[Rev. 2/12/2019 1:55:37 PM]
LAWS OF THE STATE OF NEVADA
κ1993 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-SEVENTH SESSION OF THE LEGISLATURE
1993
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Senate Bill No. 1Senators Raggio and Titus
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 22, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $5,000,000.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 74Committee on Judiciary
CHAPTER 2
AN ACT relating to punishment for crimes; imposing an additional penalty for a criminal violation of certain statutory provisions governing securities and commodities if the victim is 65 years of age or older; and providing other matters properly relating thereto.
[Approved March 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.167 is hereby amended to read as follows:
193.167 1. Except as otherwise provided in NRS 193.169, any person who commits the crime of:
(a) Assault;
(b) Battery;
(c) Kidnaping;
(d) Robbery;
(e) Sexual assault;
κ1993 Statutes of Nevada, Page 2 (CHAPTER 2, AB 74)κ
(f) Embezzlement of money or property of a value of $250 or more;
(g) Obtaining money or property of a value of $250 or more by false pretenses; or
(h) Taking money or property from the person of another,
against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this [section] subsection must run consecutively with the sentence prescribed by statute for the crime.
2. Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the criminal violation. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the criminal violation.
3. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
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Assembly Bill No. 48Committee on Judiciary
CHAPTER 3
AN ACT relating to purchase money security interests; extending the period for the perfection of a purchase money security interest; and providing other matters properly relating thereto.
[Approved March 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.9301 is hereby amended to read as follows:
104.9301 1. Except as otherwise provided in subsection 2, an unperfected security interest is subordinate to the rights of:
(a) Persons entitled to priority under NRS 104.9312.
(b) A person who becomes a lien creditor before the security interest is perfected.
(c) In the case of goods, instruments, documents and chattel paper, a person who is not a secured party and who is a transferee in bulk or other buyer not in ordinary course of business, or is a buyer of farm products in ordinary course of business, to the extent that he gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected.
(d) In the case of accounts and general intangibles, a person who is not a secured party and who is a transferee to the extent that he gives value without knowledge of the security interest and before it is perfected.
κ1993 Statutes of Nevada, Page 3 (CHAPTER 3, AB 48)κ
2. If the secured party files with respect to a purchase money security interest before or within [10] 20 days after the debtor receives possession of the collateral, he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing.
3. A lien creditor means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of filing of the petition or a receiver in equity from the time of appointment.
4. A person who becomes a lien creditor while a security interest is perfected takes subject to the security interest only to the extent that it secures advances made before he becomes a lien creditor or within 45 days thereafter or made without knowledge of the lien or pursuant to a commitment entered into without knowledge of the lien.
Sec. 2. NRS 104.9312 is hereby amended to read as follows:
104.9312 1. The rules of priority stated in other sections of this part and in the following sections shall govern when applicable: NRS 104.9208 with respect to the security interests of collecting banks in items being collected, accompanying documents and proceeds; NRS 104.9103 on security interests related to other jurisdictions; 104.9114 on consignments.
2. [There is no subsection 2.]
3. A perfected purchase money security interest in inventory has priority over a conflicting security interest in the same inventory and also has priority in identifiable cash proceeds received on or before the delivery of the inventory to the buyer if:
(a) The purchase money security interest is perfected at the time the debtor receives possession of the inventory; and
(b) The purchase money secured party gives notification in writing to the holder of the conflicting security interest if the holder has filed a financing statement covering the same types of inventory:
(1) Before the date of the filing made by the purchase money secured party;
(2) Before the beginning of the 21-day period where the purchase money security interest is temporarily perfected without filing or possession (subsection 5 of NRS 104.9304); and
(c) The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and
(d) The notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type.
4. A purchase money security interest in collateral other then inventory has priority over a conflicting security interest in the same collateral or its proceeds if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within [10] 20 days thereafter.
5. In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections 3 and 4 of this section), priority between conflicting security interests in the same collateral shall be determined according to the following rules:
κ1993 Statutes of Nevada, Page 4 (CHAPTER 3, AB 48)κ
between conflicting security interests in the same collateral shall be determined according to the following rules:
(a) Conflicting security interests rank according to priority in time of filing or perfection. Priority dates from the time a filing is first made covering the collateral or the time the security interest is first perfected, whichever is earlier, provided that there is no period thereafter when there is neither filing nor perfection.
(b) So long as conflicting security interests are unperfected, the first to attach has priority.
6. For the purposes of subsection 5 a date of filing or perfection as to collateral is also a date of filing or perfection as to proceeds.
7. If future advances are made while a security interest is perfected by filing or the taking of possession, the security interest has the same priority for the purposes of subsection 5 with respect to the future advances as it does with respect to the first advance. If a commitment is made before or while the security interest is so perfected, the security interest has the same priority with respect to advances made pursuant thereto. In other cases a perfected security interest has priority from the date the advance is made.
Sec. 3. NRS 104.9313 is hereby amended to read as follows:
104.9313 1. In this section and in the provisions of part 4 of this article referring to fixture filing, unless the context otherwise requires:
(a) Goods are fixtures when they become so related to particular real estate that an interest in them arises under real estate law.
(b) A fixture filing is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which are or are to become fixtures and conforming to the requirements of subsection 5 of NRS 104.9402.
(c) A mortgage is a construction mortgage to the extent that it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates.
2. A security interest under this article may be created in goods which are fixtures or may continue in goods which become fixtures, but no security interest exists under this article in ordinary building materials incorporated into an improvement on land.
3. This article does not prevent creation of an encumbrance upon fixtures pursuant to real estate law.
4. A perfected security interest in fixtures has priority over the conflicting interest of an encumbrancer or owner of the real estate where:
(a) The security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within [10] 20 days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or
(b) The security interest is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor has an interest of record in the real estate or is in possession of the real estate; or
κ1993 Statutes of Nevada, Page 5 (CHAPTER 3, AB 48)κ
(c) The fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this article; or
(d) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article.
5. A security interest in fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate where:
(a) The encumbrancer or owner has consented in writing to the security interest or has disclaimed an interest in the goods as fixtures; or
(b) The debtor has a right to remove the goods as against the encumbrancer or owner. If the debtors right terminates, the priority of the security interest continues for a reasonable time.
6. Notwithstanding paragraph (a) of subsection 4 but otherwise subject to subsections 4 and 5, a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent that it is given to refinance a construction mortgage, a mortgage has this priority to the same extent as the construction mortgage.
7. In cases not within the preceding subsections, a security interest in fixtures is subordinate to the conflicting interest of an encumbrancer or owner of the related real estate who is not the debtor.
8. When the secured party has priority over all owners and encumbrancers of the real estate, he may, on default, subject to the provisions of part 5, remove his collateral from the real estate but he must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity for replacing them. A person entitles to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation.
Sec. 4. The amendatory provisions of this act apply to a purchase money security interest in which the debtor takes possession of the collateral on or after October 1, 1993.
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κ1993 Statutes of Nevada, Page 6κ
Senate Bill No. 13Committee on Judiciary
CHAPTER 4
AN ACT relating to the department of prisons; clarifying the authority of the director of the department to determine the appropriate method to test an offender for the human immunodeficiency virus; and providing other matters properly relating thereto.
[Approved March 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.385 is hereby amended to read as follows:
209.385 1. Each offender committed to the custody of the department for evaluation or imprisonment shall submit to [an initial test,] such initial tests as the director determines appropriate to detect exposure to the human immunodeficiency virus. Each such test must be approved by regulation of the state board of health . [, to detect exposure to the human immunodeficiency virus.] At the time the offender is committed to custody and after any incident involving the offender:
(a) [The test] The appropriate approved tests must be administered; and
(b) The offender must receive counseling regarding the virus.
2. If the results of any initial test are positive, the offender shall submit to [a supplemental test] such supplemental tests as the director determines appropriate. Each such test must be approved for the purpose by regulation of the state board of health.
3. If the results of any supplemental test are positive, the name of the offender must be disclosed to:
(a) The director;
(b) The administrative officers of the department who are responsible for the classification and medical treatment of offenders;
(c) The manager or warden of the facility or institution at which the offender is confined; and
(d) Each other employee of the department whose normal duties involve him with the offender or require him to come into contact with the blood or bodily fluids of the offender.
4. The offender must be segregated from every other offender whose test results are negative if:
(a) The results of any supplemental test are positive; and
(b) The offender engages in behavior that increases the risk of transmitting the virus, such as battery, the infamous crime against nature, sexual intercourse in its ordinary meaning or illegal intravenous injection of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
5. The director, with the approval of the board:
(a) Shall establish for inmates and employees of the department an educational program regarding the virus whose curriculum is provided by the health division of the department of human resources. Any person who provides instruction for this program must be certified to do so by the health division.
(b) May adopt such regulations as are necessary to carry out the provisions of this section.
κ1993 Statutes of Nevada, Page 7 (CHAPTER 4, SB 13)κ
6. As used in this section, incident means any occurrence, of a kind specified by regulation of the state board of health, that entails a significant risk of exposure to the human immunodeficiency virus.
Sec. 2. NRS 209.511 is hereby amended to read as follows:
209.511 1. When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director:
(a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the director.
(b) Shall give him notice of the provisions of NRS 202.360 and 207.080 to 207.150, inclusive.
(c) Shall require him to sign an acknowledgment of the notice required in paragraph (b).
(d) May provide him with clothing suitable for reentering society.
(e) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction.
(f) Shall require him to submit to [a] at least one test for exposure to the human immunodeficiency virus.
2. The costs authorized in paragraphs (a), (d), (e) and (f) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid.
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Assembly Bill No. 51Committee on Judiciary
CHAPTER 5
AN ACT relating to gaming; clarifying the nature and extent of the fee imposed on compensation received in payment of credit instruments held by a licensee who concludes a gaming operation; and providing other matters properly relating thereto.
[Approved March 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.3857 is hereby amended to read as follows:
463.3857 1. Except as otherwise provided in NRS 463.386, the commission shall charge and collect from each licensee who concludes a gaming operation, a monthly fee [based on the value of any collectible] on all cash or other compensation received by the licensee or any affiliate of the licensee in payment of any credit instrument received as a result of that gaming operation which is held by the licensee or any affiliate of the licensee and remains unpaid on the last tax day.
2. The fee must be:
(a) Calculated by [using] applying to the amount of cash or other compensation received in payment of a credit instrument during the month a rate derived from the application of the rates and monetary limits set forth in NRS 463.370 [;] to the licensees experience in receiving payment of credit instruments before concluding gaming operations; and
κ1993 Statutes of Nevada, Page 8 (CHAPTER 5, AB 51)κ
463.370 [;] to the licensees experience in receiving payment of credit instruments before concluding gaming operations; and
(b) Collected and refunded pursuant to the regulations adopted by the commission.
3. To secure payment of the fee, the licensee must make a cash deposit or post and maintain a surety bond or other acceptable form of security with the commission in an amount determined by applying the rate derived pursuant to paragraph (a) of subsection 2 to the value of all collectible credit instruments.
4. As used in this section [, last tax day] :
(a) Last tax day means the last day for which a licensee is legally obligated to pay the fees imposed pursuant to NRS 463.370.
(b) Value of all collectible credit instruments means the amount of cash or other compensation the licensee may reasonably expect to receive in payment of unpaid credit instruments after conclusion of his gaming operation, taking into account all relevant factors.
Sec. 2. The legislature hereby finds and declares that:
1. The amendments made by this act clarify the original intent of the legislature in adopting NRS 463.3857; and
2. Regulation 6.125 of the Nevada gaming commission, as adopted on September 26, 1991, is consistent with that original legislative intent.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 5Committee on Judiciary
CHAPTER 6
AN ACT relating to the execution of judgments; requiring a report of a presentence investigation to include information relating to the defendants obligation to pay for the support of a child; requiring a district judge to consider imposing conditions of probation which would facilitate the payment by the defendant of his obligation for the support of a child; and providing other matters properly relating thereto.
[Approved March 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.145 is hereby amended to read as follows:
176.145 1. The report of the presentence investigation must contain:
[1.] (a) Any prior criminal record of the defendant;
[2.] (b) Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense , as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
[3.] (c) Information concerning the effect that the crime committed by the defendant has had upon the victim, including , but not limited to , any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;
κ1993 Statutes of Nevada, Page 9 (CHAPTER 6, AB 5)κ
testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;
(d) Information concerning whether he has an obligation for the support of a child, and if so, whether he is in arrears in payment on that obligation;
[4.] (e) A recommendation of a definite term of confinement or an amount of fine, or both;
[5.] (f) A recommendation, if the department deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to NRS 176.2248; and
[6.] (g) Such other information as may be required by the court.
2. The department of parole and probation may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.
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 NRS 176.198.
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.
4. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
κ1993 Statutes of Nevada, Page 10 (CHAPTER 6, AB 5)κ
the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
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Senate Bill No. 97Committee on Natural Resources
CHAPTER 7
AN ACT relating to the management of solid waste; requiring a permit for the construction or operation of a municipal solid waste landfill; requiring a permit for the operation of a disposal site; expanding the regulatory authority of the state environmental commission and the state department of conservation and natural resources; extending and changing the manner for collection and use of a certain fee for the purchase of a tire; and providing other matters properly relating thereto.
[Approved March 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Municipal solid waste landfill has the meaning ascribed to it in the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
Sec. 3. Solid waste management authority means:
1. The district board of health in any area in which a health district has been created pursuant to NRS 439.370 and in any area over which the board has authority pursuant to an interlocal agreement, if the board has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act.
2. In all other areas of the state, the division of environmental protection of the state department of conservation and natural resources.
Sec. 4. 1. The state controller shall allocate and remit, on a quarterly basis, the money in the solid waste management account as follows:
(a) To the department of taxation, 0.5 percent.
(b) To the state department of conservation and natural resources, 44.5 percent.
(c) To the district board of health of the health district which has the largest population in this state, 30 percent.
(d) To the district board of health of the health district which has the second largest population in this state, 25 percent.
If more than two health districts are created within this state, the state department of conservation and natural resources shall transfer to the district boards of health of those additional districts an amount determined by the department to be necessary to carry out the health districts duties pursuant to NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act. If less than two health districts are created within this state, the amount otherwise allocated to a health district must be allocated to the state department of conservation and natural resources.
κ1993 Statutes of Nevada, Page 11 (CHAPTER 7, SB 97)κ
2. The money allocated pursuant to subsection 1 to the state department of conservation and natural resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act.
3. The state department of conservation and natural resources shall transfer to the office of community services a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the states plan for solid waste management.
Sec. 5. 1. The state environmental commission and the district board of health of a health district created pursuant to NRS 439.370 shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills. The program must ensure compliance with the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, and carry out the purpose and intent of this section.
2. The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the state environmental commission.
Sec. 6. 1. Before constructing or operating a municipal solid waste landfill, the owner or operator of the landfill shall obtain a permit issued by the solid waste management authority.
2. A permit for the construction or operation of a municipal solid waste landfill is subject to the general conditions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto.
3. Any documents submitted in connection with an application for a permit, including any modifications requested by the solid waste management authority that require corrective action to the proposed construction or operation, are public records and must be made available for public comment. The final determinations made by the solid waste management authority on an application for a permit are public records.
4. A permit issued by a solid waste management authority must be conditioned upon all requirements that are necessary to ensure continuing compliance with:
(a) The requirements of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, which describe:
(1) General standards for a municipal solid waste landfill;
(2) Restrictions on the location of such a landfill;
(3) Criteria for the operation of such a landfill;
(4) Criteria for the design of such a landfill;
(5) Requirements for monitoring ground water and standards for corrective actions related thereto;
(6) Standards of care related to the closure of such a landfill; and
(7) Financial requirements for the owners or operators of such landfills;
(b) The applicable regulations of the state environmental commission; and
(c) The applicable laws of this state.
5. A solid waste management authority may:
κ1993 Statutes of Nevada, Page 12 (CHAPTER 7, SB 97)κ
(a) Obtain, and the owner or operator of a municipal waste landfill shall deliver upon request, any information necessary to determine whether the owner or operator is or has been in compliance with the terms and conditions of the permit, the regulations of the state environmental commission, the applicable laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto;
(b) Conduct monitoring or testing to ensure that the owner or operator is or has been in compliance with the terms and conditions of the permit; and
(c) Enter any site or premises subject to the permit, during normal business hours, on which records relevant to the municipal solid waste landfill are kept in order to inspect those records.
Sec. 7. 1. A solid waste management authority shall establish a program to monitor the compliance of a municipal solid waste landfill with the terms and conditions of the permit issued for that landfill, the regulations of the state environmental commission, the applicable laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The program must include procedures to:
(a) Verify the accuracy of any information submitted by the owner or operator of the landfill to the authority;
(b) Verify the adequacy of sampling procedures and analytical methods used by the owner or operator of the landfill; and
(c) Require the owner or operator to produce all evidence which would be admissible in a proceeding to enforce compliance.
2. The solid waste management authority shall receive and give appropriate consideration to any information submitted by members of the public regarding the continuing compliance of an owner or operator with the permit issued by the authority.
3. In the administration of any permit issued by a solid waste management authority, the authority shall establish procedures that permit intervention pursuant to Rule 24 of the Nevada Rules of Civil Procedure. The authority shall not oppose intervention on the ground that the applicants interest is adequately represented by the authority.
Sec. 8. 1. The solid waste management authority shall, in accordance with the regulations of the state environmental commission adopted pursuant to NRS 444.560, issue permits to operate disposal sites.
2. A person shall not operate or authorize the operation of a disposal site unless the operator:
(a) Holds a permit to operate the disposal site issued by the solid waste management authority; and
(b) Complies with the terms and conditions of the permit.
Sec. 9. If the solid waste management authority receives information that the handling, storage, recycling, transportation, treatment or disposal of any solid waste presents or may present a threat to human health, public safety or the environment, or is in violation of a term or conditions of a permit issued pursuant to section 6 or 8 of this act, a statute, a regulation or an order issued pursuant to section 10 of this act, the authority may, in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act:
κ1993 Statutes of Nevada, Page 13 (CHAPTER 7, SB 97)κ
other remedy provided in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act:
1. Issue an order directing the owner or operator of the disposal site or any other site where the handling, storage, recycling, transportation, treatment or disposal has occurred or may occur, or any other person who has custody of the solid waste, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the threat or violation.
2. Commence an action in a court of competent jurisdiction to enjoin the act or practice which constitutes the threat or violation in accordance with the provisions of NRS 459.580.
3. Take any other action designed to reduce or eliminate the threat or violation.
Sec. 10. 1. An order issued by a solid waste management authority must:
(a) Specify the term or condition of a permit issued pursuant to section 6 or 8 of this act, or the statute or regulation, which is alleged to have been violated or which is about to be violated, or the threat to human health, public safety or the environment;
(b) Set forth the facts alleged to constitute the violation or threat; and
(c) Prescribe any corrective action which must be taken and a reasonable time within which it must be taken.
2. The order may require the person to whom the order is directed to appear before the solid waste management authority, its authorized representative, or a hearing officer appointed by the authority, to show cause why an action should not be commenced against the person in a court of competent jurisdiction requesting appropriate relief.
