner:
κ1991 Statutes of Nevada, Page 2053 (CHAPTER 619, AB 685)κ
(a) That is consistent with the provisions of the open-space plan adopted pursuant to section 3 of this act; and
(b) That provides an equitable allocation of the money among the county and the incorporated cities in the county.
5. As used in this section:
(a) Open-space land has the meaning ascribed to it in section 2 of this act.
(b) Open-space use has the meaning ascribed to it in section 2 of this act.
Sec. 13. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 and section 11 of this act does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title to or from a trust, if the transfer is made without consideration.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
11. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, Title 11 of U.S.C.;
(b) Approved in an equity receivership proceeding involving a railroad as defined in the Bankruptcy Act;
(c) Approved in an equity receivership proceeding involving a corporation, as defined in the Bankruptcy Act; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation, if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
κ1991 Statutes of Nevada, Page 2054 (CHAPTER 619, AB 685)κ
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
Sec. 14. Section 13 of this act becomes effective at 12:01 a.m. on October 1, 1991.
________
Assembly Bill No. 678Committee on Commerce
CHAPTER 620
AN ACT relating to cosmetology; prohibiting the practice of any profession other than cosmetology in a cosmetological establishment; prohibiting the reproduction or alteration of a license issued by the board of cosmetology; requiring certain records of the board to be kept confidential; revising the grounds for disciplinary action; making various changes concerning instructors; repealing provisions relating to demonstrators; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. It is unlawful for a person to reproduce mechanically or otherwise copy or alter a license issued pursuant to this chapter.
Sec. 3. It is unlawful for the operator of a cosmetological establishment to practice or allow the practice of any profession other than cosmetology in that establishment.
Sec. 4. NRS 644.023 is hereby amended to read as follows:
644.023 Cosmetologist means a person who engages in the practices of:
1. Cleansing, stimulating or massaging the scalp or cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Cutting, trimming or shaping the hair.
3. Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by other means, or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.
κ1991 Statutes of Nevada, Page 2055 (CHAPTER 620, AB 678)κ
4. Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, waxing or tweezers, except for the permanent removal of hair with needles.
5. Manicuring the nails of any person.
6. Beautifying , massaging, stimulating or cleansing the skin of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, creams or any device, electrical or otherwise, for the care of the skin.
7. Giving facials or skin care or applying makeup or eyelashes to any person.
Sec. 5. NRS 644.029 is hereby amended to read as follows:
644.029 Manicurist means any person who, for compensation or by demonstration, engages in the practices of:
1. Care of anothers fingernails or toenails.
2. Beautification of anothers nails.
3. Extension of anothers nails.
4. Massaging of anothers hands, forearms, feet or lower legs.
Sec. 5.3. NRS 644.090 is hereby amended to read as follows:
644.090 The board shall:
1. Hold examinations to determine the qualifications of all applicants for a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.
2. Issue licenses to such applicants as may be entitled thereto.
3. License [facilities for demonstrations,] cosmetological establishments and schools of cosmetology.
4. Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.
5. Inspect [facilities for demonstrations,] schools of cosmetology and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the board. This authority extends to any member of the board or its authorized employees.
Sec. 5.5. NRS 644.110 is hereby amended to read as follows:
644.110 The board shall adopt reasonable regulations:
1. For carrying out the provisions of this chapter.
2. For conducting examinations of applicants for licenses.
3. For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed electrologist or in a school of cosmetology licensed [under] pursuant to the laws of another state or territory of the United States of the District of Columbia.
4. For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:
(a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;
(b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;
(c) Providing for lunch and coffee recesses for students during school hours; and
κ1991 Statutes of Nevada, Page 2056 (CHAPTER 620, AB 678)κ
(d) Allowing a member or an authorized employee of the board to review the records of a students training and attendance.
5. Governing the courses of study and practical training required of persons for treating the skin of the human body, except the scalp.
6. For governing the conduct of cosmetological establishments . [and facilities for demonstrations.]
Sec. 5.7. NRS 644.120 is hereby amended to read as follows:
644.120 1. The board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infectious or contagious diseases in [facilities for demonstrations,] cosmetological establishments or schools of cosmetology, or in the practice of a cosmetologist.
2. No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the state board of health.
3. A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a license is issued for the conduct of a [facility for demonstrations,] cosmetological establishment, school of cosmetology or practice of cosmetology.
Sec. 6. NRS 644.130 is hereby amended to read as follows:
644.130 1. The board shall keep a record containing the name, known place of business and the date and number of the license of every manicurist, electrologist, aesthetician and cosmetologist, together with the names and addresses of all [facilities for demonstrations,] cosmetological establishments and schools of cosmetology licensed pursuant to this chapter. The record must also contain the facts which the applicants claimed in their applications to justify their licensure.
2. The board may disclose the information contained in the record kept pursuant to subsection 1 to:
(a) Any other licensing board or agency that is investigating a licensee.
(b) A member of the general public, except information concerning the address and telephone number of a licensee.
Sec. 6.3. NRS 644.190 is hereby amended to read as follows:
644.190 1. It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology [, facility for demonstrations] or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced [until licensed under] unless he is licensed in accordance with the provisions of this chapter.
2. Except as otherwise provided in subsection 4, it is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed [under] in accordance with the provisions of this chapter.
3. This chapter does not prohibit:
(a) Any student in any school of cosmetology, [legally established under] established pursuant to the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.
(b) An electrologists apprentice from participating in a course of practical training and study.
κ1991 Statutes of Nevada, Page 2057 (CHAPTER 620, AB 678)κ
(c) A person issued a provisional license as an instructor pursuant to NRS 644.193 from acting as an instructor and accepting compensation therefor, while accumulating the hours of training as a teacher required for an instructors license.