Sec. 11. The solid waste management authority may recover, in the name of the State of Nevada, from a person or municipality which violates any statute or regulation, any term or condition of a permit issued pursuant to section 6 or 8 of this act, or any order issued pursuant to section 9 of this act, a civil penalty of not more than $5,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act.
Sec. 12. The solid waste management authority may recover, in the name of the State of Nevada, actual damages which result from a violation of a statute or regulation, any term or condition of a permit issued pursuant to section 6 or 8 of this act, or any order issued pursuant to section 9 of this act. The damages may include expenses incurred by the authority in testing for and removing, correcting or terminating any adverse effects which resulted from the violation. The authority may recover costs and attorneys fees, including those incurred in administrative proceedings. This remedy is in addition to any other remedy provided in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act.
Sec. 13. Any money received by the solid waste management authority pursuant to section 11 or 12 of this act must be deposited with the state treasurer for credit to the solid waste management account, which is hereby created in the state general fund.
Sec. 14. 1. In carrying out the provisions of NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act, the state environmental commission, a district board of health of a health district created pursuant to NRS 439.370, and a solid waste management authority may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
κ1993 Statutes of Nevada, Page 14 (CHAPTER 7, SB 97)κ
NRS 439.370, and a solid waste management authority may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.
2. If any person to whom a subpena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpena, the person who issued the subpena may present a petition, to a court of competent jurisdiction where the person to whom the subpena was directed is subject to service of process, setting forth that:
(a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;
(b) A subpena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and
(c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpena,
and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpena.
3. When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpena was directed.
4. If it appears to the court that the subpena was properly issued and that the persons failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, he may be punished as for a contempt of court.
Sec. 15. NRS 444.450 is hereby amended to read as follows:
444.450 As used in NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 16. NRS 444.460 is hereby amended to read as follows:
444.460 Disposal site means any place at which solid waste is dumped, abandoned or accepted or disposed of by incineration, land filling, composting or any other method. The term includes a municipal solid waste landfill.
Sec. 17. NRS 444.500 is hereby amended to read as follows:
444.500 Solid waste management system means the entire process of storage, collection, transportation, processing , recycling and disposal of solid waste. The term includes plans and programs for the reduction of waste and public education.
Sec. 18. NRS 444.510 is hereby amended to read as follows:
444.510 1. The governing body of every municipality or district board of health created pursuant to NRS 439.370 shall develop a plan to provide for a solid waste management system which adequately provides for the management and disposal of solid waste within the boundaries of the municipality or within the area to be served by the system, whether generated within or outside of the boundaries of the area.
κ1993 Statutes of Nevada, Page 15 (CHAPTER 7, SB 97)κ
within the area to be served by the system, whether generated within or outside of the boundaries of the area.
2. The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.
3. Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and to provide a solid waste management system, or any part thereof.
4. Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 must be submitted to the state department of conservation and natural resources for approval [.] according to a schedule established by the state environmental commission. No action may be taken by that governing body or district board of health until the plan has been approved. The department shall determine the adequacy of the plan within 90 days after receiving the plan. If the department does not respond to the plan within 90 days, the plan shall be deemed approved and becomes effective immediately.
5. [Any regulation or plan adopted by the state board of health before July 1, 1975, for solid waste management systems remains in effect until the regulation or plan is revised by the state environmental commission.] An approved plan remains in effect until the plan is revised and the revised plan is approved. A plan must not conflict with the statewide plan adopted by the state environmental commission pursuant to NRS 444.570. Plans must be revised to reflect proposed changes in the solid waste management system, and changes in applicable regulations.
Sec. 19. NRS 444.560 is hereby amended to read as follows:
444.560 1. The state environmental commission shall adopt regulations concerning solid waste management systems, or any part thereof [.] , including regulations establishing standards for the issuance, renewal, modification, suspension, revocation and denial of, and for the imposition of terms and conditions for, a permit to construct or operate a disposal site.
2. The state environmental commission may establish a schedule of fees for the importation of solid waste into the state. The department may use the money collected under the schedule to defray the cost of managing and regulating the disposal in this state of solid waste which is generated outside of the state.
3. Notice of the intention to adopt and the adoption of any regulation or schedule of fees must be given to the clerk of the governing board of all municipalities in this state.
4. Within a reasonable time, as fixed by the state environmental commission, after the adoption of any regulation, no governing board of a municipality or person may operate or permit an operation in violation of the regulation.
Sec. 20. NRS 444.570 is hereby amended to read as follows:
444.570 1. The [state environmental commission, through the] state department of conservation and natural resources [,] shall:
(a) Advise, consult and cooperate with other agencies and commissions of the state, other states, the Federal Government, municipalities and persons in the formulation of plans for and the establishment of any solid waste management system.
κ1993 Statutes of Nevada, Page 16 (CHAPTER 7, SB 97)κ
the formulation of plans for and the establishment of any solid waste management system.
(b) Accept and administer loans and grants from any person that may be available for the planning, construction and operation of solid waste management systems.
(c) Enforce the provisions of NRS 444.440 to 444.560, inclusive, and sections 5 to 8, inclusive, of this act, and any regulation adopted by the state environmental commission pursuant thereto.
(d) Periodically review the programs of other solid waste management authorities in the state for issuing permits pursuant to sections 6 and 8 of this act and ensuring compliance with the terms and conditions of such permits, the regulations of the state environmental commission, the laws of this state and the provisions of the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto. The director of the state department of conservation and natural resources shall review the adequacy of such programs in accordance with the standards adopted by the United States Environmental Protection Agency to review the adequacy of the state program. If the director determines that a program is inadequate, the department shall act as the solid waste management authority until the deficiency is corrected. A finding by the director that a program is inadequate is not final until reviewed by the state environmental commission. This paragraph does not limit the authority or responsibility of a district board of health to issue permits for disposal sites and enforce the laws of this state regarding solid waste management systems.
(e) Make such investigations and inspections and conduct such monitoring and testing as may be necessary to require compliance with NRS 444.450 to 444.560, inclusive, and sections 5 to 8, inclusive, of this act, and any regulation adopted by the state environmental commission.
2. The state environmental commission shall:
(a) [Develop] In cooperation with governing bodies of municipalities, develop a statewide solid waste management system plan [in cooperation with governing bodies of municipalities.] , and review and revise the plan every 5 years.
(b) Examine and approve or disapprove plans for solid waste management systems.
(c) Review any determination by the director of the state department of conservation and natural resources that a program for issuing permits administered by a solid waste management authority is inadequate. The commission may affirm, modify or reverse the findings of the director.
3. Employees of the state department of conservation and natural resources or its authorized representatives may enter a facility, subject to the provisions of NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act, where solid waste may have been generated, stored, transported, treated or disposed, or where records are kept, and may inspect and copy any records, reports, information or test results relating to the management of the solid waste.
Sec. 21. NRS 444.580 is hereby amended to read as follows:
444.580 1. Any district board of health created pursuant to NRS 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the state environmental commission and any district board of health may issue permits thereunder.
κ1993 Statutes of Nevada, Page 17 (CHAPTER 7, SB 97)κ
regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the state environmental commission and any district board of health may issue permits thereunder.
2. Any district board of health created pursuant to NRS 439.370 may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act. Such regulations must not conflict with regulations adopted by the state environmental commission.
Sec. 22. NRS 444.590 is hereby amended to read as follows:
444.590 1. The state department of conservation and natural resources is hereby designated the state agency for such purposes as are required by the Resource Conservation and Recovery Act of 1976 [(Public Law 94-580)] , 42 U.S.C. §§ 6941 et seq., except that:
(a) The state environmental commission has the exclusive authority to adopt regulations pursuant to 444.440 to 444.620, inclusive, and sections 2 to 14, inclusive, of this act; and
(b) The district boards of health of health districts created pursuant to NRS 439.370 retain the authority to issue permits and adopt regulations pursuant to NRS 444.580.
2. The state department of conservation and natural resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.
Sec. 23. NRS 444.600 is hereby amended to read as follows:
444.600 In addition to any other remedies provided in NRS 444.450 to 444.590, inclusive, and sections 2 to 14, inclusive, of this act, the state department of conservation and natural resources or a solid waste management authority may bring an action in [the district court having jurisdiction over the area where the alleged violation occurs,] a court of competent jurisdiction to enjoin a violation of NRS 444.450 to 444.560, inclusive, or sections 5 to 8, inclusive, of this act, any term or condition of a permit issued pursuant to section 6 or 8 of this act, any order issued pursuant to section 9 of this act, or any regulation adopted by the state environmental commission [.] or solid waste management authority.
Sec. 24. NRS 444.620 is hereby amended to read as follows:
444.620 1. No plan for a solid waste management system adopted pursuant to NRS 444.440 to 444.610, inclusive, and sections 2 to 14, inclusive, of this act, applies to any agricultural activity or agricultural waste.
2. No provision of NRS 444.440 to 444.610, inclusive, and sections 2 to 14, inclusive, of this act, prevents a mining operation from dumping waste from its operation on its own lands.
Sec. 25. NRS 444A.010 is hereby amended to read as follows:
444A.010 As used in NRS 444A.010 to 444A.080, inclusive, unless the context otherwise requires:
1. Department means the state department of conservation and natural resources.
2. Municipality means a county, city, town, general improvement district, health district created pursuant to NRS 439.370 or other political subdivision of this state which has jurisdiction over the management of solid waste.
κ1993 Statutes of Nevada, Page 18 (CHAPTER 7, SB 97)κ
3. Recyclable material means solid waste that can be processed and returned to the economic mainstream in the form of raw materials or products, as determined by the state environmental commission.
4. Solid waste has the meaning ascribed to it in NRS 444.490.
5. Tire for a vehicle includes a tire for a motorized vehicle that is 12 inches or larger in diameter, but does not include a recapped tire or used tire which is sold again.
6. Vehicle means any device in, upon or by which any person or property is or may be transported or drawn upon land. The term does not include:
(a) Devices moved by human or electrical power;
(b) Commercial coaches as defined in NRS 489.062; and
(c) Mobile homes as defined in NRS 489.120.
Sec. 26. Section 23 of chapter 525, Statutes of Nevada 1991, at page 1677, is hereby amended to read as follows:
Sec. 23. Section 2 of this act is hereby amended to read as follows:
Sec. 2. 1. A person who sells [at retail] a new tire for a vehicle to a customer for his use and not for resale shall collect from the purchaser at the time he collects the applicable sales and use taxes for the sale a fee of $1 per tire.
2. The seller shall account separately for all money received as a deposit pursuant to subsection 1. Monthly, in accordance with the [applicable regulations,] regulations adopted pursuant to subsection 3, the seller shall transmit 95 percent of the money held in trust pursuant to this section to the [state department of conservation and natural resources] department of taxation for deposit with the state treasurer for credit to the [account for recycling.] solid waste management account in the state general fund. The remaining 5 percent and all interest and income which accrued on the money while in trust with the seller become the property of the seller on the day the balance for the month is transmitted to the department and may be retained by the seller to cover his related administrative costs.
3. The [state environmental commission shall, by regulation, establish] director of the department of taxation shall adopt regulations establishing acceptable methods for accounting for and transmitting to the department money collected by retailers pursuant to subsection 1. The regulations must, in appropriate situations, allow for the transmission of that money together with the payment of the applicable sales and use taxes.
Sec. 27. Section 24 of chapter 525, Statutes of Nevada 1991, at page 1677, is hereby amended to read as follows:
Sec. 24. On March 15, 1993, the state controller shall transfer any money in the account for recycling which has not been committed for expenditure before March 15, 1993, to the [department of transportation to pay the costs of carrying out the provisions of section 20 of this act.] solid waste management account in the state general fund.
κ1993 Statutes of Nevada, Page 19 (CHAPTER 7, SB 97)κ
Sec. 28. Section 25 of chapter 525, Statutes of Nevada 1991, at page 1677, is hereby amended to read as follows:
Sec. 25. [Sections 2 and] Section 3 of this act [expire] expires by limitation on March 15, 1993.
Sec. 29. The director of the state department of conservation and natural resources shall file an application with the Regional Administrator of the United States Environmental Protection Agency, pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., for a determination of the adequacy of the states program for carrying out the Solid Waste Disposal Facility Criteria Established by regulations adopted pursuant to that section. The application must describe the role of the district boards of health of the health districts created pursuant to NRS 439.370 and of the state department of conservation and natural resources in carrying out the program for issuing permits for municipal solid waste landfills, with the department designated as the primary agency of this state to carry out federal laws and regulations concerning solid waste.
Sec. 30. This act becomes effective upon passage and approval.
________
Senate Bill No. 32Committee on Finance
CHAPTER 8
AN ACT making an appropriation to the legislative fund for the initial expenses involved in serving as the host of the 1993 Western Legislative Conference; and providing other matters properly relating thereto.
[Approved March 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $30,000 for the initial expenses involved in hosting the meeting of the Western Legislative Conference in Las Vegas, Nevada, in September 1993.
Sec. 2. The director of the legislative counsel bureau shall deposit the money appropriated pursuant to section 1 of this act and all other money which he receives in connection with the meeting in the special account for intergovernmental activities created pursuant to NRS 218.641. The money in the account may be expended to pay the expenses of the meeting.
Sec. 3. The legislative commission shall establish guidelines and provide for the approval of expenditures to be made from the special account for intergovernmental activities to pay the expenses of legislators, employees of the legislative counsel bureau and any other person performing duties related to the meeting.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after December 31, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1993 Statutes of Nevada, Page 20 (CHAPTER 8, SB 32)κ
reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 166Committee on Government Affairs
CHAPTER 9
AN ACT relating to the City of Reno; changing the time for the election of certain officers of the City of Reno; and providing other matters properly relating thereto.
[Approved March 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.050 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 159, is hereby amended to read as follows:
Sec. 1.050 Wards: Creation; boundaries.
1. The city must be divided into five wards, which must be as nearly equal in registered voters as can be conveniently provided. The territory comprising each ward must be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.
2. The boundaries of wards must be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of wards must be changed on the second Monday in January preceding any regular [municipal election whenever,] election if, at the close of registration [prior to] before each general state election held in even-numbered years, the number of registered voters in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
3. Ordinances establishing or changing the boundaries of wards must not be passed or amended until the registrar of voters of Washoe County, if his office is created, or the county clerk of Washoe County, if the registrars office is not created, certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 5 percent.
Sec. 2. Section 3.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1394, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties; assistant mayor.
1. The mayor [shall:
(a) Serve] :
κ1993 Statutes of Nevada, Page 21 (CHAPTER 9, AB 166)κ
(a) Shall serve as a member of the city council and preside over its meetings.
(b) [Have no] Must not have any administrative duties.
(c) [Be] Must be recognized as the head of the city government for all ceremonial purposes.
(d) [Determine] Shall determine the order of business at meetings pursuant to the rules of the city council.
(e) [Be] Is entitled to vote and shall vote last on all roll call votes.
(f) [Take] Shall take all proper measures for the preservation of the public peace and order and for the suppression of riots and all forms of public disturbance, for which he is authorized to appoint extra policemen temporarily and without regard to civil service rules and regulations, and to call upon the sheriff of Washoe County, or, if [such] that force is inadequate, to call upon the governor for assistance.
(g) [Perform] Shall perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized [under] pursuant to the provisions of a special charter.
2. At the first regular city council meeting in June of each year, the city council shall elect one of the councilmen to be assistant mayor. [Such person shall:
(a) Hold such] That person:
(a) Holds that office and title, without additional compensation, for a term of 1 year or until removed after a hearing for cause by a vote of six-sevenths of the city council.
(b) [Perform] Shall perform the duties of mayor during the absence or disability of the mayor.
(c) [Act] Shall act as mayor until the next [municipal] election if the office of mayor becomes vacant.
Sec. 3. Section 4.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 208, Statutes of Nevada 1985, at page 675, is hereby amended to read as follows:
Sec. 4.010 Municipal court. The municipal court must include one department and may include additional departments in the discretion of the city council. If the city council determines to create additional departments, it shall do so by resolution and may appoint additional municipal judges to serve until the next [municipal] election.
Sec. 4. Section 5.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 373, Statutes of Nevada 1979, at page 645, is hereby amended to read as follows:
Sec. 5.010 General [municipal] elections.
1. On the Tuesday after the [1st] first Monday in June [1979, and at each successive interval of 4 years, there shall] 1995, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, a mayor, councilmen from the second and fourth wards, a municipal judge [or judges] and a city attorney, all of whom [shall hold office for a term of 4 years and] hold office until their successors have been elected and qualified [.] pursuant to subsection 4.
κ1993 Statutes of Nevada, Page 22 (CHAPTER 9, AB 166)κ
2. On the Tuesday after the [1st] first Monday in June [1981, and at each successive interval of 4 years, there shall] 1993, there must be elected by the qualified voters of the city, at a general municipal election to be held for that purpose, councilmen from the first, third and fifth wards, one councilman at large and [a municipal judge or judges if one or more terms expire,] two municipal judges, all of whom [shall hold office for a term of 4 years and] hold office until their successors have been elected and qualified [.] pursuant to subsection 3.
3. On the Tuesday after the first Monday in November 1996, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, councilmen from the first, third and fifth wards, one councilman at large and two municipal judges, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
4. On the Tuesday after the first Monday in November 1998, and at each successive interval of 4 years, there must be elected by the qualified voters of the city, at the general election, a mayor, councilmen from the second and fourth wards, a municipal judge and a city attorney, all of whom hold office for a term of 4 years and until their successors have been elected and qualified.
Sec. 5. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1977, is hereby amended to read as follows:
Sec. 5.020 Primary [municipal] elections; declaration of candidacy.
1. [A] Except as otherwise provided in this subsection, a candidate for any office to be voted for at [a municipal] an election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at an election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. on the second Tuesday in May. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk [shall] must be deposited to the credit of the general fund of the city.
2. If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at [such] that election, a primary election for any such office [shall] must be held on the Tuesday following the [1st] first Monday in May preceding [such] the general election. If for any general municipal election there are two or [less] fewer candidates for any office to be filled at [such] that election, their names [shall] must not be placed on the ballot for the primary municipal election but [shall] must be placed on the ballot for the general election.
3. If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
κ1993 Statutes of Nevada, Page 23 (CHAPTER 9, AB 166)κ
two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
4. In the primary election, the names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes [shall] must be placed on the ballot for the general election.
Sec. 6. Section 5.030 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1978, is hereby amended to read as follows:
Sec. 5.030 Applicability of state election laws; elections under city council control.
1. All elections held [under this chapter shall] pursuant to this chapter must be governed by the provisions of the election laws of this state, so far as [such] those laws can be made applicable and are not inconsistent herewith.
2. The conduct of all [municipal elections shall] elections must be under the control of the city council. For the conduct of [municipal] elections, for the prevention of fraud in [such] those elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 7. Section 5.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1396, is hereby amended to read as follows:
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any [municipal] election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each [municipal] election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any [such] primary, general or special [city elections,] election, except as otherwise provided in this article.