(d) The rendering of [incidental] cosmetological services by a person who is [not licensed under] licensed in accordance with the provisions of this chapter, if those services are rendered in connection with photographic services provided by a photographer.
4. A person employed to render cosmetological services in the course of and incidental to the production of a motion picture, television program, commercial or advertisement is exempt from the licensing requirements of this chapter if he [:
(a) Is licensed as a cosmetologist in another state;
(b) Entered into his contract of employment outside this state; and
(c) Renders] renders cosmetological services only to persons who will appear in that motion picture, television program, commercial or advertisement.
Sec. 6.5. NRS 644.193 is hereby amended to read as follows:
644.193 1. The board may grant a provisional license as an instructor to a person who:
(a) Has successfully completed the 12th grade in school or its equivalent [;] and submits written verification of the completion of his education;
(b) Has practiced as a full-time licensed cosmetologist, aesthetician or manicurist for [1 year; and] 3 years and submits written verification of his experience;
(c) Is licensed pursuant to this chapter;
(d) Applies for a provisional license on a form supplied by the board;
(e) Submits two current photographs of himself; and
(f) Has paid the fee established pursuant to subsection 2.
2. The board shall establish and collect a fee of not less than $25 nor more than $40 for the issuance of a provisional license as an instructor.
3. A person issued a provisional license pursuant to this section may act as an instructor for compensation while accumulating the number of hours of training [as a teacher] required for an instructors license.
4. A provisional license as an instructor expires upon accumulation by the licensee of the number of hours of training [as a teacher] required for an instructors license. The board may grant an extension of not more than [90] 45 days to those provisional licensees who have applied to the board for examination as instructors and are awaiting examination.
Sec. 7. NRS 644.195 is hereby amended to read as follows:
644.195 1. Each instructor must:
(a) Be [a licensed cosmetologist.] licensed as a cosmetologist pursuant to this chapter.
(b) Have successfully completed the 12th grade in school or its equivalent.
(c) Have 1 year of experience as a cosmetologist.
(d) Have completed 1,000 hours of training as [a teacher] an instructor or 500 hours of training as a provisional instructor in a school of cosmetology.
κ1991 Statutes of Nevada, Page 2058 (CHAPTER 620, AB 678)κ
(e) Take one or more courses in advanced techniques for teaching or training, approved by the board, whose combined duration is at least 30 hours during each 2-year period.
2. Each instructor shall pay an initial fee for a license of not less than $40 and not more than $60.
Sec. 8. NRS 644.1955 is hereby amended to read as follows:
644.1955 1. The board shall admit to examination for a license as an instructor of aestheticians any person who has applied to the board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 800 hours of training as [a teacher] an instructor or 400 hours of training as a provisional instructor in a licensed school of cosmetology; [and]
(e) Is licensed as an aesthetician pursuant to this chapter; and
(f) Has practiced as a full-time licensed aesthetician for 1 year.
2. An instructor of aestheticians shall complete at least 30 hours of advanced training in a course approved by the board during each 2-year period of his license.
Sec. 9. NRS 644.197 is hereby amended to read as follows:
644.197 1. The board shall admit to examination for a license as an instructor in manicuring any person who has applied to the board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 500 hours of training as [a teacher] an instructor or 250 hours of training as a provisional instructor in a licensed school of cosmetology; [and]
(e) Is licensed as a manicurist pursuant to this chapter; and
(f) Has practiced as a full-time licensed manicurist for 1 year.
2. An instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the board during each 2-year period of his license.
Sec. 10. NRS 644.290 is hereby amended to read as follows:
644.290 1. The holder of a license issued by the board to practice any branch of cosmetology must display [the] his current license in plain view of the public at the position where he performs his work.
2. If a person practices cosmetology in more than one place, he must carry his license with him and display it wherever he is actually working.
Sec. 11. NRS 644.295 is hereby amended to read as follows:
644.295 1. A person licensed pursuant to this chapter [may receive] shall obtain a duplicate of that license if the:
(a) Original was destroyed, misplaced or mutilated; or
(b) Name or address of the licensee has changed.
2. To [receive] obtain a duplicate license a person must:
κ1991 Statutes of Nevada, Page 2059 (CHAPTER 620, AB 678)κ
(a) File an affidavit with the board, on the form prescribed by the board, which states that the original license was destroyed, misplaced or mutilated or that his name or address has changed; and
(b) Pay a fee of $15.
Sec. 12. (Deleted by amendment.)
Sec. 12.3. NRS 644.320 is hereby amended to read as follows:
644.320 1. The license of every cosmetologist, aesthetician, electrologist, manicurist , provisional instructor and instructor expires on July 1 of the next succeeding odd-numbered year.
2. The board shall adopt regulations governing the proration of the fee required for initial licenses issued for less than 1 1/2 years.
Sec. 12.5. NRS 644.325 is hereby amended to read as follows:
644.325 1. An application for renewal of any license issued pursuant to this chapter must be:
(a) Made on a form prescribed and furnished by the board at any time during the month of June of the year in which the license expires; and
(b) Accompanied by the fee for renewal.
2. The fees for renewal are:
(a) For manicurists, electrologists, aestheticians [, cosmetologists and demonstrators,] and cosmetologists, not less than $30 and not more than $50.
(b) For instructors, not less than $40 and not more than $60.
(c) For cosmetological establishments, not less than $60 and not more than $100.
(d) For schools of cosmetology, not less than $450 and not more than $500.
[(e) For facilities for demonstrations, $60.]
3. For each month or fraction thereof after July 1 in which a license is not renewed, there must be assessed and collected at the time of renewal a penalty of $25 for a school of cosmetology and $10 for a cosmetological establishment [, facility for demonstration,] and all persons licensed pursuant to this chapter.