2. The city council may provide for supplemental registration.
Sec. 8. Section 5.070 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 561, Statutes of Nevada 1977, at page 1396, is hereby amended to read as follows:
Sec. 5.070 Availability of lists of registered voters. If, for any purpose relating to [a municipal] an election or to candidates or issues involved in [such an] that election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall [either] permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list upon payment of the cost established by state election law.
κ1993 Statutes of Nevada, Page 24 (CHAPTER 9, AB 166)κ
Sec. 9. Section 5.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 373, Statutes of Nevada 1979, at page 646, is hereby amended to read as follows:
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general [municipal election shall] election must be filed with the city clerk, who shall immediately place [such] those returns in a safe or vault, and no person may handle, inspect or in any manner interfere with [such] those returns until canvassed by the city council.
2. The city council and city manager shall meet within 10 days after any election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the city clerk for 6 months, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers [so] elected shall qualify and enter upon the discharge of their respective duties at the first regular city council meeting [in June] following their election.
4. If any election [should result] results in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall [then] issue to the winner a certificate of election.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 2Assemblymen Marvel, Carpenter and Neighbors
CHAPTER 10
AN ACT relating to lode mining claims; revising certain requirements concerning the marking of the boundaries of such claims; and providing other matters properly relating thereto.
[Approved March 16, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 517.030 is hereby amended to read as follows:
517.030 1. Within 60 days after posting the notice of location, the locator of a lode mining claim shall distinctly define the boundaries of the claim by placing a valid legal monument at each corner [and at the center of each side line one of the monuments described as follows:
1. The locator must define the boundaries of his claim by removing] of the claim. A valid legal monument may be created by:
(a) Removing the top of a tree (having a diameter of not less than 4 inches) not less than 3 feet above the ground, and blazing and marking it [, or by a rock in place, capping the] ;
κ1993 Statutes of Nevada, Page 25 (CHAPTER 10, AB 2)κ
(b) Capping a rock in place with smaller stones so that the rock and stones have a height of not less than 3 feet [, or by setting] ; or
(c) Setting a wooden or metal post or a stone . [one at each corner and one at the center of each side line.
2. When]
2. If a wooden post is used, [it] the dimensions of the post must be at least [3 1/2 inches in diameter] 1 1/2 inches by 1 1/2 inches by 4 feet [in length] , and the post must be set 1 foot in the ground.
3. [When] If a metal post is used, [it] the post must be at least 2 inches in diameter by 4 feet in length , and it must be set 1 foot in the ground.
[4. When durable plastic pipe is used, it must be at least 3 inches in diameter by 4 feet in length set 1 foot in the ground.
5. When] If the metal post is hollow and:
(a) Is not set before the effective date of the amendatory provisions of this section, the post must be securely capped.
(b) Was set before the effective date of the amendatory provisions of this section, the post must be securely capped on or before August 31, 1995.
4. If it is practically impossible, [on account] because of bedrock or precipitous ground, to sink [the pipes or posts, they] a post, it may be placed in a mound of earth or stones . [, or where] If the proper placing of [the monuments] a monument is impracticable or dangerous to life or limb, the monument may be placed at the nearest point properly marked to designate its right place.
[6. When]
5. If a stone is used (not a rock in place) [it] , the stone must be not less than 6 inches in diameter and 18 inches in length, and it must be set with two-thirds of its length in the top of a mound of earth or stone 3 feet in diameter and 2 1/2 feet in height.
6. Durable plastic pipe that was set before the effective date of the amendatory provisions of this section for the purpose of defining the boundaries of a lode mining claim shall be deemed to constitute a valid legal monument if the pipe is at least 3 inches in diameter by 4 feet in length, and the pipe is set 1 foot in the ground.
Sec. 2. NRS 517.030 is hereby amended to read as follows:
517.030 1. Within 60 days after posting the notice of location, the locator of a lode mining claim shall distinctly define the boundaries of the claim by placing a valid legal monument at each corner of the claim. A valid legal monument may be created by:
(a) Removing the top of a tree (having a diameter of not less than 4 inches) not less than 3 feet above the ground, and blazing and marking it;
(b) Capping a rock in place with smaller stones so that the rock and stones have a height of not less than 3 feet; or
(c) Setting a wooden or metal post or a stone.
2. If a wooden post is used, the dimensions of the post must be at least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post must be set 1 foot in the ground.
3. If a metal post is used, the post must be at least 2 inches in diameter by 4 feet in length, and it must be set 1 foot in the ground. If the metal post is hollow [and;
κ1993 Statutes of Nevada, Page 26 (CHAPTER 10, AB 2)κ
(a) Is not set before the effective date of the amendatory provisions of this section, the post] , it must be securely capped.
[(b) Was set before the effective date of the amendatory provisions of this section, the post must be securely capped on or before August 31, 1995.]
4. If it is practically impossible, because of bedrock or precipitous ground, to sink a post, it may be placed in a mound of earth or stones. If the proper placing of a monument is impracticable or dangerous to life or limb, the monument may be placed at the nearest point properly marked to designate its right place.
5. If a stone is used (not a rock in place), the stone must be not less than 6 inches in diameter and 18 inches in length, and it must be set with two-thirds of its length in the top of a mound of earth or stone 3 feet in diameter and 2 1/2 feet in height.
6. Durable plastic pipe that was set before the effective date of the amendatory provisions of [this] section 1 of this act for the purpose of defining the boundaries of a lode mining claim shall be deemed to constitute a valid legal monument if [the] :
(a) The pipe is at least 3 inches in diameter by 4 feet in length, and the pipe is set 1 foot in the ground [.] ; and
(b) The pipe is securely capped with no open perforations.
Sec. 3. 1. This section and section 1 of this act becomes effective upon passage and approval.
2. Section 2 of this act becomes effective on September 1, 1995.
________
Assembly Bill No. 183Committee on Commerce
CHAPTER 11
AN ACT relating to metropolitan police departments; requiring that a proposal for the imposition of an ad valorem tax for additional officers be submitted to the voters of areas where a metropolitan police department has been created; and providing other matters properly relating thereto.
[Approved March 19, 1993]
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. The words and terms defined in NRS 280.030 to 280.095, inclusive, and 354.478 to 354.580, inclusive, have the meanings ascribed to them in those sections.
2. Taxable area means the geographical area, composed of two or more taxing districts, which may be taxed for the purpose of defraying the cost of hiring additional police officers.
3. Taxing district means the portion of a taxable area that consists of:
(a) The geographical area comprising the unincorporated area of a county whose population is 400,000 or more which has created a department; or
κ1993 Statutes of Nevada, Page 27 (CHAPTER 11, AB 183)κ
(b) The area within the boundaries of each incorporate city in such a county which is participating in the department.
Sec. 2. The committee shall authorize the hiring of additional police officers and the incurrence of related costs from the revenue generated by the tax imposed pursuant to this act. The revenue must not be used for any other purpose.
Sec. 3. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at an election held in conjunction with the regular general city election in 1993 the question of whether an additional ad valorem tax shall be levied on all taxable property within the district for the support of the department for the purpose of employing additional police officers. The rate of the additional tax must be apportioned among the taxing districts as provided in NRS 280.201, such that the combined rate of the additional tax in all the taxing districts for each $100 of the total assessed valuation of the taxable area must not be more than 4 cents in fiscal year 1993-1994, 8 cents in fiscal year 1994-1995, 10 cents in fiscal year 1995-1996 and 12 cents in each fiscal year thereafter.
2. If the voters of any taxing district in the taxable area of a department disapprove the additional tax proposed pursuant to subsection 1, the additional tax must not be imposed in any of the taxing districts in the taxable area of that department.
3. If the proposed additional tax is approved by the voters in all of the taxing districts of the taxable area of a department, the tax must be imposed by the taxing entities in each district of the taxable area of the department at the combined rate approved by the voters in the district.
Sec. 4. All county officers charged with the duty of collecting ad valorem taxes shall collect the tax imposed pursuant to this act is the same form and manner, and with the same interest and penalties, as other ad valorem taxes are collected, and shall pay all revenue generated by the tax, including all interest and penalties, to the department upon collection.
Sec. 5. The tax imposed pursuant to this act is not subject to the limitation provided in NRS 354.59811 and does not affect the amounts distributable to the participating political subdivisions from the supplemental city-county relief tax or the privilege tax on vehicles.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 28κ
Assembly Bill No. 146Assemblymen Neighbors, Segerblom and Hettrick
CHAPTER 12
AN ACT relating to marriage; authorizing a board of county commissioners to designate one branch office of the county clerk outside of the county seat for the issuance of marriage licenses; and providing other matters properly relating thereto.
[Approved March 23, 1993]
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 . [,] Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.
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 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.
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.
κ1993 Statutes of Nevada, Page 29 (CHAPTER 12, AB 146)κ
7. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.
Sec. 2. NRS 122.061 is hereby amended to read as follows:
122.061 1. In any county [having a population of] whose population is 100,000 or more, the main office of the county clerk where marriage licenses may be issued must be open to the public for the purpose of issuing such licenses from 8 a.m. to 12 p.m. every day including holidays, and may remain open at other times. The board of county commissioners shall determine the hours during which a branch office of the county clerk where marriage licenses may be issued must remain open to the public.
2. In all other counties, the board of county commissioners shall determine the hours during which the offices [which issue] where marriage licenses may be issued must remain open to the public.
Sec. 3. NRS 122.183 is hereby amended to read as follows:
122.183 The hours of operation for the office of the commissioner of civil marriages must be the same as the hours of the office in which marriage licenses are issued [.] at the county seat.
________
Assembly Bill No. 35Committee on Government Affairs
CHAPTER 13
AN ACT relating to metropolitan police departments; imposing certain restrictions on the repossession of real property that is acquired for the use and benefit of a metropolitan police department and held in trust by a participating political subdivision; and providing other matters properly relating thereto.
[Approved March 23, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.350 is hereby amended to read as follows:
280.350 1. Upon merger, the department may possess all real property owned or held by any of the participating political subdivisions for the purposes of law enforcement at the time of adoption of the ordinance providing for the merger.
2. Upon a showing of good cause and a majority vote of the committee, the political subdivision which holds title to [such] property :
(a) Owned or held for the purposes of law enforcement at the time of adoption of the ordinance providing for the merger; or
(b) Acquired for the use and benefit of or in trust for the department after the merger,
may repossess the property for public use if the department no longer needs it for the purposes of law enforcement.
3. The maintenance costs for any real property held for the use and benefit of or in trust for a department must be paid by the department.
4. The department may, upon the approval of the committee, lease or rent real property for the purpose of law enforcement.
κ1993 Statutes of Nevada, Page 30 (CHAPTER 13, AB 35)κ
5. If a participating political subdivision gives notice of its intention to withdraw from the department:
(a) The right to possess any real property, the possession of which passed to the department by operation of this section and the title to which remains in the withdrawing political subdivision, reverts to the withdrawing political subdivision upon the effective date of the withdrawal.
(b) Real property which was acquired for the use and benefit of or in trust for the department after the merger must immediately be inventoried and appraised. The withdrawing political subdivision is entitled to receive its share of the value of each parcel of real property, with improvements thereon, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that its total budgetary contribution to the department during the fiscal year or years the parcel was acquired and improved bears to the total budgetary contributions of all participating political subdivisions during that time.
________
Assembly Bill No. 34Committee on Government Affairs
CHAPTER 14
AN ACT relating to unincorporated towns; revising the provisions concerning the time in which a notice of intention to become a candidate for a town board must be filed if a proposal for a town board form of government is submitted to electors for their approval; and providing other matters properly relating thereto.
[Approved March 23, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 269.0171 is hereby amended to read as follows:
269.0171 1. If the establishment of a town board form of government is proposed by initiative petition, and the proposal is submitted to the electors, prospective members of the town board [shall] must be elected at the same election in which [such] the proposal is submitted to the electors.
2. Any person who is a resident, is a qualified elector and desires to become a candidate for the position of member of a town board [member shall, at least 30 days before the date of such election,] must, within the time specified by subsection 3, file in the office of the county clerk a notice of his intention to become such a candidate. [Such] The notice of intention [shall] must show that such a person possesses the qualifications required by this section. Each person filing the notice of intention as required by this section is entitled to have his name placed on the official ballot.
3. If the initiative petition and the election of the members of the town board are submitted to the electors:
(a) At a special election, the notice of intention required by subsection 2 must be filed at least 30 days before the date of the election.
κ1993 Statutes of Nevada, Page 31 (CHAPTER 14, AB 34)κ
(b) At a general election, the notice of intention required by subsection 2 must be filed not later than 5 p.m. on the second Tuesday in May of the year in which the election is held.
4. If the proposal to establish a town board form of government is approved at the election, members of the town board elected pursuant to this section shall serve as such members until the next general election.
________
Assembly Bill No. 13Committee on Government Affairs
CHAPTER 15
AN ACT relating to motor vehicles; exempts automobiles used by investigators of the securities division of the office of the secretary of state from the requirements of being labeled as property of the state and being furnished with distinguishing license plates; and providing other matters properly relating thereto.
[Approved March 23, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. No automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the state board of examiners.
2. All such automobiles [may] must be used for official purposes only;
3. All such automobiles, except:
(a) Automobiles maintained for and used by the governor;
(b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety [and] , the investigators of the state gaming control board , the investigators of the securities division of the office of the secretary of state and the investigators of the attorney general;
(c) One automobile used by the department of prisons;
(d) Two automobiles used by the Caliente youth center;
(e) Three automobiles used by the Nevada youth training center; and
(f) Four automobiles used by the youth parole bureau of the division of child and family services of the department of human resources,
must be labeled by painting the words State of Nevada and For Official Use Only [thereon] on the automobiles in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.
4. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 2. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as otherwise provided in subsection 2, the department shall provide suitable distinguishing license plates for exempt vehicles.
κ1993 Statutes of Nevada, Page 32 (CHAPTER 15, AB 13)κ
These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege [and use] tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, two automobiles used by the Caliente youth center and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and jurisdiction; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) City or county juvenile officers;
(5) District attorneys offices;
(6) Public administrators offices;
(7) Public guardians offices;
(8) Sheriffs offices; [and]
(9) Police departments in the state [,] ; and
(10) The securities division of the office of the secretary of state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
κ1993 Statutes of Nevada, Page 33 (CHAPTER 15, AB 13)κ
legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. As used in this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 3. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 6Committee on Judiciary
CHAPTER 16
AN ACT relating to traffic laws; establishing the right of way of vehicles at intersections where certain traffic control signals are inoperative; and providing other matters properly relating thereto.
[Approved March 23, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.315 is hereby amended to read as follows:
484.315 1. The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
2. When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way the vehicle on the right.
3. When two vehicles enter an intersection at approximately the same time, one vehicle traveling on a highway which ends at the intersection and the other vehicle traveling on a through highway, the driver of the vehicle on the highway which ends at the intersection shall yield the right of way to the other vehicle.
4. [This] When a vehicle enters an intersection controlled by a traffic-control signal which is installed and has its vehicular signals uncovered, but is inoperative at the time the vehicle enters the intersection, the driver of the vehicle shall proceed as if a stop sign had been erected at each entrance to the intersection and shall stop at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After making such a stop, the driver shall proceed cautiously, yielding to vehicles which have previously completed a stop or are within the intersection.
κ1993 Statutes of Nevada, Page 34 (CHAPTER 16, AB 6)κ
5. Except as otherwise provided in subsection 4, this section does not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of the vehicles is intending to or is making a left turn.
________
Assembly Bill No. 44Committee on Judiciary
CHAPTER 17
AN ACT relating to marriage; authorizing the board of county commissioners in certain counties to appoint the county clerk to act as the commissioner of civil marriages; authorizing those boards to determine the number of deputy commissioners that may be appointed and the hours of operation of the office; and providing other matters properly relating thereto.
[Approved March 24, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 122.173 is hereby amended to read as follows:
122.173 [The county clerk for each county]
1. In a county whose population is 400,000 or more and in which a commissioner township is located [shall be] , the county clerk shall:
(a) Be commissioner of civil marriages for such township [. The commissioner of civil marriages shall solemnize marriages] ; and
(b) Solemnize marriages within each commissioner township located within his county.
2. In a county whose population is less than 400,000 and in which a commissioner township is located, the board of county commissioners may, by ordinance, appoint the county clerk to act as the commissioner of civil marriages. Such an ordinance may authorize the commissioner of civil marriages to solemnize marriages within each commissioner township located within the county.
3. The county clerk [shall] is not entitled to receive additional compensation for acting in the capacity of commissioner of civil marriages.
Sec. 2. NRS 122.175 is hereby amended to read as follows:
122.175 1. [The] In a county whose population is 400,000 or more, the commissioner of civil marriages may appoint deputy commissioners of civil marriages . [, who shall solemnize] Such deputies shall:
(a) Solemnize marriages in commissioner townships under the direction of the commissioner [, and who shall perform] ; and
(b) Perform such other duties as the commissioner may direct. [A]
2. In a county whose population is less than 400,000 and in which the board of county commissioners has appointed the county clerk to act as the commissioner of civil marriages, the board may, by ordinance, establish the number of deputy commissioners of civil marriages which may be appointed by the commissioner of civil marriages to carry out the duties set forth in subsection 1.
κ1993 Statutes of Nevada, Page 35 (CHAPTER 17, AB 44)κ
3. No deputy commissioner of civil marriages [shall not] may solemnize marriages at any time other than during the working hours or shift during which he is employed.
[2.] 4. The deputy commissioners of civil marriages [shall be] are employees of the county clerks office [, shall] and are entitled to be compensated by a salary and by such other benefits as are available to other county personnel regularly employed in the same county clerks office. The compensation of any deputy commissioner of civil marriages [shall] must not be based in any manner upon the number or volume of marriages that he may solemnize in the performance of his duties.
[3.] 5. In counties [which contain commissioner townships and] in which deputy commissioners of civil marriages are employed, no more than two deputy commissioners [shall] may be on duty within the courthouse of such a county for the purpose of solemnizing marriages at any one time.
Sec. 3. NRS 122.183 is hereby amended to read as follows:
122.183 [The] 1. In a county whose population is 400,000 or more, the hours of operation for the office of the commissioner of civil marriages must be the same as the hours of the office in which marriage licenses are issued.
2. In a county whose population is less than 400,000, the board of county commissioners may, by ordinance, determine the hours of operation for the office of the commissioner of civil marriages.
________
Assembly Bill No. 86Committee on Judiciary
CHAPTER 18
AN ACT relating to succession; prohibiting a person from succeeding to the property of a decedent if the court distributing the estate determines that he murdered the decedent; making such a person ineligible to succeed under a joint tenancy or as the beneficiary of a policy of life insurance; and providing other matters properly relating thereto.
[Approved March 24, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 134.007 is hereby amended to read as follows:
134.007 1. No person convicted of the murder of the decedent is entitled to succeed to any portion of the decedents estate. The portion to which [he] the convicted person would otherwise be entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedents estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent, he is not entitled to succeed to any portion of the decedents estate.