4. An application for renewal of a license as a cosmetologist, aesthetician, electrologist, manicurist [, instructor or demonstrator] or instructor must be accompanied by two current photographs of the applicant which are 1 1/2 by 1 1/2 inches. The name and address of the applicant must be written on the back of each photograph.
Sec. 13. NRS 644.330 is hereby amended to read as follows:
644.330 1. A manicurist, electrologist, aesthetician, cosmetologist or instructor whose license has expired may have his license renewed only upon payment of [the fee for renewal.] all required fees.
2. Any manicurist, electrologist, aesthetician, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon payment of all [lapsed fees for renewal.] required fees.
3. No manicurist, electrologist, aesthetician, cosmetologist or instructor who has retired from practice for more than [3] 4 years may have his license restored without examination [, unless the board decides to dispense with the examination.] and must comply with any additional requirements established in regulations adopted by the board.
κ1991 Statutes of Nevada, Page 2060 (CHAPTER 620, AB 678)κ
Sec. 14. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person wishing to operate a [facility for demonstrations or a] cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain a detailed floor plan of the proposed cosmetological establishment and proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the required fees for inspection and licensing, the board shall inspect the establishment to ensure that it complies with the requirements of this chapter and the regulations adopted by the board. If the establishment meets those requirements, the board shall issue to the applicant the required license.
3. The fee for a license for a [facility for demonstrations or a] cosmetological establishment is $60. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.
Sec. 15. NRS 644.345 is hereby amended to read as follows:
644.345 1. The board must be notified of any change of ownership , name, services offered or location of a cosmetological establishment . [or facility for demonstrations within 3 days after the change.] The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the board for the license and pay the fees [.] established pursuant to subsection 3 of NRS 644.340.
2. After a license has been issued for the operation of a cosmetological establishment, any changes in the physical structure of the establishment must be approved by the board.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 644.360 is hereby amended to read as follows:
644.360 1. Every holder of a license issued by the board to operate a cosmetological establishment [or a facility for demonstrations] shall display the license in [a conspicuous place] plain view of members of the general public in the principal office or place of business of the holder.
2. The operator of a cosmetological establishment shall lease space to or employ only licensed manicurists, electrologists, aestheticians and cosmetologists at his establishment [.
3. Owner of a facility for demonstrations shall employ only persons licensed pursuant to this chapter.] to provide cosmetological services.
Sec. 18. NRS 644.380 is hereby amended to read as follows:
644.380 1. Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:
(a) A detailed floor plan of the proposed school;
(b) The name, address and number of the license of the manager or person in charge and of each instructor;
κ1991 Statutes of Nevada, Page 2061 (CHAPTER 620, AB 678)κ
(c) Evidence of financial ability to provide the facilities and equipment required by regulations of the board and to maintain the operation of the proposed school for 1 year;
(d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;
(e) The annual fee for a license; and
(f) The name and address of the person designated to accept service of process.
2. Upon receipt by the board of the application, the board shall, before issuing a license, determine whether the proposed school:
(a) Is suitably located.
(b) Contains at least 5,000 square feet of floor space and adequate equipment.
(c) Meets all requirements established by regulations of the board.
3. The annual fee for a license for a school of cosmetology is not less than $450 and not more than $500.
4. If the ownership of the school changes or the school moves to a new location, [a new license must be obtained.] the school may not be operated until a new license is issued by the board.
5. After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the board before making any changes in the physical structure of the school.
Sec. 19. NRS 644.393 is hereby amended to read as follows:
644.393 Every school of cosmetology shall pay to the board a fee of $5 for each student within 30 days after the student is enrolled [.] or reenrolled.
Sec. 19.5. NRS 644.395 is hereby amended to read as follows:
644.395 Each school of cosmetology shall maintain a staff of at least two licensed instructors and one additional licensed instructor for each 25 enrolled students, or major portion thereof, over 50 students. A school of cosmetology must have at least two licensed instructors present and teaching at any time while the school is open. Persons instructing pursuant to provisional licenses issued [under] pursuant to NRS 644.193 are [not] considered instructors for the purposes of this section.
Sec. 20. NRS 644.408 is hereby amended to read as follows:
644.408 A student must receive the following amount of instruction in the classroom before commencing work on members of the public:
1. A student enrolled as a cosmetologist must receive 250 hours . [or the equivalent of 32 days.]
2. A student enrolled as a manicurist must receive [50 hours or the equivalent of 7 days.] 80 hours.
3. A student enrolled as an electrologists apprentice must receive 150 hours . [or the equivalent of 20 days.]
4. A student enrolled as an aesthetician must receive 100 hours . [or the equivalent of 14 days.]
Sec. 20.5. NRS 644.425 is hereby amended to read as follows:
644.425 1. The board may grant a temporary educational permit authorizing a current licensee within the scope of his license to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of techniques for the benefit and instruction of cosmetologists, aestheticians, electrologists and manicurists licensed [under] pursuant to this chapter, and electrologists apprentices and students enrolled in licensed schools of cosmetology.
κ1991 Statutes of Nevada, Page 2062 (CHAPTER 620, AB 678)κ
electrologists and manicurists licensed [under] pursuant to this chapter, and electrologists apprentices and students enrolled in licensed schools of cosmetology.
2. The permit must specify the purpose for which it is granted, the period during which the person is permitted to conduct the demonstrations and exhibitions, which may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a temporary educational permit [under this section] only if he:
(a) Applies to the board for the permit;
(b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes; and
(c) Pays a fee of not less than $10 and not more than $25.
Except for schools licensed pursuant to this chapter, an application for a permit must be submitted at least 10 days before the date of the demonstration or exhibit.
4. [The provisions of this section do not apply to demonstrators licensed under this chapter.
5.] It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than cosmetologists, aestheticians, electrologists and manicurists licensed [under] pursuant to this chapter, and electrologists apprentices and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
Sec. 21. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following grounds for disciplinary action by the board:
(a) Failure of [a person operating] an owner of a cosmetological establishment, a licensed aesthetician, cosmetologist, electrologist, instructor, manicurist or school of cosmetology [or facility for demonstrations] to comply with the requirements of this chapter [.
(b) Failure to comply with] or the applicable regulations adopted by the board . [for cosmetological establishments, facilities for demonstrations, schools of cosmetology or the practice of the occupations of a cosmetologist.
(c)] (b) Obtaining practice in cosmetology or any branch thereof, [or] for money or any thing of value, by fraudulent misrepresentation.
[(d)] (c) Gross malpractice.
[(e)] (d) Continued practice by a person knowingly having an infectious or contagious disease.
[(f)] (e) Drunkenness or [addiction to] the use or possession, or both, of a controlled substance [.
(g)] or dangerous drug without a prescription, while engaged in the practice of cosmetology.
(f) Advertisement by means of knowingly false or deceptive statements.
[(h)] (g) Permitting a license to be used where the holder thereof is not personally, actively and continuously engaged in business.
κ1991 Statutes of Nevada, Page 2063 (CHAPTER 620, AB 678)κ
[(i)] (h) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
[(j)] (i) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(j) Continued practice of cosmetology or operation of a cosmetological establishment or school of cosmetology after the license therefor has expired.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license;
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 21.5. NRS 644.440 is hereby amended to read as follows:
644.440 1. Except as otherwise provided in subsection 3, the board may refuse to issue or renew any license or revoke or suspend any license already issued, only upon 20 days notice in writing to the interested parties. The notice must contain a brief statement of the reasons for the contemplated action of the board and designate a proper time and place for the hearing of all interested parties before any final action is taken.
2. Notice, within the provisions of subsection 1, shall be deemed to have been given when the board deposits with the United States Postal Service a copy of the notice, addressed to the designated or last known residence of the applicant or licensee.
3. Violations of any regulation of the board for sanitation or of any statute or regulation of the state board of health or any county regulation concerning health may be corrected by any inspector of the board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours after receipt of the citation subjects the license to immediate suspension. The board may then give 20 days notice for hearing to show cause why the license should not be permanently revoked.
4. The closure of any establishment [, facility] or school by the state board of health acts as an automatic revocation of the license.
Sec. 22. NRS 644.460 is hereby amended to read as follows:
644.460 1. The following persons are exempt from the provisions of this chapter:
(a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.
(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:
(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
κ1991 Statutes of Nevada, Page 2064 (CHAPTER 620, AB 678)κ
electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
(d) Retailers, at a retail establishment, insofar as their usual and ordinary vocation and profession is concerned, when engaged in the demonstration of make-up if:
(1) The demonstration is without charge to the person to whom the demonstration is given; and
(2) The retailer does not advertise or provide a cosmetological service except make-up and fragrances.
(e) Photographers or their employees, insofar as their usual and ordinary vocation and profession is concerned, if the photographer or his employee does not advertise cosmetological services and provides cosmetics without charge to the customer.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of prisons or the Caliente youth center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.
Sec. 23. NRS 644.025, 644.0267, 644.420 and 644.423 are hereby repealed.
Sec. 24. This act becomes effective upon passage and approval.
________
Assembly Bill No. 664Assemblymen Arberry and Wendell Williams
CHAPTER 621
AN ACT relating to the redevelopment of communities; requiring a proposal for a project of redevelopment to include an employment plan; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.572 is hereby amended to read as follows:
279.572 1. Every redevelopment plan must show:
[1.] (a) The amount of open space to be provided and the layout of streets.
[2.] (b) Limitations on type, size, height, number and proposed use of buildings.
[3.] (c) The approximate number of dwelling units.
[4.] (d) The property to be devoted to public purposes and the nature of those purposes.
[5.] (e) Other covenants, conditions and restrictions which the legislative body prescribes.
κ1991 Statutes of Nevada, Page 2065 (CHAPTER 621, AB 664)κ
[6.] (f) The proposed method of financing the redevelopment plan in sufficient detail so that the legislative body may determine the economic feasibility of the plan.
2. As appropriate for the particular project, each proposal for a project must also include an employment plan. The employment plan must include:
(a) A description of the existing opportunities for employment within the area.
(b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area.
(c) A description of the manner in which an employer relocating his business into the area plans to employ persons living within the area of operation who are:
(1) Economically disadvantaged.
(2) Physically handicapped.
(3) Members of racial minorities.
(4) Veterans.
(5) Women.
________
Assembly Bill No. 619Committee on Health and Welfare
CHAPTER 622
AN ACT relating to health care; authorizing the board of regents of the University of Nevada System and the health division of the department of human resources to establish a genetics program through the University of Nevada School of Medicine; making appropriations; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. The board of regents of the University of Nevada System, in cooperation with the health division of the department of human resources, may establish a genetics program to provide clinical genetic and diagnostic services to residents of Nevada who have or may have a hereditary, chromosomal or multifactorial disorder.
2. The University of Nevada School of Medicine must provide consultation and other appropriate services to the genetics program.