κ1993 Statutes of Nevada, Page 36 (CHAPTER 18, AB 86)κ
he is not entitled to succeed to any portion of the decedents estate. The portion to which he would otherwise have been entitled to succeed goes to the other persons entitled to it under the provisions of this chapter.
Sec. 2. NRS 111.067 is hereby amended to read as follows:
111.067 1. No person convicted of the murder of a decedent is entitled to any part of the decedents share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of [his] the decedents estate.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedents estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the decedents share of a joint tenancy. If there is no other joint tenant, the tenancy becomes a tenancy in common and the share of the decedent becomes part of the decedents estate.
Sec. 3. NRS 688A.420 is hereby amended to read as follows:
688A.420 1. No person convicted of the murder of a decedent is entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person cannot or may not receive them, the proceeds must be placed in the estate of the decedent.
2. If:
(a) The death of a person precludes his trial for the murder of a decedent; and
(b) The court which is distributing the decedents estate determines, based on a preponderance of the evidence, that he committed the murder of the decedent,
he is not entitled to any part of the proceeds of a policy of insurance on the life of the decedent. If there is no beneficiary named in the policy to whom the proceeds are to be paid if the convicted person may not receive them, the proceeds must be placed in the estate of the decedent.
________
κ1993 Statutes of Nevada, Page 37κ
Assembly Bill No. 54Committee on Judiciary
CHAPTER 19
AN ACT relating to adoptions; requiring written consent for the release of certain information contained in the state register for adoptions; and providing other matters properly relating thereto.
[Approved March 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 127.007 is hereby amended to read as follows:
127.007 1. The welfare division of the department of human resources shall maintain the state register for adoptions, which is hereby established, in its central office [for the purpose of providing] to provide information to identify adults who were adopted and persons related to them within the third degree of consanguinity.
2. The state register for adoptions consists of:
(a) Names and other information, which the state welfare administrator deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the welfare division;
(b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the welfare division; and
(c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the welfare division.
Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The welfare division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information to identify that person, including the information that such a name was ever in the register.
3. Except as otherwise provided in subsection 4, the welfare division may release information:
(a) About a person related within the third degree of consanguinity to an adopted person; or
(b) About an adopted person to a person related within the third degree of consanguinity,
if the names and information about both persons are contained in the register [.] and written consent for the release of such information is given by the natural parent.
4. An adopted person may, by submitting a written request to the welfare division, restrict the release of any information concerning himself to one or more categories of relatives within the third degree of consanguinity. [The welfare division shall not release information:
κ1993 Statutes of Nevada, Page 38 (CHAPTER 19, AB 54)κ
(a) About a person related within the third degree of consanguinity to an adopted person; or
(b) About an adopted person to a person related within the third degree of consanguinity,
without the consent of the natural parent.]
________
Assembly Bill No. 62Committee on Judiciary
CHAPTER 20
AN ACT relating to convicted persons; requiring a convicted person who is applying or petitioning to have his civil rights restored or his criminal record sealed to submit certain information with his application or petition; and providing other matters properly relating thereto.
[Approved March 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.227 is hereby amended to read as follows:
176.227 A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge, may apply to the department of parole and probation to request a restoration of his civil rights. The application must be accompanied by a current, certified record of the applicants criminal history received from the central repository for Nevada records of criminal history. If the department determines after an investigation that the applicant meets the requirements of this section, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the department refuses to submit such a petition, the applicant may, after notice to the department of parole and probation, directly petition the court for restoration of his civil rights.
Sec. 2. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as other times and procedures are provided in NRS 453.3365, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioners criminal history received from the central repository for Nevada records of criminal history.
κ1993 Statutes of Nevada, Page 39 (CHAPTER 20, AB 62)κ
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
Sec. 3. NRS 213.155 is hereby amended to read as follows:
213.155 1. The board may restore a paroled prisoner to his civil rights, such restoration to take effect at the expiration of his parole.
2. In any case where a convicted person has completed his parole without immediate restoration of his civil rights and has not been convicted of any offense greater than a traffic violation within 5 years after completion of parole, he may apply to the state board of parole commissioners for restoration of his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted. The application must be accompanied by a current, certified record of the applicants criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the board determines that the applicant meets the requirements of this subsection, it shall restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.
3. The board may [make] adopt regulations necessary or convenient for the purposes of this section.
Sec. 4. NRS 213.157 is hereby amended to read as follows:
213.157 In any case where a person convicted of a felony in the State of Nevada has served his sentence and been released from prison, and has not been convicted of any offense greater than a traffic violation within 5 years of his release, he may apply to the department of parole and probation requesting restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted. The application must be accompanied by a current, certified record of the applicants criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the department determines that the applicant meets the requirements of this section, it shall petition the district court in which the conviction was obtained for an order granting such restoration and release. If the department refuses to submit such petition, the applicant may, after giving notice to the department, petition such court directly for the restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
κ1993 Statutes of Nevada, Page 40 (CHAPTER 20, AB 62)κ
directly for the restoration of his civil rights and release from all penalties and disabilities which resulted from the offense or crime of which he was convicted.
________
Assembly Bill No. 75Committee on Judiciary
CHAPTER 21
AN ACT relating to school property; enhancing the penalty for certain crimes if a dangerous weapon is possessed during the commission of the crime; and providing other matters properly relating thereto.
[Approved March 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 393.070 is hereby amended to read as follows:
393.070 1. It is unlawful for any person:
(a) Willfully and maliciously to injure, mark or deface any public schoolhouse, its fixtures, books or appurtenances;
(b) To commit any nuisance in any public schoolhouse;
(c) To loiter on or near the school grounds; or
(d) Purposely and maliciously to commit any trespass upon the grounds attached to a public schoolhouse, or any fixtures placed thereon, or any enclosure or sidewalk about the same.
2. [Any] Except as otherwise provided in subsection 3, any person violating any of the provisions of this section shall be guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged or destroyed and in no event less than a misdemeanor.
3. Any person who is in possession of a dangerous weapon during his commission of a violation of paragraph (b), (c) or (d) of subsection 1 shall be guilty of a gross misdemeanor.
4. As used in this section:
(a) Dangerous knife means a knife having a blade that is 2 inches or more in length when measured from the tip of the knife which is customarily sharpened to the unsharpened extension of the blade which forms the hinge connecting the blade to the handle.
(b) Dangerous weapon means:
(1) An explosive or incendiary device;
(2) A dirk, dagger, switchblade knife or dangerous knife;
(3) A nunchaku or trefoil;
(4) A blackjack or billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(c) Explosive or incendiary device has the meaning ascribed to it in NRS 202.260.
(d) Nunchaku has the meaning ascribed to it in NRS 202.350.
κ1993 Statutes of Nevada, Page 41 (CHAPTER 21, AB 75)κ
(e) Switchblade knife has the meaning ascribed to it in NRS 202.350.
(f) Trefoil has the meaning ascribed to it in NRS 202.350.
________
Assembly Bill No. 342Committee on Labor and Management
CHAPTER 22
AN ACT relating to industrial insurance; revising the maximum pay various employees are deemed to receive for certain purposes relating to industrial insurance; and providing other matters properly relating thereto.
[Approved March 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.279 is hereby amended to read as follows:
616.279 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and :
(1) For the period beginning July 1, 1993, and ending December 31, 1993, a maximum pay of [$24,000 per annum.] $27,000 per calendar year.
(2) For the period beginning January 1, 1994, and ending December 31, 1994, a maximum pay of $30,000.
(3) For the period beginning January 1, 1995, and ending December 31, 1995, a maximum pay of $33,000.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per [annum.] calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
4. A nonprofit corporation whose officers do not receive pay for services performed may elect to reject coverage for their current officers and all future officers who do not receive pay by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
5. A nonprofit corporation which has rejected coverage for its officers who do not receive pay may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 2. NRS 616.279 is hereby amended to read as follows:
616.279 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
κ1993 Statutes of Nevada, Page 42 (CHAPTER 22, AB 342)κ
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and [:
(1) For the period beginning July 1, 1993, and ending December 31, 1993, a maximum pay of $27,000 per calendar year.
(2) For the period beginning January 1, 1994, and ending December 31, 1994, a maximum pay of $30,000.
(3) For a period beginning January 1, 1995, and ending December 31, 1995,] a maximum pay of [$33,000.] $36,000 per calendar year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
4. A nonprofit corporation whose officers do not receive pay for services performed may elect to reject coverage for their current officers and all future officers who do not receive pay by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
5. A nonprofit corporation which has rejected coverage for its officers who do not receive pay may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 3. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:
(a) The total amount paid to employees for services performed;
(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and
(c) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [$24,000.] :
(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.
(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.
(c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.
κ1993 Statutes of Nevada, Page 43 (CHAPTER 22, AB 342)κ
(d) For the period beginning January 1, 1995, and ending December 31, 1995, the first $33,000 paid to the employee.
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
Sec. 4. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of the month immediately after the end of the assigned reporting period furnish the system with a true and accurate payroll for that period showing:
(a) The total amount paid to employees for services performed;
(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a), whose tips in cash totaled $20 or more; and
(c) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a calendar year, the maximum amount paid by each employer to any one employee during the calendar year shall be deemed to be [:
(a) For the period beginning October 1, 1992, and ending December 31, 1992, the first $27,000 paid to the employee during the calendar year of 1992.
(b) For the period beginning January 1, 1993, and ending December 31, 1993, the first $27,000 paid to the employee.
(c) For the period beginning January 1, 1994, and ending December 31, 1994, the first $30,000 paid to the employee.
(d) For the period beginning January 1, 1995, and ending December 31, 1995,] the first [$33,000] $36,000 paid to the employee [.] during the calendar year.
κ1993 Statutes of Nevada, Page 44 (CHAPTER 22, AB 342)κ
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure of any employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
5. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the manager may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
Sec. 5. NRS 617.207 is hereby amended to read as follows:
617.207 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and :
(1) For the period beginning July 1, 1993, and ending December 31, 1993, a maximum pay of [$24,000 per annum.] $27,000 per calendar year.
(2) For the period beginning January 1, 1994, and ending December 31, 1994, a maximum pay of $30,000.
(3) For the period beginning January 1, 1995, and ending December 31, 1995, a maximum pay of $33,000.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per [annum.] calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 6. NRS 617.207 is hereby amended to read as follows:
617.207 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and [:
(1) For the period beginning July 1, 1993, and ending December 31, 1993, a maximum pay of $27,000 per calendar year.
(2) For the period beginning January 1, 1994, and ending December 31, 1994, a maximum pay of $30,000.
κ1993 Statutes of Nevada, Page 45 (CHAPTER 22, AB 342)κ
(3) For the period beginning January 1, 1995, and ending December 31, 1995,] a maximum pay of [$33,000.] $36,000 per calendar year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 7. Section 65 of chapter 723, Statutes of Nevada 1991, at page 2411, is hereby repealed.
Sec. 8. An employer who paid a premium to the state industrial insurance system:
1. For the period beginning July 1, 1992, and ending September 30, 1992, based on a total amount paid to an employee for services performed in excess of $24,000 for the calendar year; or
2. For the period beginning October 1, 1992, and ending December 31, 1992, based on a total amount paid to an employee for services performed in excess of $27,000 for the calendar year,
must be given a credit in an equivalent amount to be applied to any premium due during the first quarter of the calendar year of 1993.
Sec. 9. 1. This section and sections 1, 3, 5, 7 and 8 of this act become effective upon passage and approval.
2. Sections 2, 4 and 6 of this act become effective on January 1, 1996.
________
Senate Bill No. 302Committee on Government Affairs
CHAPTER 23
AN ACT relating to the City of Henderson; revising the residency requirement for a candidate seeking election as the mayor, a member of the city council or a judge for the municipal court; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 98, Statutes of Nevada 1977, at page 206, is hereby amended to read as follows:
Sec. 2.010 City council: Qualifications; election, term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen and the mayor.
2. The mayor [shall] must be:
κ1993 Statutes of Nevada, Page 46 (CHAPTER 23, SB 302)κ
(a) An actual and bona fide resident of the territory which is established by the boundaries of the city for [at least 3 years prior to his election.] the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
(b) A qualified elector within the city.
3. Each councilman [shall] must be:
(a) An actual and bona fide resident of the territory which is established by the boundaries of the city for [at least 3 years prior to his election.] the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
(b) A qualified elector within the ward which he represents.
(c) A resident of the ward which he represents, except that changes in ward boundaries pursuant to the provisions of section 1.040, [shall] do not affect the right of any elected councilman to continue in office for the term for which he was elected.
4. All councilmen, including the mayor, [shall] must be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
5. The mayor and councilmen [shall] are entitled to receive a salary in an amount fixed by the city council.
Sec. 2. Section 4.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 231, Statutes of Nevada 1991, at page 513, is hereby amended to read as follows:
Sec. 4.020 Municipal court: Residency requirement of municipal judge; salary.
1. Each municipal judge must have been a resident of the territory which is established by the boundaries of the city for [a continuous 3-year period immediately preceding his election.] the 12 months immediately preceding the last day for filing a declaration of candidacy for the office.
2. The salary of each municipal judge must be fixed by the city council and be uniform for all departments of the municipal court.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 47κ
Assembly Bill No. 1Assemblyman Marvel
CHAPTER 24
AN ACT relating to property tax; temporarily prohibiting an increase in the assessed valuation of the real or personal property of a business when an improvement is made to remove certain barriers for persons with disabilities; broadening the application of a similar prohibition regarding improvements made to residential property; and providing other matters properly relating thereto.
[Approved March 30, 1993]
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. An increase must not be made to the assessed valuation of real or personal property used in connection with a business, for improvements made to an existing building for the purpose of removing barriers to the movement, safety and comfort of a person with a disability. To qualify for this exclusion, the improvement must have been made not earlier than July 1, 1990, and not later than April 1, 1995. A person who claims the benefits of this section shall file with the county assessor, on or before June 15, 1995, an affidavit setting forth the nature of the improvement and the date or dates of making it.
2. If the assessed valuation of real or personal property used in connection with a business was increased on or after July 1, 1990, because such an improvement was made, the county assessor shall, upon determining that an affidavit filed pursuant to subsection 1 meets the applicable requirements, adjust, for the ensuing and subsequent tax years, the assessed valuation of the real or personal property to reflect the exclusion.
3. For the purposes of this section, improvements for the removal of barriers include, but are not limited to:
(a) Permanent ramps leading to entrances to the premises and between levels of the business.
(b) Elevators installed for the use of a person with a disability.
(c) Handrails installed in and about the business, indoors and outdoors.
(d) Enlarged bathrooms and kitchens, and any special equipment installed in them for the benefit of a person with a disability.
(e) Other reasonable accommodations made for the comfort, convenience and safety of a person with a disability.
Sec. 2. NRS 361.087 is hereby amended to read as follows:
361.087 1. [No increase may] An increase must not be made to the assessed valuation of a residence [owned and] occupied by a [handicapped] person with a disability for improvements made to [the premises] an existing building for the purpose of removing [architectural] barriers to the movement, safety and comfort of [the handicapped person.] a person with a disability. A person who claims the benefit of this section shall file with the county assessor an affidavit setting forth the nature of the improvement [, its cost] and the date or dates of making it.
2. [Improvements] For the purposes of this section, improvements for the removal of [architectural] barriers include , but are not limited to:
κ1993 Statutes of Nevada, Page 48 (CHAPTER 24, AB 1)κ
(a) Permanent ramps leading to entrances to the premises and between levels of the residence.
(b) Elevators installed in stairwells for the use of [handicapped persons.] a person with a disability.
(c) Handrails installed in and about the residence, indoors and outdoors.
(d) Enlarged bathrooms and kitchens, and any special equipment installed in them for the benefit of [the handicapped person.] a person with a disability.
(e) Other [devices installed] reasonable accommodations made for the comfort, convenience and safety of a [handicapped person.] person with a disability
Sec. 3. 1. This act becomes effective on July 1, 1993.
2. Section 1 of this act expires by limitation on June 30, 2003.
________
Assembly Bill No. 32Committee on Government Affairs
CHAPTER 25
AN ACT relating to public improvements; allowing counties to issue general obligation bonds for sewerage projects; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
Sewerage project means facilities pertaining to a county sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, transmission lines, pumping plants, filter plants, powerplants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, or any combination thereof. A sewerage project may include as a part thereof a drainage and flood control project.
Sec. 2. NRS 244A.013 is hereby amended to read as follows:
244A.013 Except where the context otherwise requires, the definitions in NRS 244A.015 to 244A.056, inclusive, and section 1 of this act govern the construction hereof.
κ1993 Statutes of Nevada, Page 49 (CHAPTER 25, AB 32)κ
Sec. 3. NRS 244A.057 is hereby amended to read as follows:
244A.057 Any board, upon behalf of the county and in its name, may acquire, improve, equip, operate and maintain, within the county:
1. A building project;
2. A drainage and flood control project;
3. An offstreet parking project;
4. An overpass project;
5. A park project;
6. A sewerage project;
7. A street project;
[7.] 8. An underpass project; and
[8.] 9. A water project.
________
Senate Bill No. 5Committee on Judiciary
CHAPTER 26
AN ACT relating to local facilities for detention; authorizing a sheriff to create a trust fund for the safekeeping of a prisoners money and valuables; authorizing the deduction of money from the account of a prisoner for certain damage caused by the prisoner during his incarceration; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The sheriff of each county may accept money and valuables in the physical possession of a prisoner at the time he is taken into custody. The sheriff shall account separately for all money so accepted and deposit the money in a trust fund which he has established in a bank or savings and loan association qualified to receive deposits of public money. During the time of the prisoners incarceration, the sheriff may also accept and deposit in the trust fund money belonging to the prisoner which is intended for use by the prisoner to purchase items at the commissary.
2. The sheriff:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board of county commissioners relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by a prisoner for personal needs or for payment to a person who is not incarcerated in the jail.
(c) Shall, upon the release of each prisoner, return his valuables and pay over to the prisoner any remaining balance in his individual account.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the account established for the commissary pursuant to NRS 211.360. If a commissary has not been established, the interest and income earned must be deposited with the county treasurer for credit to the county general fund.
κ1993 Statutes of Nevada, Page 50 (CHAPTER 26, SB 5)κ
established, the interest and income earned must be deposited with the county treasurer for credit to the county general fund.
Sec. 3. 1. A sheriff shall, by regulation, establish criteria for a reasonable deduction from any money credited to the account of a prisoner pursuant to section 1 of this act to repay the cost of county property willfully damaged or destroyed by the prisoner during his incarceration.
2. Before any money credited to the account of a prisoner may be deducted pursuant to subsection 1, the prisoner must be given reasonable notice of the alleged misconduct for which the deduction is sought and an opportunity for an administrative hearing on that misconduct.
________
Senate Bill No. 11Committee on Judiciary
CHAPTER 27
AN ACT relating to parole; clarifying a provision relating to the continued detention of a paroled prisoner under certain circumstances; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1517 is hereby amended to read as follows:
213.1517 1. Where the inquiring officer has determined that there is probable cause for a hearing by the board, the chief parole and probation officer may, after consideration of the case and pending the next meeting of the board:
(a) Release the arrested parolee again upon parole;
(b) Order the parolee to be placed in residential confinement in accordance with the provisions of NRS 213.15193, 213.15195 and 213.15198; or
(c) Suspend his parole and return him to confinement.