Sec. 3. The genetics program must provide the following services:
1. Genetic counseling;
2. Proband evaluation;
3. Screening for hereditary disorders;
4. Laboratory testing for analysis of chromosomes and other specialized diagnostic procedures to detect hereditary disorders;
5. Medical management of hereditary disorders;
6. Specialized prenatal diagnostic techniques;
κ1991 Statutes of Nevada, Page 2066 (CHAPTER 622, AB 619)κ
7. Appropriate follow-up and referral services;
8. Educational programs for providers of health care providers and the community; and
9. Maintenance of a registry for research and evaluation;
Sec. 4. 1. Any person residing in Nevada is eligible for services through the genetics program. A person must not be denied services through the genetics program because of his inability to pay for the services.
2. A determination of ability to pay must be based on the following factors:
(a) Resources of the person, including hospital and medical insurance;
(b) Other available sources of payment, including any governmental aid for medically indigent persons;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
Sec. 5. 1. Except as otherwise provided in subsection 2, the records of the genetics program concerning the clients and families of clients are confidential.
2. The genetics program may share information in its possession with the University of Nevada School of Medicine and the health division of the department of human resources, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.
Sec. 6. 1. The genetics program must include a geneticist and a cytogeneticist and such other personnel as determined by the board of regents of the University of Nevada System and the health division of the department of human resources.
2. Except as otherwise provided in subsection 3:
(a) The clinical services provided by the genetics program must be supervised by a geneticist who is certified or eligible to be certified by the American Board of Medical Genetics and who is a physician licensed in this state.
(b) A cytogeneticist employed by the genetics program must be certified or eligible to be certified by the American Board of Medical Genetics and:
(1) Be a licensed physician; or
(2) Have a degree of doctor of philosophy in a medical or biological science from an accredited college or university and experience in cytogenetics as approved by the University of Nevada School of Medicine.
3. The state board of health may exempt a geneticist or a cytogeneticist employed by the genetics program from the requirements provided in subsection 2 upon receipt of clear and convincing evidence that hiring a geneticist or a cytogeneticist with qualifications other than those required by subsection 2 substantially complies with the intent of the law and is in the interest of the safety of the public.
Sec. 7. The board of regents may:
1. Apply for any matching money available for the genetics program from the Federal Government or any other source and accept any gifts, grants or donations for the support of the program.
2. Adopt regulations necessary to carry out the provisions of sections 2 to 7, inclusive, of this act.
κ1991 Statutes of Nevada, Page 2067 (CHAPTER 622, AB 619)κ
3. Receive, invest, disburse and account for all money received from the Federal Government or any other source for the genetics program.
Sec. 8. 1. There is hereby appropriated from the state general fund to the University of Nevada System for the establishment and operation of a genetics program pursuant to sections 2 to 7, inclusive, of this act:
For the fiscal year 1991-92............................................................. $54,000
For the fiscal year 1992-93............................................................. $54,000
2. There is hereby appropriated from the state general fund to the health division of the department of human resources for the establishment and operation of a genetics program pursuant to sections 2 to 7, inclusive, of this act:
For the fiscal year 1991-92........................................................................... $24,022
For the fiscal year 1992-93........................................................................... $22,927
3. Any balance of the sums appropriated by subsections 1 and 2 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. This act becomes effective on July 1, 1991.
________
Assembly Bill No. 586Committee on Natural Resources, Agriculture and Mining
CHAPTER 623
AN ACT relating to veterinary medicine; requiring licensure as a condition of bringing a legal action for compensation for veterinary services; providing for the inactive status of a license and exemption from the requirements of continuing education if a license is inactive; establishing procedures for issuing a citation to a licensee who violated provisions governing the practice of veterinary medicine; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A person engaged in any business or profession for which a license is required pursuant to this chapter may not bring or maintain an action in any court of this state, or be awarded judgment, for the collection of compensation for the performance of any act or contract for which such a license is required without alleging and proving that he was licensed at all times during the performance of the act or contract.
2. Proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the board which establishes that the person bringing the action was licensed as required by subsection 1.
Sec. 3. 1. A licensed veterinarian may apply to the board to be placed on inactive status. The board may grant the application if the applicant has:
κ1991 Statutes of Nevada, Page 2068 (CHAPTER 623, AB 586)κ
(a) A medical disability as determined by the board;
(b) Changed the location of his practice of veterinary medicine from this state to another state or country;
(c) Never engaged in the practice of veterinary medicine in this state after licensure; or
(d) Ceased to engage in the practice of veterinary medicine in this state for 12 consecutive months,
and, as of the date of the application, has met all requirements for the issuance or renewal of a license to practice veterinary medicine.
2. If the application is granted, the applicant shall not engage in the practice of veterinary medicine in this state unless he is returned to active status.
3. A licensed veterinarian whose license has been placed on inactive status pursuant to this section is exempt from any requirements for continuing education.
4. The board shall adopt regulations concerning the:
(a) Procedures for making an application pursuant to this section; and
(b) Procedures and terms upon which a licensed veterinarian whose license has been placed on inactive status may resume the practice of veterinary medicine.
Sec. 4. 1. The board may issue to a licensee a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board when the licensee is in violation of any provision of this chapter or any regulation adopted by the board.
2. A citation must be in writing and describe with particularity the nature of the violation, including specific reference to the provision of law or the regulation determined to have been violated, and the amount of the fine, if any. A citation must be issued for each violation of this chapter or any regulation adopted by the board.
3. Where appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.
4. The administrative fine assessed by the board must not exceed $2,500 for each violation. In assessing a fine the board shall give consideration to the appropriateness of the amount of the fine with respect to such factors as the gravity of the violation, the good faith of the licensee and the history of previous violations.
5. A citation must inform the licensee that if he desires a hearing to contest the funding of a violation or the amount of the fine assessed, the hearing must be requested by written notice to the board within 30 days after the date of issuance of the citation. If a hearing is not requested pursuant to this section, payment of any fine does not constitute an admission of the violation charged.