2. The chief parole and probation officer shall take whichever action under subsection 1 he deems appropriate within:
(a) Fifteen days if the prisoner was paroled by the board.
(b) Thirty days if the prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
3. If a determination has been made that probable cause exists for [revocation of the parole] the continued detention of a paroled prisoner, the board shall consider the prisoners case within 60 days after his return to the custody of the department of prisons or his placement in residential confinement pursuant to subsection 1.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 51κ
Senate Bill No. 105Committee on Transportation
CHAPTER 28
AN ACT relating to drivers licenses; repealing the general provisions which set forth the conditions for licensing a person under 18 years of age to drive a vehicle used as a school bus or for transporting persons for compensation; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.265 is hereby repealed.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 151Committee on Judiciary
CHAPTER 29
AN ACT relating to residential confinement; allowing an offender to be returned to the custody of the department of prisons pending the completion of an inquiry concerning alleged violations of the terms or conditions of his residential confinement; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.410 is hereby amended to read as follows:
213.410 1. [Before an] Whenever it is alleged that an offender has escaped or otherwise violated the terms or conditions of his residential confinement, the department of parole and probation shall conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.
2. An offender may be returned to the custody of the department of prisons [because of his escape or violation of a term or condition of his residential confinement,] pending the completion of the inquiry conducted by the department of parole and probation [must conduct an inquiry to determine whether the offender has committed acts that would constitute such an escape or violation.
2.] pursuant to the provisions of this section.
3. The inquiry must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the escape or violation; and
(c) Has not recommended the return of the offender to the custody of the department of prisons.
[3.] 4. The inquiring officer shall:
κ1993 Statutes of Nevada, Page 52 (CHAPTER 29, SB 151)κ
(a) Provide the offender with notice of the inquiry and of the acts alleged to constitute his escape or violation of a term or condition of his residential confinement, and with an opportunity to be heard on the matter.
(b) Upon completion of the inquiry, submit to the chief parole and probation officer his findings and recommendation regarding the [return of the offender to the custody of the department of prisons.
4.] disposition of the custody of the offender.
5. After considering the findings and recommendation of the inquiring officer, the chief parole and probation officer shall determine [whether to return the offender to the custody of the department of prisons.] the disposition of the custody of the offender. The decision of the chief parole and probation officer is final.
[5. Before returning]
6. Before a final determination is made to return an offender to the custody of the department of prisons, the department of parole and probation shall provide the offender with a copy of the findings of the inquiring officer.
________
Assembly Bill No. 29Committee on Government Affairs
CHAPTER 30
AN ACT relating to county recorders; providing an exemption from the fees charged by a county recorder for the filing by this state of a notice of pendency of an action in eminent domain; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305 1. Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page ..................... $5.00
For each additional page ........................................ 1.00
For recording each portion of a document which must be separately indexed, after the first indexing ......................................... 2.00
For copying any record, for each page ................................... 1.00
For certifying, including certificate and seal, for the first seal .......................................................................................... 2.00
For each additional seal ......................................... .50
For a certified copy of a certificate of marriage ................... 5.00
For a certified abstract of a certificate of marriage .............. 5.00
2. Except as otherwise provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:
κ1993 Statutes of Nevada, Page 53 (CHAPTER 30, AB 29)κ
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; [or]
(3) Imposes a lien in favor of the state or that city or town [.] ; or
(4) Is a notice of the pendency of an action in eminent domain filed by the state pursuant to NRS 37.060.
3. A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder [must] shall charge the regular fee.
4. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his official capacity.
5. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
________
Assembly Bill No. 160Assemblymen Carpenter, de Braga and Smith
CHAPTER 31
AN ACT relating to city councils; increasing the number of councilmen authorized for a city of the third class; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.095 is hereby amended to read as follows:
266.095 1. Each incorporated city of the first class must be divided into eight municipal wards. Each incorporated city of the second class or third class must be divided into three or five municipal wards as provided by ordinance. [Each incorporated city of the third class must be divided into three municipal wards.]
2. The division of city into wards must, during the incorporation thereof, be made by the board of county commissioners. The wards must as nearly as practicable be of equal population and in compact form.
3. Once established, the boundaries of wards must be changed by ordinance of the city council whenever, as determined at the close of registration before each general election, the number of registered voters in any ward exceeds the number of registered voters in any other ward by more than 5 percent.
κ1993 Statutes of Nevada, Page 54 (CHAPTER 31, AB 160)κ
Sec. 2. NRS 266.200 is hereby amended to read as follows:
266.200 1. The mayor shall:
(a) Preside over the city council when in session, and shall preserve order and decorum among the members and enforce the rules of the council and determine the order of business, subject to [such] those rules and appeal to the council.
(b) Not be entitled to a vote except in case of a tie, when he shall have a casting vote, except as otherwise expressly provided in this chapter.
2. The mayor may exercise the right of veto upon all matters passed by the council, and it shall require a seven-ninths vote of the whole council in cities of the first class, a four-fifths vote of the whole council in cities [of the second class,] with a council composed of five members, and the unanimous vote of the whole council in cities [of the third class,] with a council composed of three members, to pass any matter receiving the mayors veto.
3. No resolution or contract requiring the payment of money nor any ordinance [shall] may go into force or have any effect until approved in writing by the mayor, unless passed over the mayors [veto; but if] veto. If the mayor does not approve [such] the resolution, contract or ordinance so submitted, he [must,] shall, within 5 days [from] after the receipt thereof, return [the same] it to the city clerk with his reasons in writing for not approving it . [, and if] If the mayor does not so return it, [such] the resolution or contract [shall thereupon go] thereupon goes into effect and [such ordinance shall become] the ordinance becomes a law, in like manner and with the same effect as if [the same] it had been approved by the mayor.
Sec. 3. NRS 266.220 is hereby amended to read as follows:
266.220 1. Except as otherwise provided in subsection 3, councilmen [shall] must be chosen by the qualified electors of their respective wards.
2. In cities of the first class, the city council [shall] must be composed of nine councilmen, one from each ward and one elected by the electors of the city at large. In cities of the second or third class, the city council [shall] must be composed of three or five councilmen as the city council shall provide by ordinance, but there [shall] must be one councilman from each ward. [In cities of the third class, the city council shall be composed of three councilmen, one from each ward.]
3. In cities of the second and third classes, the council may by ordinance provide that councilmen [shall] be voted upon by the electors of the city at large, but [shall] reside in the ward to be represented by them. If the council adopts such an ordinance, the ordinance [shall] may not be amended or repealed until at least two consecutive elections have been conducted pursuant to [such] the ordinance.
Sec. 4. NRS 266.255 is hereby amended to read as follows:
266.255 On request of any two members of the council in cities [of the first and second class,] with councils composed of five or nine members, or by one member in cities [of the third class,] with councils composed of three members, final action on any report of a committee of the council [shall] must be deferred to the next regular meeting of the council after the report is made.
Sec. 5. NRS 293.640 is hereby amended to read as follows:
293.640 1. A general city election must be held in each city of the third class on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter as determined by ordinance.
κ1993 Statutes of Nevada, Page 55 (CHAPTER 31, AB 160)κ
numbered year after incorporation, and on the same day every 2 years thereafter as determined by ordinance.
2. There must be one mayor and three [councilmen] or five councilmen, as the city council shall provide by ordinance, for each city of the third class. The terms of office of the mayor and the councilmen are 4 years, which terms must be staggered. The mayor and councilmen elected to office immediately after incorporation shall decide by lot among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years. If a city council thereafter increases the number of councilmen, it shall, by lot, stagger the initial terms of the additional members.
3. A candidate for any office to be voted for at the general city election must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of chapter 266 of NRS.
Sec. 6. This act becomes effective upon passage and approval.
________
Senate Bill No. 55Committee on Government Affairs
CHAPTER 32
AN ACT relating to the Airport Authority of Washoe County; increasing the salary of the members of the board of trustees of the Authority; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 737, Statutes of Nevada 1989, at page 1723, is hereby amended to read as follows:
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at the authoritys expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authoritys business.
κ1993 Statutes of Nevada, Page 56 (CHAPTER 32, SB 55)κ
have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authoritys business.
3. Each member of the board is entitled to receive [$420] $560 per month or [$60] $80 for each meeting attended or for any portion of a day spent on the business of the authority at the request of the board, whichever is less.
4. For the purposes of this section, financial interest means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested persons household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.
________
Senate Bill No. 116Committee on Natural Resources
CHAPTER 33
AN ACT relating to watercraft; prohibiting the use of certain kinds of marine sanitation devices; prohibiting the discharge or attempted discharge of sewage from a vessel into the waters of this state; providing a penalty; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not maintain or operate upon the waters of this state any vessel which is equipped with a marine sanitation device unless the device is approved by the United States Coast Guard and:
(a) Is designed to prevent the overboard discharge of treated and untreated sewage; or
(b) Is adequately secured to prevent the overboard discharge of treated and untreated sewage.
2. It is unlawful for any person to discharge or attempt to discharge sewage from a vessel into the waters of this state.
3. The commission shall adopt regulations:
(a) That it determines are necessary to carry out the provisions of this section; and
(b) Establishing a schedule of civil penalties for various violations of this section and those regulations.
4. A person who violates any provision of this section or the regulations adopted pursuant to subsection 3:
(a) Is guilty of a misdemeanor; and
(b) In addition to any criminal penalty, is subject to:
κ1993 Statutes of Nevada, Page 57 (CHAPTER 33, SB 116)κ
(1) The suspension of the certificate of number of his vessel for 180 consecutive days; and
(2) A civil penalty of not less than $250, as established in regulations adopted by the commission, payable to the department of wildlife.
5. As used in this section, unless the context otherwise requires:
(a) Discharge means to spill, leak, pump, pour, emit, empty or dump sewage into the water.
(b) Marine sanitation device means a toilet facility which is installed on board a vessel and which is designed to receive, retain, treat or discharge sewage, and any process to treat that sewage. The term does not include portable devices which are designed to be carried onto and off of a vessel.
(c) Sewage means wastes from the human body and wastes from toilets or other receptacles, including marine sanitation devices, designed to receive or retain wastes from the human body.
(d) Vessel includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.
Sec. 2. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. Any [boat] vessel located upon the waters of this state is subject to inspection by the department of wildlife or any lawfully designated agent or inspector thereof at any time to determine whether the [boat] vessel is equipped in compliance with the provisions of this chapter.
3. Any [boat] vessel located upon the waters of this state is subject to inspection by the [health division of the department of human] division of environmental protection of the department of conservation and natural resources or any lawfully designated agent or inspector thereof at any time to determine whether the [boat] vessel is equipped in compliance with the provisions of [NRS 488.315 to 488.335, inclusive.] section 1 of this act. As used in this subsection, vessel includes any watercraft or structure floating on the water, whether or not capable of self-locomotion, including houseboats, barges and similar structures.
Sec. 3. NRS 488.315, 488.325 and 488.335 are hereby repealed.
________
κ1993 Statutes of Nevada, Page 58κ
Senate Bill No. 120Committee on Natural Resources
CHAPTER 34
AN ACT relating to the department of wildlife; increasing the amount of the change account used by the department; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.363 is hereby amended to read as follows:
501.363 A change account in the amount of [$300] $500 is hereby created. The account must be kept in the custody of [an employee] one or more employees designated by the director and used for the making of change incidental to the business of the department.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 121Committee on Natural Resources
CHAPTER 35
AN ACT relating to petroleum products; revising the definition of petroleum products; repealing the provision relating to specifications for diesel fuel; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.020 is hereby amended to read as follows:
590.020 [When] As used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:
1. Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
[2.] 3. Petroleum products means gasoline, [distillate,] diesel fuel, burner fuel kerosene, motor vehicle fuel, lubricating oil , [and] motor oil [,] or any product represented as motor oil or lubricating oil, but does not include liquefied petroleum gas or motor oil additives.
[3. Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.]
Sec. 2. NRS 590.030 is hereby amended to read as follows:
590.030 1. It is unlawful for any person to sell, attempt to sell, offer for sale or assist in the sale of any gasoline, [distillate,] diesel fuel or lubricating oil for internal combustion engines, and willful and falsely to represent [such gasoline, distillate] that gasoline, diesel fuel or lubricating oil to be gasoline, [distillate] diesel fuel or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.
κ1993 Statutes of Nevada, Page 59 (CHAPTER 35, SB 121)κ
[such gasoline, distillate] that gasoline, diesel fuel or lubricating oil to be gasoline, [distillate] diesel fuel or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.
2. It is unlawful for any member of a firm [,] or any officer of a corporation [,] knowingly to permit any employee of [such] the firm or corporation to sell, offer for sale or assist in the sale of any gasoline, [distillate] diesel fuel or lubricating oil for internal combustion engines, and falsely to represent [such gasoline, distillate] that gasoline, diesel fuel or lubricating oil to be the gasoline, [distillate] diesel fuel or lubricating oil of any dealer, manufacturer or producer other than the true dealer, manufacturer or producer thereof.
3. This section [shall] does not apply to any person who sells or offers for sale, under his own name or brand, the product or output of another manufacturer or producer with the written consent of [such] the manufacturer or producer.
Sec. 3. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person to sell or offer to sell any gasoline, [distillate] diesel fuel or oil represented as lubricating oil for internal combustion engines, unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the gasoline, [distillate,] diesel fuel or oil represented as lubricating oil or motor oil is dispensed or received for sale or delivery. [The] Except as otherwise provided in this section, the sign or label, in letters not less than one-half inch in height, must contain the brand or trade name followed by the word or words Gasoline, [Distillate,] Diesel Fuel, Lubricating Oil or Motor Oil. All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the S.A.E. grade classification number or other grade number. If a lubricating or motor oil has more than one S.A.E. grade classification number or other grade number, each S.A.E. grade classification number or other grade number must be included in the label. When the sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters must not be less than one-half inch in height. The provisions of this subsection do not apply to any oil labeled prediluted or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.
2. The inlet end of the fill pipe to each underground storage tank of gasoline or [distillate] diesel fuel must be labeled with the brand name and the grade of the gasoline or [distillate] diesel fuel contained therein.
3. Petroleum product delivery outlets on tank delivery trucks must be labeled to comply with the requirements of this section [prior to] before departure from the bulk plants.
4. If any gasoline has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
5. If any [distillate] diesel fuel has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, [Distillate,] Diesel, No Brand.
6. If any lubricating oil or motor oil has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
κ1993 Statutes of Nevada, Page 60 (CHAPTER 35, SB 121)κ
than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
7. On any container with a net content of 1 United States gallon or less, the letters S.A.E. or Grade, the brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on [such] the container in letters and numerals of legible size . [, and this] Such a designation constitutes compliance with the provisions of this section.
8. Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into [such] the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.
Sec. 4. NRS 590.050 is hereby amended to read as follows:
590.050 1. It is unlawful for any person, or any officer, agent or employee thereof, engaged in or operating in the business of selling at retail any gasoline or [distillate] diesel fuel as fuel for internal combustion engines, or lubricating oil for internal combustion engines, to display any sign or other designating mark, at or near [the] his place of business , [of such person,] which describes or designates a brand or trade name of a gasoline, [distillate] diesel fuel or lubricating oil for internal combustion engines not actually sold or offered for sale or delivery at the place of business where the sign or other designating mark is displayed.
2. It is unlawful for any person or officer, agent or employee thereof, to make or cause to be made, by means of any advertising medium whatever, any statement concerning the sale of petroleum products or the performance characteristics thereof which is known to him to be untrue or misleading, or which by the exercise of reasonable care and diligence should be known to him to be untrue or misleading.
Sec. 5. NRS 590.060 is hereby amended to read as follows:
590.060 1. Except as otherwise provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum products, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the adulteration, and to represent [such] the product as the petroleum product of a brand or trade name in general use by any other marketer or producer of petroleum products.
2. Whenever the description of any petroleum product is displayed on any tank, receptacle [,] or other delivery device used for sale to the public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.
3. [It] Except as otherwise provided in this subsection, it is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any gasoline, [distillate] diesel fuel or lubricating oil other than the gasoline, [distillate] diesel fuel or lubricating oil intended to be stored in [such] the tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith .
κ1993 Statutes of Nevada, Page 61 (CHAPTER 35, SB 121)κ
or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith . [; but this section shall] This section does not apply to any person who sells or offers for sale under his or its own name or brand the product or output of another manufacturer or producer, with the consent of [such] this manufacturer or producer.
4. Except as otherwise provided in NRS 590.010 to 590.150, inclusive, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, or rerefined, the container [shall] must bear a superimposed sign or label containing the clearly legible words Reclaimed Motor Oil or Lubricating Oil, Reclaimed, and the name and address of the distributor, processor or manufacturer.
Sec. 6. NRS 590.070 is hereby amended to read as follows:
590.070 1. 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, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline [,] or diesel fuel, unless it conforms with the regulations adopted by the state board or agriculture pursuant to this section.
4. This section does not apply to aviation fuel.
5. In addition to any criminal penalty that 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. 7. NRS 590.170 is hereby amended to read as follows:
590.170 1. Except as otherwise provided in this section, a person shall not keep, maintain or display in this state any advertising medium which indicates or shows or advertises the price of [gasoline or other ] motor vehicle fuel sold, offered for sale or advertised for sale from the premises, unless the actual price per unit of measure of [gasoline or other] motor vehicle fuel, including taxes, is also shown on the advertising medium, together with the word or words gasoline or [motor fuel,] diesel fuel, and the trade name or brand. If [gasoline or other] motor vehicle fuel prices are advertised in units of measure other than the gallon, the actual price per unit of measure along with the equivalent price per gallon and the word designating the unit of measure must be displayed on the face of the pump.
κ1993 Statutes of Nevada, Page 62 (CHAPTER 35, SB 121)κ
2. The price of diesel [motor] fuel may be advertised excluding state tax, but only by a sign which clearly and conspicuously contains the wording With Permit, With State Permit, or words of similar meaning in letters of uniform size not less than 4 inches in height. Diesel [motor] fuel dispensers displaying unit price without state tax must be labeled in letters not less than 1 inch in height with the words Permit Price, With State Permit, or words of similar meaning.
3. Except as otherwise provided in subsection 2, retail devices displaying the unit price [in order] to compute or record deliveries must not be considered an advertising medium.
Sec. 8. NRS 590.180 is hereby amended to read as follows:
590.180 1. No person offering for sale or selling any [gasoline or] motor vehicle fuel in the State of Nevada may post or display a sign or statement or other advertising medium reading, in substance, save a designated amount, or a designated amount per unit of measure, such as save 5 cents or save 5 cents per gallon, or using the expression off a designated amount, such as 5 cents off or 5 cents less, or discount of a given amount, such as 5 cents discount, or otherwise using the words save, off, discount, wholesale, below, or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which [gasoline or] motor vehicle fuel is being sold or offered for sale, designating the price for each brand or trade name of [gasoline or] motor vehicle fuel being sold or offered for sale.
2. The size of the letters, words, figures or numerals used to indicate the total price per unit of measure, including all taxes, must be of a size as provided under the provisions of NRS 590.200.
Sec. 9. NRS 590.190 is hereby amended to read as follows:
590.190 If [gasoline or other] motor vehicle fuel is offered for sale or advertised for sale from the premises of any place of business in this state, but not under any trade name or brand name, then the words no brand [shall] must be used and designated on the advertising medium.
Sec. 10. NRS 590.210 is hereby amended to read as follows:
590.210 All letters used in designating the word gasoline or the words [motor fuel shall] diesel fuel must be at least 4 inches in height and the height [shall] must not be more than twice the dimension of the width of each letter.
Sec. 11. NRS 590.220 is hereby amended to read as follows:
590.220 All letters, words, figures or numerals used on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, to indicate prices of [gasoline or other] motor vehicle fuel sold or advertised for sale must be uniform in size and must be at least six inches in height, and the height must not be more than twice the width. The advertising medium must indicate the price of the fuel per gallon.
Sec. 12. NRS 590.230 is hereby amended to read as follows:
590.230 1. The advertising medium referred to in NRS 590.160 to 590.330, inclusive, [shall] must not contain any other advertising matter except words of description of the product sold or offered for sale, and method of sale, such as self-serve, full serve, or words of similar meaning.
κ1993 Statutes of Nevada, Page 63 (CHAPTER 35, SB 121)κ
method of sale, such as self-serve, full serve, or words of similar meaning. If words of description or method of sale of the product offered or advertised by any such sign are used, the letters, figures or numerals which form any words [shall] must not be larger than the words, marks, letters, figures or numerals used in forming or designating the price per unit of measure.
2. When the price of a brand or grade of [gasoline or other] motor vehicle fuel is advertised by means of a price sign and is sold at different prices from the dispensing devices on the premises, the sign or signs advertising the price [shall] must include notice of the conditions under which the brand or grade is sold. When terms stating the condition of sale, including self-serve, full serve, or words of similar meaning, appear on a price sign, there [shall] must be signs designating self-serve and full serve islands, pumps or dispensing devices in letters of 4 inches in height or more, conspicuously posted, showing the pumps or dispensing devices where the product is sold at each price.
Sec. 13. NRS 590.270 is hereby amended to read as follows:
590.270 All words, letters, figures or numerals on the advertising medium referred to in NRS 590.160 to 590.330, inclusive, which form or designate the brand name or the words no brand [shall] must be of like color or tint, and all words, letters, figures or numerals designating or indicating the price of [gasoline or other] motor vehicle fuel so offered for sale [shall] must be of like color or tint, and all letters used in the word gasoline or the words [motor fuel shall] diesel fuel must be of like color or tint.
Sec. 14. NRS 590.280 is hereby amended to read as follows:
590.280 No advertising medium [shall] may be placed on the premises of any place of business in this state in such a manner or in such a position to another advertising medium as will render the advertising medium advertising [gasoline or other] motor vehicle fuel offered for sale susceptible of being read in conjunction with any other advertising medium, if any person so reading from any public street or highway may be misled.
Sec. 15. NRS 590.290 is hereby amended to read as follows:
590.290 It is unlawful to place letters, words, figures or numerals on any advertising medium located or maintained on the premises of any place of business in this state advertising or offering for sale any goods, wares or merchandise, other than [gasoline or other] motor vehicle fuel, [which] if the advertising medium may be construed by any reasonable person as advertising or offering for sale [gasoline or other] motor vehicle fuel.
Sec. 16. NRS 590.320 is hereby amended to read as follows:
590.320 It is unlawful for any person engaged in the business of selling at retail any [gasoline or other motor fuel or any distillate, or kerosene, or any lubricating or motor oil] petroleum products for internal combustion engines, to display any sign or other designating mark at or near the persons place of business [of such person] describing or designating a brand, trade-mark or trade name or the words no brand of [a gasoline or other motor fuel, distillate, kerosene, or lubricating or motor oil] any petroleum products for internal combustion engines, not actually sold or offered for sale or delivery at [such] the persons place of business.
κ1993 Statutes of Nevada, Page 64 (CHAPTER 35, SB 121)κ
internal combustion engines, not actually sold or offered for sale or delivery at [such] the persons place of business.
Sec. 17. NRS 590.075 is hereby repealed.
________
Senate Bill No. 307Committee on Government Affairs
CHAPTER 36
AN ACT relating to local governmental finance; authorizing the creation of districts to support public parks; providing means of financing such districts; authorizing the combination of certain propositions concerning the issuance of bonds and the levy of additional property tax into a single question on the ballot; and providing other matters properly relating thereto.
[Approved March 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A board of county commissioners may by ordinance create one or more districts within the unincorporated area of the county for the support of public parks. Such a district may include territory within the boundary of an incorporated city if so provided by interlocal agreement between the county and the city.
2. The ordinance creating a district must specify its boundaries. The area included within the district may be contiguous or noncontiguous. The board of county commissioners may alter the boundaries by ordinance. The boundaries set by the ordinance are not affected by later annexations to or incorporation of a city.
Sec. 3. 1. The board of county commissioners is ex officio the governing body of a district for the support of public parks and may:
(a) Maintain or establish public parks within it;
(b) Employ personnel necessary to carry out that purpose; and
(c) Provide for the use of revenue received by the district, including the use of personnel or contracts of the county or the city for services within the boundary of a city, pursuant to interlocal agreement.
2. The board of county commissioners may hold meetings as the governing body of the district in conjunction with its meetings as the board of county commissioners without posting additional notices of the meetings within the district.
3. All persons employed to perform the functions of a district are employees of the county for all purposes.
Sec. 4. 1. The budget of a district for the support of public parks must comply with the provisions of NRS 354.470 to 354.626, inclusive, but need not be separately prepared and may be included within the county budget. The district is not entitled to any share of revenue from the supplemental city-county relief tax.
κ1993 Statutes of Nevada, Page 65 (CHAPTER 36, SB 307)κ
2. The governing body may submit to the registered voters of the district at a primary or general election:
(a) A proposal to issue general obligation bonds of the district to finance the acquisition, construction, equipment and improvement of one or more park projects within the district, or outside the district if the governing body finds that the park project will benefit the residents of the district, but the amount of general obligation bonds or other securities so issued may not exceed 10 percent of the assessed valuation of the taxable property in the district.
(b) A proposal to levy a tax ad valorem pursuant to NRS 354.5982 for:
(1) Any of the purposes described in paragraph (a);
(2) Maintenance of public parks located within the district;
(3) Maintenance of public parks located outside the district if the governing body finds that the parks benefit the residents of the district; or
(4) Any combination of those purposes.
3. As used in this section, park project has the meaning ascribed to it in NRS 244A.039.
4. If the proposal to issue bonds is approved by the voters, the county may issue bonds of the district as provided in chapter 350 of NRS.
Sec. 5. Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:
A proposal to issue or incur general obligations pursuant to NRS 350.020 and a proposal to levy an additional tax ad valorem pursuant to NRS 354.5982 for a purpose related to the purpose for which the general obligations are issued or incurred may be combined into a single proposition.
Sec. 6. Notwithstanding any other specific statute, if a county desires to create a district pursuant to sections 2, 3 and 4 of this act and to submit one or more proposals to the registered voters of the district pursuant to this act at a special election held on the same date as the primary or general municipal election in 1993:
1. The ordinance creating the district may be adopted by the board of county commissioners in a single reading, as if an emergency existed, by a two-thirds vote of the board.
2. The board of county commissioners is not required to submit a proposal to issue general obligation bonds pursuant to this act to the general obligation bond commission of the county.
3. Registration for the special election closes on the same date as registration closes for the municipal election. Notice of the close of registration must be published once a week for 2 consecutive weeks before the close of registration.
4. The governing body shall submit a copy of each question to the registrar of voters or county clerk, as the case may be, and to the city clerk if the district includes territory within a city, at least 35 days before the election.
Sec. 7. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 66κ
Senate Bill No. 134Committee on Natural Resources
CHAPTER 37
AN ACT relating to wildlife; expanding the definition of the words to fish and their derivatives to include the catching, taking, capturing, killing, injuring or crippling of a game amphibian; providing a penalty; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.030 is hereby amended to read as follows:
501.030 As used in this Title, the words to fish and their derivatives, fishes, fishing and fished, mean catching, taking, capturing, killing, injuring or crippling of a fish or game amphibian, and every attempt to do so.
________
Senate Bill No. 136Committee on Natural Resources
CHAPTER 38
AN ACT relating to wildlife; authorizing the director of the department of wildlife to enter certain cooperative or reciprocal agreements with states not adjoining Nevada; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.351 is hereby amended to read as follows:
501.351 1. The director may enter into cooperative or reciprocal agreements with the Federal Government or any agency thereof, [adjoining states] any other state or any agency thereof, any other agency of this state, any county or other political subdivision of this state, to the extent permitted by the provisions of chapter 277 of NRS, any public or private corporation, or any person, in accordance with and for the purpose of carrying out the policy of the commission.
2. Such agreements do not relieve any party thereto of any liability, independent of such agreements, existing under any provision of law.
________
κ1993 Statutes of Nevada, Page 67κ
Senate Bill No. 135Committee on Natural Resources
CHAPTER 39
AN ACT relating to wildlife; exempting from the provisions governing the unlawful sale of game fish the importation and sale of dead game fish from licensed commercial processors or licensed fish hatcheries outside the state; exempting the importation and sale of mollusks and crustaceans from those provisions; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.381 is hereby amended to read as follows:
501.381 1. It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase any species of game fish or parts thereof, except as provided in this Title [.
2. Nothing in this section shall be so construed as to prohibit] or any regulation adopted pursuant thereto.
2. This section does not prohibit the importation and sale of dead game fish or parts thereof from licensed commercial processors or licensed fish hatcheries outside the state or the importation and sale of salt water fish [.] , mollusks or crustaceans.
________
Senate Bill No. 122Committee on Natural Resources
CHAPTER 40
AN ACT relating to wildlife; increasing the fee for the issuance of a duplicate license for hunting, fishing or trapping if the license is lost or stolen; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.110 is hereby amended to read as follows:
502.110 1. Except as otherwise provided in subsection 2, not more than one license of each class [shall] may be issued to any one person during each [license] licensing period.
2. If an unexpired license is lost or stolen, the person to whom the license was issued may receive another license of the same class by making application and certifying under oath that the license was lost or stolen and by paying:
(a) If the application is made to an authorized agent, the annual fee for the license ; [fee;] or
(b) If the application is made to the department [, a fee of $1.] :
κ1993 Statutes of Nevada, Page 68 (CHAPTER 40, SB 122)κ
(1) The annual fee for the license if that fee is less than $5; or
(2) A fee of $5.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 113Committee on Natural Resources
CHAPTER 41
AN ACT relating to wildlife; clarifying the period of validity for certain hunting or fishing licenses; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.090 is hereby amended to read as follows:
502.090 1. All licenses issued as provided in this chapter are valid, and authorize the person to whom issued to hunt, to fish or to trap during open seasons only on and from the date of issuance of the license until the date of expiration printed thereon.
2. [Each] Except as otherwise provided in subsection 3 of NRS 502.015, each fishing license, hunting license and combined hunting and fishing license is valid until the last day of February after its issuance.
________
Senate Bill No. 80Committee on Human Resources and Facilities
CHAPTER 42
AN ACT relating to adoption; authorizing licensed child-placing agencies to perform the investigations required before a child is placed in a home in preparation for adoption; and providing other matters properly relating thereto.
[Approved April 7, 1993]
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, 3 and 4 of this act.
Sec. 2. 1. The welfare division of the department of human resources or a licensed child-placing agency shall, within 60 days after receipt of confirmation of the natural parents intent to place the child for adoption and a completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
κ1993 Statutes of Nevada, Page 69 (CHAPTER 42, SB 80)κ
embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection. If a licensed child-placing agency undertakes the investigation, it shall provide progress reports to the welfare division in such a format and at such times as the welfare division requires to ensure that the investigation will be completed within the 60-day period. If, at any time, the welfare division determines that it is unlikely that the investigation will be completed in a timely manner, the welfare division shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.
2. If the placement is to be made in a home outside of this state, the welfare division or licensed child-placing agency must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.
Sec. 3. 1. Pending completion of the required investigation, the child must be:
(a) Retained by the natural parent; or
(b) Placed by the natural parent with the welfare division of the department of human resources or licensed child-placing agency and placed by it in a foster home licensed by the welfare division,
until a determination is made concerning the suitability of the prospective adoptive parents.
2. Upon completion of the investigation, the welfare division or licensed child-placing agency shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the decision to approve or deny the placement. If the prospective adoptive home is found:
(a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the welfare division or licensed child-placing agency shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or a licensed child-placing agency for adoption.
Sec. 4. 1. Whenever the welfare division of the department of human resources believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
κ1993 Statutes of Nevada, Page 70 (CHAPTER 42, SB 80)κ
provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the welfare divisions petition, and proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act; or
(2) Proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
2. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the welfare division does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act.
Sec. 5. NRS 127.045 is hereby amended to read as follows:
127.045 1. Except as otherwise provided in subsection 2, until a valid release for or consent to adoption is executed by the mother as provided by NRS 127.070 and the investigation required by [NRS 127.280] section 2 of this act is completed, no person may:
(a) Petition any court for the appointment of a guardian; or
(b) Be appointed the temporary guardian,
of the person of the child to be adopted.
2. The provisions of subsection 1 do not apply to any person who is related or whose spouse is related to the child within the third degree of consanguinity.
Sec. 6. NRS 127.080 is hereby amended to read as follows:
127.080 1. Except as otherwise provided in NRS 127.070 and [127.280,] sections 3 and 4 of this act, a written consent to a specific adoption pursuant to this chapter cannot be revoked or nullified.
2. Except as otherwise provided in NRS 127.070, a relinquishment for adoption pursuant to this chapter cannot be revoked or nullified.
3. A minor parent may execute a relinquishment for adoption and cannot revoke it upon coming of age.
κ1993 Statutes of Nevada, Page 71 (CHAPTER 42, SB 80)κ
Sec. 7. NRS 127.220 is hereby amended to read as follows:
127.220 As used in NRS 127.230 to 127.310, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires:
1. Arrange the placement of a child means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.
2. Child-placing agency means the welfare division of the department of human resources or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the welfare division to place children for adoption or permanent free care.
3. Person includes a hospital.
4. Recommend the placement of a child means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.
Sec. 8. 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 [.] and sections 2 and 3 of this act.
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. 9. NRS 127.280 is hereby amended to read as follows:
127.280 1. A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless:
(a) The welfare division of the department of human resources or a licensed child-placing agency first receives written notice of the proposed placement from:
(1) The prospective adoptive parents of the child;
(2) The person recommending the placement; or
(3) A natural parent;
κ1993 Statutes of Nevada, Page 72 (CHAPTER 42, SB 80)κ
(b) The investigation required by the provisions of [this] section 2 of this act has been completed; and
(c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.
2. Upon receipt of written notice from any person other than the natural parent, the welfare division [shall contact] or licensed child-placing agency shall communicate with the natural parent to confirm his intention to place the child for adoption with the prospective parents identified in the written notice.
[3. The welfare division shall, within 60 days after receipt of confirmation of the natural parents intent to place the child for adoption and the completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the welfare division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.
4. If the placement is to be made in a home outside of this state, the welfare division must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.
5. Pending completion of the required investigation, the child must be:
(a) Retained by the natural parent; or
(b) Placed by the natural parent with the welfare division and placed by the welfare division in a foster home licensed by it,
until a determination is made by the welfare division concerning the suitability of the prospective adoptive parents.
6. Upon completion of the investigation, the welfare division shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
κ1993 Statutes of Nevada, Page 73 (CHAPTER 42, SB 80)κ
relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
7. Whenever the welfare division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:
(a) The welfare division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and
(b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:
(1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the welfare divisions petition, and proceed pursuant to paragraph (b) of subsection 6; or
(2) Proceed pursuant to paragraph (b) of subsection 6 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.
8. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the welfare division does not proceed pursuant to subsection 7, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 6.
9. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of this section is guilty of a gross misdemeanor.]
Sec. 10. NRS 127.310 is hereby amended to read as follows:
127.310 1. Except as otherwise provided in subsection 2 and NRS 127.240, 127.283 and 127.285, any person or organization other than the welfare division of the department of human resources who, without holding a valid unrevoked license to place children for adoption issued by the welfare division:
[1.] (a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
[2.] (b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
κ1993 Statutes of Nevada, Page 74 (CHAPTER 42, SB 80)κ
published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
2. Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280 and sections 2 and 3 of this act is guilty of a gross misdemeanor.
Sec. 11. NRS 422.283 is hereby amended to read as follows:
422.283 1. Except as otherwise provide 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.] by section 2 of this act.
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.
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.
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.
Sec. 12. NRS 424.090 is hereby amended to read as follows:
424.090 NRS 424.010 to 424.100, inclusive, [shall] do not apply to homes in which:
1. Care is provided only for a neighbors or friends child on an irregular or occasional basis for a brief period of time, not to exceed 90 days.
2. Care is provided by the legal guardian.
3. Care is provided for an exchange student.
4. Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.
5. Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as provided [for in NRS 127.280.] in section 3 of this act.
________
κ1993 Statutes of Nevada, Page 75κ
Assembly Bill No. 65Committee on Judiciary
CHAPTER 43
AN ACT relating to proceedings to commitment; allowing testimony given before a magistrate at a hearing or examination to be admitted at a trial if the witness persistently refuses to testify despite an order of the judge to do so; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.198 is hereby amended to read as follows:
171.198 1. The magistrate shall employ a certified shorthand reporter to take down all the testimony and the proceedings on the hearing or examination, and within such time as the court may designate have such testimony and proceedings transcribed into typewritten transcript.
2. When the testimony of each witness is all taken and transcribed by the reporter, the reporter shall certify to the transcript in the same manner as for a transcript of testimony in the district court, which certificate authenticates the transcript for all purposes of this Title.
3. Before the date set for trial, either party may move the court before which the case is pending to add to, delete from, or otherwise correct the transcript to conform with the testimony as given and to settle the transcript so altered.
4. The compensation for the services of a reporter employed as provided in this section are the same as provided in subsection 1 of NRS 3.370, to be paid out to the county treasury as other claims against the county are allowed and paid.
5. Testimony reduced to writing and authenticated according to the provisions of this section must be filed by the examining magistrate with the clerk of the district court of his county, and [in case] if the person is subsequently examined upon a writ of habeas corpus, such testimony must be considered as given before such judge or court. A copy of the transcript must be furnished to the defendant and to the district attorney.
6. The testimony so taken may be used:
(a) By the defendant; or
(b) By the state if the defendant was represented by counsel or affirmatively waived his right to counsel,
upon the trial of the cause, and in all proceedings therein, when the witness is sick, out of state , [or] dead, or persistent in refusing to testify despite an order of the judge to do so, or when his personal attendance cannot be had in court.