6. Failure of a licensee to pay a fine within 30 days after the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. Where a citation is not contested and a fine is not paid, the full amount of the fine that is assessed must be added to the fee for renewal of the license. A license must not be renewed without payment of the renewal fee and fine.
7. Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine constitutes a satisfactory resolution of the matter for purposes of public disclosure of the disposition of the violation.
κ1991 Statutes of Nevada, Page 2069 (CHAPTER 623, AB 586)κ
constitutes a satisfactory resolution of the matter for purposes of public disclosure of the disposition of the violation.
8. Administrative fines collected pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
9. The board may adopt regulations to carry out this section. It may also adopt regulations to establish similar provisions for the issuance of a citation to a person who is practicing veterinary medicine without a license.
Sec. 5. NRS 638.127 is hereby amended to read as follows:
638.127 1. On or before January 1 of each year, the executive secretary shall mail to each person licensed under the provisions of this chapter an application form for the renewal of his license.
2. Each applicant for renewal must complete the form and return it to the executive secretary, accompanied by the renewal fee [,] and full payment of all fines which he owes to the board, before March 1 of each year. The renewal fee [may be set by the board in an amount not to exceed $200.] for active licensees and licensees on inactive status must be in an amount determined by the board.
3. Upon receipt of the application and [fee,] payment of the renewal fee and all fines owed, the board shall issue to that person a certificate of renewal.
4. Any person who fails to renew his license on or before May 1 of each year forfeits his license.
5. When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate the license and issue a certificate of renewal upon payment of the renewal fee , all fines owed and a delinquency penalty of $10 for each month or fraction thereof the license was not renewed after March 1.
6. If a licensee does not practice for more than 12 consecutive months, the board may require him to take an examination to determine his competency before renewing his license.
________
Assembly Bill No. 560Assemblymen Wendell Williams and Arberry
CHAPTER 624
AN ACT making an appropriation to the department of human resources for the support of the tutorial program for economically disadvantaged youths at the Doolittle Community Center; and providing other matters properly relating thereto.
[Approved July 5, 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 human resources the sum of $150,000 for the support of the tutorial program based at the Doolittle Community Center which provides to economically disadvantaged youths classes to encourage self-esteem, classes to discourage the use of alcohol and controlled substances and similar programs for preschool children.
κ1991 Statutes of Nevada, Page 2070 (CHAPTER 624, AB 560)κ
economically disadvantaged youths classes to encourage self-esteem, classes to discourage the use of alcohol and controlled substances and similar programs for preschool children.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 471Committee on Ways and Means
CHAPTER 625
AN ACT relating to water; authorizing the interim finance committee to make a special distribution from the contingency fund to a local government for the defense of interstate water litigation; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 538 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. If a judicial or administrative proceeding has been initiated, by or on behalf of a person or other entity from outside of this state, that could adversely affect or place in jeopardy a water right or supply of water within this state, a local government may submit a request to the director of the state department of conservation and natural resources for a special distribution by the interim finance committee from the contingency fund.
2. The director of the state department of conservation and natural resources shall consider the request, may require from the requester such additional information as it deems appropriate, and shall, if he finds that a special distribution should be made, request approval from the state board of examiners and amount of the distribution to the interim finance committee for its independent evaluation and action. The interim finance committee is not bound to follow the recommendation of the state board of examiners or the director of the state department of conservation and natural resources.
3. The state board of examiners and the director of the state department of conservation and natural resources shall transmit its recommendation to the director of the legislative counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
4. The interim finance committee may make a special distribution from the contingency fund if it finds that:
(a) The grant will be expended to assist local governments in the defense and protection of water rights and supplies of water, on behalf of the people of this state, from any challenge or encroachment originating outside of this state; and
κ1991 Statutes of Nevada, Page 2071 (CHAPTER 625, AB 471)κ
of this state, from any challenge or encroachment originating outside of this state; and
(b) The requester will provide an amount of money, at least equal to the grant, for the same purpose.
5. The recipient of a special distribution made pursuant to this section:
(a) Shall provide an amount of money at least equal to the allocation which must be used for the same purpose.
(b) May, in accomplishing the public purpose set forth in paragraph (a) of subsection 4, use the money to employ legal counsel and other consultants necessary to participate in or negotiate the settlement of judicial or administrative proceedings concerning water rights or supplies of water.
(c) Shall report to the interim finance committee upon the expenditure of the money at such times and in such detail as is required by the interim finance committee.
6. The total of the special distributions made by the interim finance committee pursuant to this section must not exceed $250,000 during each biennium. Any money distributed pursuant to this section that is not expended for the purpose for which it was distributed reverts to the contingency fund at such time as is specified by the interim finance committee.
7. As used in this section, local government means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.
Sec. 5. 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 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 [.] and section 4 of this act. 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.
κ1991 Statutes of Nevada, Page 2072 (CHAPTER 625, AB 471)κ
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. 6. NRS 353.266 is hereby amended to read as follows:
353.266 1. The contingency fund is hereby created as a trust fund. Money for the fund must be provided by direct legislative appropriation.
2. Money in the contingency fund may be allocated and expended within the limitations and in the manner provided in NRS 353.268 and 353.269 [:] and section 4 of this act:
(a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses.
(b) To meet expenses under requirements of law.
Sec. 7. 1. This section, sections 1 to 4, inclusive, and section 6 of this act, become effective on July 1, 1991.
2. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1991.
________
κ1991 Statutes of Nevada, Page 2073κ
Assembly Bill No. 443Committee on Ways and Means
CHAPTER 626
AN ACT making an appropriation to the department of the military for the payment of expenses related to maintenance projects, roofing repairs and the replacement of boilers and tanks at armories throughout the state; and providing other matters properly relating thereto.