________
κ1993 Statutes of Nevada, Page 76κ
Assembly Bill No. 58Committee on Judiciary
CHAPTER 44
AN ACT relating to murder; expanding the aggravated circumstances under which the death penalty may be imposed; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.
6. The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.
7. The murder was committed upon a peace office or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For the purposes of this subsection, peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
κ1993 Statutes of Nevada, Page 77 (CHAPTER 44, AB 58)κ
10. The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.
Sec. 2. The amendatory provisions of this act do not apply to murders which are committed before October 1, 1993.
________
Assembly Bill No. 52Committee on Judiciary
CHAPTER 45
AN ACT relating to civil liability; imposing civil liability against a person convicted of larceny or certain other crimes for the value of the stolen property; imposing civil liability for damage to property under certain circumstances; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is convicted of violating any provision of NRS 205.060 or 205.220 to 205.2707, inclusive, is civilly liable for the value of any property stolen and not recovered in its original condition. The value of the property must be determined by its retail value or fair market value at the time the crime was committed, whichever is greater.
2. A person who is convicted of any other crime involving damage to property is civilly liable for the amount of damage done to the property.
3. The prosecutor shall notify the victim concerning the disposition of the criminal charges against the defendant within 30 days after the disposition. The notice must be sent to the last known address of the victim.
4. An order of restitution signed by the judge in whose court the conviction was entered shall be deemed a judgment against the defendant for the purpose of collecting damages.
5. Nothing in this section prohibits a victim from recovering additional damages from the defendant.
Sec. 2. NRS 598.033 is hereby amended to read as follows:
598.033 1. An adult who steals merchandise from , or damages property on, a merchants premises is civilly liable for the retail value of the merchandise [,] or the fair market value of the other property, plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorneys fees. An action may be brought even if there has been no criminal conviction for the theft [.] or damage.
2. An action under this section may be brought as a small claim in a justices court if the total amount sought does not exceed the statutory limit for such a claim.
κ1993 Statutes of Nevada, Page 78 (CHAPTER 45, AB 52)κ
Sec. 3. NRS 598.035 is hereby amended to read as follows:
598.035 1. The parent or legal guardian, as the case may be, of a minor who steals merchandise from , or damages property on, a merchants premises is civilly liable for [the] :
(a) The retail value of the merchandise [,] ; and
(b) The fair market value of the damaged property,
plus damages of not less than $100 nor more than $250, costs of suit and reasonable attorneys fees. An action may be brought even if there has been no criminal conviction for the theft [.] or damage. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be brought as a small claim in a justices court if the total amount sought does not exceed the statutory limit for such a claim.
________
Assembly Bill No. 49Committee on Judiciary
CHAPTER 46
AN ACT relating to criminal procedure; requiring judgments of conviction and imprisonment to include the term of imprisonment and the amount and terms of any fine, restitution or administrative assessment; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.105 is hereby amended to read as follows:
176.105 1. If a defendant is found guilty and is:
(a) To be committed to the custody of the director of the department of prisons for an evaluation by the department, the judgment of conviction must set forth the plea, the verdict or finding and the adjudication.
(b) Sentenced as provided by law, the judgment of conviction must set forth:
(1) The plea;
(2) The verdict or finding;
(3) The adjudication and sentence, including the date of the sentence, any term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
(4) The exact amount of credit granted for time spent in confinement before conviction, if any.
2. If the defendant is found not guilty, or for any other reason is entitled to be discharged, judgment must be entered accordingly.
3. The judgment must be signed by the judge and entered by the clerk.
κ1993 Statutes of Nevada, Page 79 (CHAPTER 46, AB 49)κ
Sec. 2. NRS 176.325 is hereby amended to read as follows:
176.325 1. When a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified copies of the entry thereof in the minutes, attested by the clerk under the seal of the court, must forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.
2. The judgment of imprisonment must include:
(a) The plea;
(b) The verdict or finding;
(c) The adjudication and sentence, including the date of the sentence, the term of imprisonment, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and
(d) The exact amount of credit granted for time spent in confinement before conviction, if any.
________
Senate Bill No. 73Committee on Human Resources and Facilities
CHAPTER 47
AN ACT relating to adoption; authorizing the welfare division of the department of human resources to accept gifts and grants to assist in the production of a booklet on adoption; and providing other matters properly relating thereto.
[Approved April 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 127.009 is hereby amended to read as follows:
127.009 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;
κ1993 Statutes of Nevada, Page 80 (CHAPTER 47, SB 73)κ
(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. The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.
3. The division may accept gifts and grants to assist in the production and distribution of the booklet.
4. Any gift or grant received pursuant to subsection 3 must be:
(a) Kept in a separate account in the department of human resources gift fund. All claims against the account must be approved by the state welfare administrator before they are paid.
(b) Used only for the production and distribution of the booklet prepared pursuant to this section.
Sec. 2. NRS 422.250 is hereby amended to read as follows:
422.250 1. [Any] Except as otherwise provided by NRS 127.009, any gift or grants of money which the welfare division is authorized to accept must be deposited in the state treasury to the credit of the welfare divisions gift and cooperative account in the department of human resources gift fund.
2. Money in the account must be used for welfare purposes only and expended in accordance with the terms of the gift or grant.
3. All claims must be approved by the administrator before they are paid.
________
Assembly Bill No. 12Committee on Government Affairs
CHAPTER 48
AN ACT relating to state purchasing; increasing the permissible duration of certain contracts; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.280 is hereby amended to read as follows:
333.280 1. [The] Except as otherwise provided in this subsection, the chief may enter into a contract using a standard form of contract, by advertising in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials and equipment for not more than 1 year. If an extended contractual period is necessary to promote the use of a manufacturing process which emphasizes the efficient use of energy or to promote the manufacture of products which use recycled materials, the chief may enter into such a contract for not more than 3 years.
κ1993 Statutes of Nevada, Page 81 (CHAPTER 48, AB 12)κ
which emphasizes the efficient use of energy or to promote the manufacture of products which use recycled materials, the chief may enter into such a contract for not more than 3 years.
2. The original terms of a contract may be extended [from year to year] annually thereafter if the conditions for extension are specified in the original solicitation, and the chief determines that an extension is in the best interest of the state.
________
Assembly Bill No. 67Committee on Judiciary
CHAPTER 49
AN ACT relating to citations for misdemeanors; authorizing a city or county to designate parking enforcement officers to prepare, sign and serve written citations for violations of parking ordinances; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.17751 is hereby amended to read as follows:
171.17751 1. Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.
2. The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.
3. The chief of the manufactured housing division of the department of commerce may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.
4. An employee designated pursuant to this section:
(a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;
(b) May, if he is employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and
(c) Shall comply with the provisions of NRS 171.1773.
________
κ1993 Statutes of Nevada, Page 82κ
Assembly Bill No. 81Committee on Judiciary
CHAPTER 50
AN ACT relating to criminal procedure; authorizing a prosecuting attorney when filing an information to include only those offenses to which a defendant agrees to plead guilty pursuant to a plea bargain; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the attorney general when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon such preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waive of the preliminary examination. Each such information must set forth the crime committed according to the facts.
4. If, with the consent of the prosecuting attorney, a defendant waives his right to a preliminary examination in accordance with an agreement by the defendant to plead guilty or nolo contendere to a lesser charge or at least one but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.
Sec. 2. NRS 173.095 is hereby amended to read as follows:
173.095 1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
κ1993 Statutes of Nevada, Page 83 (CHAPTER 50, AB 81)κ
2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the district attorney may file a notice of habitual criminality with the court.
3. The court shall permit an information to be amended pursuant to subsection 4 of NRS 173.035.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 82Committee on Judiciary
CHAPTER 51
AN ACT relating to wire communications; authorizing district courts to issue an order for the use of a pen register or a trap and trace device upon the affidavit of an investigator employed by the attorney general or a district attorney; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.530 is hereby amended to read as follows:
179.530 1. District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the attorney general or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions exist on July 1, 1989.
2. As used in this section, peace officer means:
(a) Sheriffs of counties and metropolitan police departments and their deputies;
(b) Investigators, agents, officers and employees of the division of investigation of the department of motor vehicles and public safety who have the powers of peace officers pursuant to NRS 481.230;
(c) Policemen of cities and towns; [and]
(d) Agents of the state gaming control board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS [.] ;
(e) Special investigators employed by the attorney general who have the powers of peace officers pursuant to NRS 228.080; and
(f) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 252.070.
3. A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.
________
κ1993 Statutes of Nevada, Page 84κ
Assembly Bill No. 85Committee on Judiciary
CHAPTER 52
AN ACT relating to witnesses; allowing a declaration made under the penalty of perjury by a person who withdraws a sample of blood from another for analysis to be admitted in a criminal or administrative proceeding to prove certain facts; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.315 is hereby amended to read as follows:
50.315 1. If a person has qualified in the district court of any county as an expert witness to testify regarding the presence in the blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in an administrative proceeding or in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove:
(a) The identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis;
(b) The quantity of the purported controlled substance; and
(c) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation; and
(b) That he prepared a solution or gas having the chemical composition specified by the manufacturer of the device as necessary for accurately calibrating it.
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
κ1993 Statutes of Nevada, Page 85 (CHAPTER 52, AB 85)κ
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant [;] or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 2. NRS 50.325 is hereby amended to read as follows:
50.325 1. If a person is charged with an offense punishable pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison or organic solvent,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.
2. The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendants counsel and to the defendant, by registered or certified mail by the prosecuting attorney.
3. If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit or declaration must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 or NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
κ1993 Statutes of Nevada, Page 86 (CHAPTER 52, AB 85)κ
violating NRS 484.379 or a provision of chapter 484 or NRS for which a drivers license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.
4. If at the trial or preliminary hearing the affidavit or declaration of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period [of] not to exceed 3 judicial days to receive the testimony. [Should] If 3 judicial days are not [be] sufficient in a county whose population is less than 35,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.
Sec. 3. NRS 172.135 is hereby amended to read as follows:
172.135 1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them or furnished by legal documentary evidence or by the deposition or witnesses taken as provided in this Title, except that the grand jury may receive an affidavit or declaration from an expert witness or other person described in NRS 50.315 in lieu of his personal testimony or deposition.
2. The grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence.
________
Assembly Bill No. 101Committee on Taxation
CHAPTER 53
AN ACT relating to taxation; authorizing the department of taxation to reduce or waive the payment of interest owed for the nonpayment of certain taxes; authorizing the department to reduce the amount of a penalty it imposed for the nonpayment of certain taxes; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 360.419 is hereby amended to read as follows:
360.419 1. The department may, for good cause shown, waive or reduce the payment of [a] the interest or penalty , or both, on any tax which is owed to the state or to a county by any person. The department shall, upon the request of any person, disclose the:
(a) Name of the person whose interest or penalty was waived or reduced; and
(b) Amount so waived or the amount of the reduction.
κ1993 Statutes of Nevada, Page 87 (CHAPTER 53, AB 101)κ
2. This section applies to all taxes imposed under this Title except for those imposed pursuant to chapter 364, 366, 371 or 375 of NRS.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 133Committee on Government Affairs
CHAPTER 54
AN ACT relating to cities; authorizing the annexation of a portion of an unincorporated town by a city under certain circumstances if the annexation is approved by the governing body of the unincorporated town; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.580 is hereby amended to read as follows:
268.580 1. The governing body of any city may extend the corporate limits of [such] the city to include any territory which meets the general standards of subsection [1] 2 and every part of which meets the requirements of [either subsection 2, 3, 4 or 5.
1.] subsection 3, 4, 5 or 6.
2. The total area proposed to be annexed must meet the following standards:
(a) It must be contiguous to the annexing citys boundaries at the time the annexation proceedings are instituted.
(b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.
(c) No part of the territory proposed to be annexed may be included within the boundaries of another incorporated city [or] as those boundaries exist on July 1, 1983.
(d) No part of the territory proposed to be annexed may be included within the boundaries of any unincorporated town as those boundaries exist on July 1, 1983 [.
2.] , without the prior approval of the governing body of the unincorporated town in which the territory is located.
3. All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:
(a) Has a total resident population density of two or more persons per acre of land included within its boundaries;
(b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or
κ1993 Statutes of Nevada, Page 88 (CHAPTER 54, AB 133)κ
(c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.
[3.] 4. In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection [2 if such] 3 if the area:
(a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and
(b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection [2.] 3.
The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.
[4.] 5. A governing body may also annex any area which does not meet the requirements of subsection [2 if such] 3 if the area is bounded on at least 75 percent of its aggregate external boundaries by existing corporate boundaries of the annexing city.
[5.] 6. A governing body may also annex any area which does not meet the requirements of subsection [2] 3 if the owners of record of not less than 75 percent of the individual lots or parcels of land within [such] the area sign a petition requesting the governing body to annex [such] the area to the municipality.
Sec. 2. NRS 268.597 is hereby amended to read as follows:
268.597 As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may annex territory which meets the requirements of subsection [1] 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the area sign a petition requesting the governing body to annex the area to the city. If the petition is accepted by the governing body, the governing body may proceed to adopt an ordinance annexing the area and to take such other action as is appropriate to accomplish the annexation.
________
κ1993 Statutes of Nevada, Page 89κ
Assembly Bill No. 137Committee on Taxation
CHAPTER 55
AN ACT relating to property taxes; revising the provisions governing the assessment of property for taxation; repealing certain obsolete provisions; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.091 is hereby amended to read as follows:
361.091 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has filed an affidavit with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at the time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any 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. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Veterans Administration or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
κ1993 Statutes of Nevada, Page 90 (CHAPTER 55, AB 137)κ
disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death [; and] or would have been eligible if he had been a resident of the State of Nevada;
(c) The surviving spouse has not remarried [.] ; and
(d) The surviving spouse is an actual bona fide resident of the State of Nevada.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, 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.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 361.155 is hereby amended to read as follows:
361.155 1. All claims for personal tax exemptions on real property and the initial claim of an organization for a tax exemption on real property must be filed on or before June 15. All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
2. Each claim for an exemption provided for under this chapter must be filed with the county assessor of [the] :
(a) The county in [which:
(a) The] which the claimant resides for personal tax exemptions; or
(b) [The organizations principal business office is located for the tax exemption of an organization,
regardless of the location of the property for which the exemption is claimed.] Each county in which property is located for the tax exemption of an organization.
3. After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.
4. If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.
κ1993 Statutes of Nevada, Page 91 (CHAPTER 55, AB 137)κ
pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 361.260 is hereby amended to read as follows:
361.260 1. Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.
2. At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile homes on the secured tax roll if the owner of the personal property or mobile home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes of 3 years on both the real property and the personal property or mobile home, plus penalties. Personal property and mobile homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.
3. An improvement on real property in existence on July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection 4 must be placed on the unsecured tax roll.
4. The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.
5. In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
6. In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.
7. The county assessor shall physically reappraise all real property at least once every 5 years.
κ1993 Statutes of Nevada, Page 92 (CHAPTER 55, AB 137)κ
Sec. 6. NRS 361.310 is hereby amended to read as follows:
361.310 1. On or before January 1 of each year, the county assessor of each of the several counties shall complete his assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.
2. The county assessor shall close his roll as to all changes on the day he delivers it for publication. The roll may be reopened beginning the next day for changes that occur before July 1 in:
(a) Ownership;
(b) Improvements as a result of new construction, destruction or removal;
(c) Land parceling;
(d) Site improvements;
(e) Zoning or other legal or physical restrictions on use;
(f) Actual use;
(g) Exemptions; or
(h) Items of personal property on the secured roll,
or to correct overassessments because of a factual error in existence, size , quantity or age.
3. Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.
4. Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.
Sec. 7. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as otherwise provided in subsection 2, the board of equalization of each county consists of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and
(b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.
2. The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. If such an additional panel is added, it shall determine the valuation of residential real property and the other members of the board shall sit separately to determine the valuation of all other property subject to its jurisdiction.
3. A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.
4. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers.
κ1993 Statutes of Nevada, Page 93 (CHAPTER 55, AB 137)κ
experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
5. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
6. The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.
7. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
8. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.
9. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
10. The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February [20] 28 of each year except as to matters remanded by the state board of equalization. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
11. The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.
Sec. 8. NRS 361.355 is hereby amended to read as follows:
361.355 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the state, whether assessed by the Nevada tax commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the state or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon.
κ1993 Statutes of Nevada, Page 94 (CHAPTER 55, AB 137)κ
not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon. The complaint and proof must show the name of the owner or owners, the location, the description, and the taxable value of the property claimed to be undervalued or nonassessed.
2. Any person, firm, company, association or corporation wishing to protest the valuation of real or personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 shall likewise appear before the county board of equalization.
3. The county board of equalization forthwith shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making the complaint it shall immediately make such increase in valuation of the property complained of as conforms to its taxable value, or cause the property to be placed on the assessment roll at its taxable value, as the case may be, and make proper equalization thereof.
4. Except as provided in subsection 5 and NRS 361.403, any such person, firm, company, association or corporation who fails to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, is not entitled to file a complaint with, or offer proof concerning that undervalued or nonassessed property to, the state board of equalization.
5. If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may file his complaint no later than [the 1st Monday of] March 10 with the state board of equalization and submit his proof as provided in this section at a session of the state board of equalization, upon complainant proving to the satisfaction of the state board of equalization he had no knowledge of the undervalued or nonassessed property before the final adjournment of the county board of equalization. The state board of equalization shall proceed in the matter in [like] the same manner as provided in this section for a county board of equalization in such a case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 8.5. NRS 361.357 is hereby amended to read as follows:
361.357 1. The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, [before] not later than January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If the county board of equalization finds that the full cash value of the property is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted each year from the otherwise computed taxable value of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.
κ1993 Statutes of Nevada, Page 95 (CHAPTER 55, AB 137)κ
2. No appeal under this section may result in an increase in the taxable value of the property.
Sec. 9. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the state board of equalization no later than [the 1st Monday of] March 10 and present to the state board of equalization the matters complained of at one of its session.
2. All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the state board of equalization and served upon the county assessor not less than 7 days before the hearing.
3. Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the state board of equalization, which shall meet before May 31 to hear these protests. Every such appeal must be filed on or before May 15.
4. If the appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of him pursuant to NRS 361.265 or has refused or, without good cause, has neglected to provide the list to the county assessor, the state board of equalization may not reduce the assessment of the county assessor.
5. If the state board of equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the state board of equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the state board of equalization determines that the record returned from the county board of equalization after remand is still inadequate, the state board of equalization may hold a hearing anew on the appellants complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the state board. The cost of the contract and all costs, including attorneys fees, to the state or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.
Sec. 10. NRS 361.380 is hereby amended to read as follows:
361.380 1. Except as otherwise provided in subsection 3, annually, the state board of equalization shall convene on the [3rd] fourth Monday in March in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. The state board of equalization shall conclude the business of equalization on cases that in its opinion have a substantial effect on tax revenues on or before April [10.] 15. Cases having less than a substantial effect on tax revenues may be heard at additional meetings which may be held at any time and place in the state before October 1.