[Approved July 5, 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 $406,000 for the payment of expenses related to maintenance projects, roofing repairs and the replacement of boilers and tanks at armories throughout the state.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 442Committee on Ways and Means
CHAPTER 627
AN ACT relating to the division of state parks of the state department of conservation and natural resources; making an appropriation for the improvement of park facilities; extending the time for repayment and reversion of money previously appropriated; authorizing a delay in certain expenditures for recreational planning; and providing other matters properly relating thereto.
[Approved July 5, 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 state parks of the department of conservation and natural resources the sum of $977,691 for the payment of expenses related to structural and other improvements to park facilities throughout the state. The money must be used as follows:
1. Cathedral Gorge State Park, $347,000.
2. Echo Canyon State Park, $108,860.
3. Lake Tahoe Nevada State Park, $88,412.
4. Valley of Fire State Park, $38,934.
5. Dayton State Park, $84,111.
6. Spring Mountain Ranch State Park, $4,500.
7. Maintenance projects, $305,874.
κ1991 Statutes of Nevada, Page 2074 (CHAPTER 627, AB 442)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. Section 4 of chapter 383, Statutes of Nevada 1987, as amended by chapter 685, Statutes of Nevada 1989, at page 1589, is hereby amended to read as follows:
Sec. 4. Except as otherwise provided in this section, any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, and reverts to the state general fund as soon as all payments of money committed have been made. Any remaining balance of the appropriation made by subsection 6 of section 1 of this act must not be committed for expenditure after June 30, [1991.] 1993.
Sec. 4. Section 4 of chapter 685, Statutes of Nevada 1989, at page 1589, is hereby amended to read as follows:
Sec. 4. The division of state parks of the state department of conservation and natural resources may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the divisions budget for planning and development. Any such money borrowed:
1. Before or during the fiscal year 1989-90 must be repaid no later than June 30, 1990.
2. During the fiscal year 1990-91 must be repaid no later than June 30, [1991.] 1992.
Sec. 5. Section 5 of chapter 685, Statutes of Nevada 1989, at page 1589, is hereby amended to read as follows:
Sec. 5. Any remaining balance of the appropriation made by section 1 of this act :
1. For use as provided in paragraphs (a), (e), (j) and (k) of subsection 1 of that section, must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.
2. For use as provided in paragraphs (b), (c), (d), (f) to (i), inclusive, (l) and (m) of subsection 1 of that section, 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. 6. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth in:
1. Subsection 6 of section 1 of chapter 383, Statutes of Nevada 1987;
2. Paragraphs (b), (c), (d), (f) to (i), inclusive, (l) and (m) of subsection 1 of section 1 of chapter 685, Statutes of Nevada 1989; and
3. Section 1 of this act,
until the last Friday of the August immediately following the end of the fiscal year.
Sec. 7. With the approval of the interim finance committee, the division of state parks of the state department of conservation and natural resources may expend during fiscal year 1992-93 not more than $100,000 of the money made available by the Federal Government for the conservation of land or water, which is authorized for expenditure during fiscal year 1991-92 pursuant to section 1 of Senate Bill No.
κ1991 Statutes of Nevada, Page 2075 (CHAPTER 627, AB 442)κ
expend during fiscal year 1992-93 not more than $100,000 of the money made available by the Federal Government for the conservation of land or water, which is authorized for expenditure during fiscal year 1991-92 pursuant to section 1 of Senate Bill No. 646 of this session, for the Statewide Comprehensive Outdoor Recreation Plan.
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 414Committee on Health and Welfare
CHAPTER 628
AN ACT making an appropriation to the health division of the department of human resources for the Special Supplemental Food Program for Women, Infants and Children; and providing other matters properly relating thereto.
[Approved July 5, 1991]
whereas, The Federal Government funds the Special Supplemental Food Program for Women, Infants and Children, commonly known as the WIC program, that is administered by the Department of Agriculture; and
whereas, The WIC program provides nutritious supplemental foods such as fruit juice, milk, eggs, cheese, infant formula and baby cereal to eligible participants; and
whereas, Fifty-one percent of all potentially eligible women and children in Nevada are not served by the WIC program; and
whereas, No state money is currently available to the program; now, therefor,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $600,000 for the special supplemental food program for women, infants and children commonly known as the WIC program.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective on June 30, 1991.
________
κ1991 Statutes of Nevada, Page 2076κ
Assembly Bill No. 386Assemblymen Giunchigliani, Wong, Anderson, Wendell Williams, Gibbons, Lambert, Myrna Williams, Norton, Arberry, Bache, Sader, Haller, Gregory, Elliott, Bennett, Callister, Price, Petrak, Humke, Freeman, McGaughey and Dini
CHAPTER 629
AN ACT relating to education; requiring the establishment of a kindergarten in each elementary school or each school attendance area in a school district; providing an exception under certain circumstances; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.030 is hereby amended to read as follows:
388.030 The board of trustees of a school district may divide the public schools within the school district into kindergarten, elementary, high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments, if:
1. The division into departments is in accordance with the state courses of study and regulations of the state board of education; and
2. There is money for all [such departments; if not, then] of the departments, or if money is not available for all of the departments, the division [must be] is made in the order in which the departments are named in this section . [, excepting the kindergarten department, which must not be considered as taking precedence over the elementary or high school departments.]
Sec. 2. NRS 388.060 is hereby amended to read as follows:
388.060 1. [The] Except as otherwise provided in this subsection, the board of trustees of [a] each school district [, with the approval of the superintendent of public instruction, may] shall establish, equip and maintain a kindergarten or kindergartens in [a] each elementary school or each school attendance area [.] in the district. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school and the board may determine whether to establish a kindergarten for those children.
2. Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment must be counted for [apportionment purposes.] the purposes of apportionment.
3. Except as otherwise provided in subsection 4, if a child will not arrive at the age of 5 by September 30, the child must not be admitted to kindergarten until the beginning of the school year following his fifth birthday.
4. A child who becomes a resident of this state after beginning kindergarten in another state in accordance with the laws of that state may be admitted to kindergarten [if a kindergarten has been established in his school attendance area,] regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
κ1991 Statutes of Nevada, Page 2077 (CHAPTER 629, AB 386)κ
5. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
Sec. 3. The amendatory provisions of section 2 of this act first apply to the 1992-93 school year.
________
Assembly Bill No. 301Committee on Judiciary
CHAPTER 630
AN ACT relating to court-appointed counsel; revising the fees paid to certain attorneys appointed to represent criminal defendants; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2, 3 and 4, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee [in accordance with the following schedule:
(a) For consultation, research] for court appearances and other time reasonably spent on the matter to which the appointment is made, [except court appearances, $40 per hour.
(b) For court appearances,] $60 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, [$6,000;] $12,000;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $2,500;
(c) If the most serious crime is a misdemeanor, $750;
(d) For an appeal of one or more misdemeanor convictions, $750; or
(e) For an appeal of one or more gross misdemeanor or felony convictions, $2,500.
3. An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.
4. If the appointing court because of:
(a) The complexity of a case or the number of its factual or legal issues;
(b) The severity of the offense;
κ1991 Statutes of Nevada, Page 2078 (CHAPTER 630, AB 301)κ
(c) The time necessary to provide an adequate defense; or
(d) Other special circumstances,
deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.
5. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
Sec. 2. Section 22 of Assembly Bill No. 227 of this session is hereby amended to read as follows:
Sec. 22. (Deleted by amendment.)
________
Assembly Bill No. 286Assemblymen Evans, Dini, Freeman, Porter, Kerns, Myrna Williams and McGaughey
CHAPTER 631
AN ACT relating to venture capital; requiring, under certain circumstances, the director of the department of commerce to develop a plan for a program for the use of public and private money as capital for investment in new enterprises; requiring the director of the department of commerce to submit a report for presentation at the next session of the legislature; making an appropriation; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the director of the department of commerce the sum of $50,000 to develop or contract for the development of a plan for a program for the use of public and private money as capital for investment in new enterprises.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. 1. The director of the department of commerce shall not expend or contract for the expenditure of any money from the appropriation made by section 1 of this act unless at least an equal amount of money is committed for expenditure from a source other than the State of Nevada for the development of a plan for a program for the use of public and private money as capital for investment in new enterprises.
κ1991 Statutes of Nevada, Page 2079 (CHAPTER 631, AB 286)κ
2. The director may contract with any legal entity for the development of the plan, including, without limitation, a natural person, a corporation, a partnership, an association, a trust, a joint venture, an unincorporated organization, or any other form of business organization. The director is not required to expend or contract for the expenditure of the money appropriated by section 1 of this act unless he is satisfied that at least $50,000 has been committed for expenditure from a source other than the State of Nevada in accordance with subsection 1.
Sec. 3. If any of the money appropriated by section 1 of this act is expended, the director of the department of commerce shall prepare and submit a report to the interim finance committee, if the legislature is not in regular session, or to the director of the legislative counsel bureau for presentation to the 67th session of Nevada Legislature. The report must include a detailed market analysis and plan for a program for the use of public and private money as capital for investment in new enterprises.
Sec. 4. This act becomes effective upon passage and approval and expires by limitation on July 1, 1993.
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Assembly Bill No. 268Assemblymen Humke, Evans, Callister, Arberry, Price, Lambert, McGinness, Spitler, Haller, Pettyjohn, Heller, McGaughey, Carpenter, Stout, Giunchigliani, Bergevin, Wendell Williams, Gibbons, Gregory, Krenzer, Goetting, Anderson and Myrna Williams
CHAPTER 632
AN ACT relating to public schools; providing for the development of programs to aid certain pupils at risk of dropping out of school and to prevent substance abuse; limiting the use of a specific appropriation to the department of education; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
The state board in cooperation with the board of trustees of the various county school districts shall develop for pupils in the first through eighth grades:
1. Programs designed to reduce the number of pupils who drop out of school; and
2. Programs for the prevention of the abuse of alcohol and controlled substances.
Sec. 2. The money specifically appropriated for school improvement by the legislature to the department of education for the fiscal years 1991-92 and 1992-93 must be distributed by the department to the local school districts for the payment of:
κ1991 Statutes of Nevada, Page 2080 (CHAPTER 632, AB 268)κ
1. The salaries and related benefits of the additional counselors employed by the districts for the 1991-92 and 1992-93 school years to assist in the programs developed pursuant to section 1 of this act; and
2. Any costs of certification of those counselors by the bureau of alcohol and drug abuse of the department of human resources.
Sec. 3. This act becomes effective on July 1, 1991.
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Assembly Bill No. 258Assemblyman Dini
CHAPTER 633
AN ACT making an appropriation to the Lyon County school district for the planning of a multi-district vocational technical high school; and providing other matters properly relating thereto.
[Approved July 5, 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 Lyon County School District the sum of $50,000 for the planning of a multi-district vocational technical high school.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on June 30, 1991.
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Assembly Bill No. 229Assemblyman Dini
CHAPTER 634
AN ACT making appropriations for the restoration of Yerington Grammar School No. 9 and train depot in Fernley; and providing other matters properly relating thereto.
[Approved July 5, 1991]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to Yerington Grammar School No. 9 Restoration, Inc., the sum of $40,000 for the restoration of Yerington Grammar School No. 9.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.