κ1993 Statutes of Nevada, Page 96 (CHAPTER 55, AB 137)κ
may be heard at additional meetings which may be held at any time and place in the state before October 1.
2. The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization is notice of such sessions, or if it so elects, the state board of equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.
3. The state board of equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If such other place is so designated, notice thereof must be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such meeting or meetings are to be held.
Sec. 11. NRS 361.390 is hereby amended to read as follows:
361.390 Each county assessor shall:
1. File with or cause to be filed with the secretary of the state board of equalization, on or before [the 1st Monday in] March 10 of each year, the tax roll, or a true copy thereof, of his county for the current year as corrected by the county board of equalization.
2. Prepare and file with the department on or before January 31, and again on or before the first Monday in March, of each year a segregation report showing the assessed values for each taxing entity within the county on a form prescribed by the department. The assessor shall make any projections required for the current fiscal year. The department shall make any projections required for the upcoming fiscal year.
3. Prepare and file with the department on or before July 31 for the secured roll and on or before April 30 for the unsecured roll, a statistical report showing values for all categories of property on a form prescribed by the department.
Sec. 12. NRS 361.395 is hereby amended to read as follows:
361.395 1. During the annual session of the state board of equalization beginning on the [3rd] fourth Monday in March of each year, the state board of equalization shall:
(a) Equalize property valuations in the state.
(b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada tax commission, of any class or piece of property in whole or in part in any county, including those classes of property enumerated in NRS 361.320.
2. If the state board of equalization proposes to increase the valuation of any property on the assessment roll, it shall give 10 days, notice to interested persons by registered or certified mail or by personal service. The notice must state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he personally appears before the board and is notified of the proposed increase in valuation.
κ1993 Statutes of Nevada, Page 97 (CHAPTER 55, AB 137)κ
Sec. 13. NRS 361.465 is hereby amended to read as follows:
361.465 1. Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners. The county auditor shall proceed to extend the tax roll by:
(a) Applying the tax rate levied to the total assessed valuation;
(b) Ascertaining the total taxes to be collected from each property owner; and
(c) Itemizing, separately for each property owner, the rate of tax applicable to him which is levied for each local government, debt service and any other recipient of the tax revenue so that the distribution of the total rate of tax levied upon his property is shown.
2. When the tax roll has been so extended, and not later than July [1] 10 of each year, the county auditor shall deliver it, with his certificate attached, to the ex officio tax receiver of the county.
Sec. 14. NRS 361.5643 is hereby amended to read as follows:
361.5643 Upon compliance by the purchaser or repossessor of a mobile home with the provisions of NRS 361.562 or [361.5642] upon payment of the tax the county assessor [shall deliver forthwith to the purchaser or repossessor of a mobile home, as well as annually thereafter upon payment of the tax,] may issue a sticker which must be of a design and affixed in such manner as is prescribed by the department.
Sec. 15. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser, repossessor or other owner of a mobile home fails to comply with the provisions of subsection 1 of NRS 361.562 [or with the provisions of NRS 361.5642] within the required time , the county assessor shall collect a penalty, which must be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in NRS 361.561 within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in NRS 361.561 more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562 [or 361.5642] neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty must be computed for each fiscal year from [:
(a) The] the date of purchase within or importation into this state . [, under NRS 361.562.
(b) July 1, under NRS 361.5642.]
Sec. 16. NRS 361.768 is hereby amended to read as follows:
361.768 1. Whenever an overassessment of real or personal property appears upon the secured tax roll of any county because of a factual error concerning its existence, [zoning, use, size or age] size, quantity, age, use or zoning or legal or physical restrictions on its use or the partial or complete destruction or removal of an improvement or secured personal property as of the lien date on July 1, the county assessor shall make a report thereof to the board of county commissioners of the county.
κ1993 Statutes of Nevada, Page 98 (CHAPTER 55, AB 137)κ
destruction or removal of an improvement or secured personal property as of the lien date on July 1, the county assessor shall make a report thereof to the board of county commissioners of the county.
2. The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:
(a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and
(b) Serve a copy of the order on the county treasurer, who shall make the necessary refunds or adjustments to the tax bill and correct the secured tax roll.
Only the secured property tax rolls for the current and the succeeding tax year may be so corrected.
Sec. 17. NRS 361.838 is hereby amended to read as follows:
361.838 1. A claim for a refund may be filed with the assessor of the county in which the claimants home or mobile home lot is located between January 15 and April 30, inclusive.
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.
3. The county assessor shall furnish the appropriate form to each claimant if he processes the claim. If the claim is submitted to the department, it shall furnish the appropriate form.
4. After receiving a claim, the county assessor shall:
(a) If the claimant is the renter of a home or mobile home lot, submit the claim to the department; or
(b) If the claimant is a homeowner, process the claim or submit the claim to the department.
5. The county assessor shall, within [10] 45 days after receiving a claim which is submitted to the department, determine the assessed valuation of the property to which the claim applies and submit the claim to the department.
Sec. 18. (Deleted by amendment.)
Sec. 19. NRS 489.531 is hereby amended to read as follows:
489.531 1. The division shall not issue a certificate of ownership of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home was situated at the time of sale has endorsed on the certificate that all personal property taxes [due] on that manufactured home or mobile home [in that county for any part of] for the fiscal year [in which the sale occurred] have been paid.
2. Every certificate of ownership issued for a used manufactured home or mobile home must contain a warning, printed or stamped on its face, to the effect that title to a used manufactured home or used mobile home does not pass until the county assessor of the county in which the manufactured home or mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes [due] on that manufactured home or mobile home [in that county for any part of] for the fiscal year [in which the sale occurred] have been paid.
κ1993 Statutes of Nevada, Page 99 (CHAPTER 55, AB 137)κ
Sec. 20. NRS 361.5642 and 369.380 are hereby repealed.
Sec. 21. 1. This section and sections 1, 2, 3 and 13 to 20, inclusive, of this act become effective upon passage and approval.
2. Sections 4 to 12, inclusive, of this act become effective on July 1, 1993.
________
Assembly Bill No. 142Committee on Judiciary
CHAPTER 56
AN ACT relating to communications; expanding cases in which interception of wire or oral communications may be authorized; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.460 is hereby amended to read as follows:
179.460 1. The attorney general or the district attorney of any county may apply to a supreme court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and [such] the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when [such] the interception may provide evidence of the commission of murder, kidnaping, robbery, extortion, bribery, destruction of public property by explosives, a sexual offense against a child or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.
2. A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of any interception made pursuant to the order.
3. As used in this section, sexual offense against a child includes any act upon a child constituting:
(a) Incest pursuant to NRS 201.180;
(b) Lewdness with a child pursuant to NRS 201.230;
(c) Annoyance or molestation of a child pursuant to NRS 207.260;
(d) Sado-masochistic abuse pursuant to NRS 201.262;
(e) Sexual assault pursuant to NRS 200.366;
(f) Statutory sexual seduction pursuant to NRS 200.368; or
(g) Open or gross lewdness pursuant to NRS 201.210.
________
κ1993 Statutes of Nevada, Page 100κ
Senate Bill No. 81Committee on Human Resources and Facilities
CHAPTER 57
AN ACT relating to public finance; providing for the establishment and imposition of fees for services of the division of child and family services of the department of human resources; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The division shall establish and impose a schedule of fees, in accordance with subsection 2, for services rendered through each of its programs, except that:
(a) The division shall not charge a fee for any services related to the adoption of a child with special needs.
(b) The administrator may waive any fee established pursuant to this section if he determines that the person required to pay that fee is financially unable to do so.
(c) The provisions of NRS 423.160 and 423.210 supersede the provisions of this section.
2. Except as otherwise provided in subsection 3:
(a) The highest fee established for a service must approximate the cost of providing the service.
(b) A scale must be established proportionate to income so that families whose income is low can afford services preventive of greater expense to the family or the public afterward.
(c) The schedule must be submitted to the director for approval before enforcement.
(d) The fees collected pursuant to the schedule must be deposited in the state treasury to the credit of the state general fund.
3. With regard to any:
(a) Fees charged by the division pursuant to NRS 422.283, the provisions of subsection 2 of that section supersede the provisions of paragraph (a) of subsection 2 of this section.
(b) Schedule of fees established by the division pursuant to NRS 433.404, the provisions of that section supersede any inconsistent provision of subsection 2 of this section.
4. With regard to any services provided by the division pursuant to chapter 62, 432 or 432B of NRS, the provisions of this section supersede the provisions of subsections 2 and 5 of NRS 432.085.
Sec. 2. NRS 232.410 is hereby amended to read as follows:
232.410 As used in NRS 232.400 to 232.465, inclusive, and section 1 of this act, unless the context requires otherwise:
κ1993 Statutes of Nevada, Page 101 (CHAPTER 57, SB 81)κ
1. Administrator means the administrator of the division.
2. Division means the division of child and family services of the department.
________
Senate Bill No. 36Committee on Taxation
CHAPTER 58
AN ACT relating to taxes on retail sales; requiring certain persons for whom audits outside of this state are necessary to pay for the travel and other actual expenses incurred by the department of taxation in conducting the audit; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.740 is hereby amended to read as follows:
372.740 1. The department, or any person authorized in writing by it, may examine the books, papers, records and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person [in order] to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
2. Any person selling or purchasing tangible personal property in this state who is required to obtain a permit pursuant to NRS 372.125 or to file a return pursuant to subsection 2 of NRS 372.360, and who keeps outside of this state his records, receipts, invoices and other documents relating to sales he has made [,] or the use tax due this state, shall pay to the department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the state for each day or fraction thereof during which an employee of the department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he is absent from his regular place of employment to examine those documents.
________
κ1993 Statutes of Nevada, Page 102κ
Senate Bill No. 38Committee on Taxation
CHAPTER 59
AN ACT relating to regional transportation commissions; changing the terms to be served by members of commissions in larger counties; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 373.040 is hereby amended to read as follows:
373.040 1. In counties [having a population of] whose population is 100,000 or more, the commission [shall] must be composed of representatives selected as follows:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.
2. In counties [having a population of] whose population is less than 100,000, the commission [shall] must be composed of representatives selected as follows:
(a) If the county contains a city:
(1) Two by the board.
(2) One by the governing body of the largest city.
(b) If the county contains no city, the board shall select:
(1) Two members of the board; and
(2) One representative of the public, who is a resident of the largest town, if any, in the county.
3. In Carson City, the commission [shall] must be composed of representatives selected by the board of supervisors as follows:
(a) Two members of the board of supervisors.
(b) One representative of the city at large.
4. The first representatives [shall] must be selected within 30 days after passage of the ordinance creating the commission, and [shall] , except as otherwise provided in subsection 5, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance [shall] must be selected within 30 days after the first meeting of the governing body, and [shall] , except as otherwise provided in subsection 5, must serve until the next ensuing December 31 of an even-numbered year. Their successors [shall] must serve for terms of 2 years, and vacancies must be filled for the unexpired term.
5. In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.
Sec. 2. In counties whose population is 400,000 or more, the term of each person who is serving on a regional transportation commission on the effective date of this act is extended until June 30, 1995.
________
κ1993 Statutes of Nevada, Page 103κ
Senate Bill No. 65Committee on Human Resources and Facilities
CHAPTER 60
AN ACT relating to education; allowing a pupil to apply to the total number of credits required for graduation from high school credits received for certain courses of education completed at a community college or university; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.160 is hereby amended to read as follows:
389.160 1. A pupil enrolled in high school who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to [substitute] apply the credit received for the course so completed [for a course] to the total number of credits required for graduation from high school.
2. With the approval of the state board, the board of trustees of each county school district shall prescribe the courses for which credits may be [substituted] received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 182Committee on Health and Human Services
CHAPTER 61
AN ACT relating to handicapped persons; prohibiting the bureau of services to the blind of the rehabilitation division of the department of human resources from guaranteeing loans to blind persons who are under contract with the bureau; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 426.670 is hereby amended to read as follows:
426.670 1. The bureau shall:
(a) Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of the buildings or properties of its findings.
κ1993 Statutes of Nevada, Page 104 (CHAPTER 61, AB 182)κ
(b) With the consent of the respective heads of departments or agencies charged with the maintenance of the buildings or properties, establish vending stands in those locations which the bureau has determined to be suitable. The bureau may enter into leases or licensing agreements therefor.
(c) Select, train, license and assign qualified blind persons to manage or operate vending stands or do both.
(d) [Execute] Except as otherwise provided in this paragraph, execute contracts or agreements with blind persons to manage or operate vending stands or do both. The agreements may concern finances, management, operation and other matters concerning the stands. The bureau shall not execute a contract or agreement which obligates the bureau, under any circumstances, to make payments on a loan to a blind person.
(e) When the bureau deems such action appropriate, impose and collect license fees for the privilege of operating vending stands.
(f) Establish and effectuate such regulations as it may deem necessary to assure the proper and satisfactory operation of vending stands. The regulations must provide a method for setting aside money from the revenues of vending stands and provide for the payment and collection thereof.
2. The bureau may enter into contracts with vendors for the establishment and operation of vending stands. These contracts must include provisions for the payment of commissions to the bureau based on revenues from the vending stands. The bureau may assign the commissions to licensed operations for the maintenance of their incomes.
3. The bureau may, by regulation, provide:
(a) Methods for recovering the cost of establishing vending stands.
(b) Penalties for failing to file reports or make payments required by NRS 426.630 to 426.720, inclusive, or a regulation adopted pursuant to those sections when they are due.
Sec. 2. The amendatory provisions of this act do not affect any contract or agreement executed before July 1, 1993, by the bureau of services to the blind of the rehabilitation division of the department of human resources.
Sec. 3. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 105κ
Assembly Bill No. 174Assemblymen Wendell Williams, Arberry, Gibbons, Spitler, Garner, Myrna Williams, Smith, Schneider, Price, Giunchigliani, Porter, Collins, Bonaventura, Chowning, Toomin, Anderson, Haller, Bache, Carpenter, Bennett, Regan, Petrak, Kenny, Gregory, McGaughey and Segerblom.
CHAPTER 62
AN ACT relating to sexual assault; limiting the right of a natural father to custody of or visitation with a child conceived as the result of a sexual assault; providing an exception; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if a child is conceived as the result of a sexual assault and the person convicted of the sexual assault is the natural father of the child, such a person has no right to custody of or as visitation with the child unless the natural mother or legal guardian consents thereto and it is in the best interest of the child.
2. The provisions of subsection 1 do not apply if the person convicted of the sexual assault is the spouse of the victim at the time of the sexual assault. If such persons later divorce, a court shall consider the conviction of sexual assault in determining whether to grant custody of or visitation with the child to the spouse convicted of the sexual assault.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 173Assemblymen de Braga, Collins, Wendell Williams, Segerblom, Bache, Price, Hettrick, Regan, Ernaut, Carpenter, Petrak, Marvel, Kenny, Smith, Gibbons, Freeman and Neighbors
CHAPTER 63
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for horses; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 8, 1994, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
κ1993 Statutes of Nevada, Page 106 (CHAPTER 63, AB 173)κ
of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice of the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 8, 1994, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 58.1, immediately following section 58, to read as follows:
Sec. 58.1. There are exempted from the taxes imposed by this act the gross receipts from the sale and the storage, use or other consumption of horses.
Sec. 2. This act becomes effective on January 1, 1995.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale and storage, use or other consumption of horses?
Yes c No c
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the gross receipts from the sale and the storage, use or other consumption of horses. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1995. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
κ1993 Statutes of Nevada, Page 107 (CHAPTER 63, AB 173)κ
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
There are exempted from the taxes imposed by this chapter the gross receipts from the sale and the storage, use or other consumption of horses.
Sec. 10. Section 9 of this act becomes effective on January 1, 1995, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 8, 1994.
________
Assembly Bill No. 169Committee on Health and Human Services
CHAPTER 64
AN ACT relating to vital statistics; allowing the state board of health to authorize county health officers to supply abstracted birth certificates; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 440.670 is hereby amended to read as follows:
440.670 1. Upon request, the state registrar shall supply to any applicant a certificate reciting the birth date, sex, race and birthplace of any person whose birth is registered under the provisions of this chapter. The certificate must show that the data therein contained is as disclosed by the record of the birth.
2. The board may, by regulation, authorize county health officers to issue such certificates. The board shall determine the standard form for the abstracted certificates.
3. Every such certificate is prima facie evidence in all courts and places of the facts therein stated.
________
κ1993 Statutes of Nevada, Page 108κ
Senate Bill No. 77Committee on Human Resources and Facilities
CHAPTER 65
AN ACT relating to adoption; permitting natural and adoptive parents to choose the extent of information to be exchanged; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 127.230 is hereby amended to read as follows:
127.230 1. The welfare division of the department of human resources, with the approval of the state welfare board, shall:
(a) Establish reasonable minimum standards for child-placing agencies.
(b) [Prescribe rules for the regulation] Adopt regulations concerning the operation of child-placing agencies.
(c) Adopt regulations establishing the procedure to be used in placing children for adoption, [including adoptions in] which must allow the natural parent or parents [have limited knowledge of] and the prospective adoptive parent or parents [,] to determine, by mutual consent, the amount of identifying information that will be communicated concerning each of them.
2. All licensed child-placing agencies shall conform to the standards established and the [rules prescribed] regulations adopted pursuant to subsection 1.
Sec. 2. NRS 127.250 is hereby amended to read as follows:
127.250 1. The application for a license to operate a child-placing agency shall be in a form prescribed by the welfare division of the department of human resources. The license shall state to whom it is issued and the fact that it shall be in force and effect for 1 year from the date of its issuance.
2. The issuance by the welfare division of the department of human resources of a license to operate a child-placing agency shall be based upon reasonable and satisfactory assurance to the division that the applicant for such license will conform to the standards established and the [rules prescribed] regulations adopted by the division as provided in NRS 127.230.
3. When the division is satisfied that a licensee is conforming to such standards and [rules,] regulations, it shall renew his license, and the license so renewed shall continue in force for 1 year from the date of renewal.
________
κ1993 Statutes of Nevada, Page 109κ
Senate Bill No. 172Committee on Government Affairs
CHAPTER 66
AN ACT relating to funds; eliminating the responsibility of the state board of finance with regard to certain funds; requiring that certain fees collected by the commission on mineral resources be credited to the account for the department of minerals in the state general fund; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.260 is hereby amended to read as follows:
244.260 1. [With the approval of the state board of finance, the] The board of county commissioners of any county may accumulate a fund, for a period not to exceed 14 years, for the purpose of constructing, making additions to, or repairing any and all buildings which by law the board is authorized to build, repair, manage and control, by the levy of an annual special tax not to exceed 25 cents on each $100 of assessed value of real and personal property in the county.
2. All [moneys] money collected from the special tax [shall] must be placed with the county treasurer in a fund to be known as the county surplus building and maintenance reserve fund. Any [moneys] money in the fund at the end of the fiscal year [shall] does not revert to the county general fund but [shall] must remain in the county surplus building and maintenance reserve fund until earmarked for a specific purpose.
3. Any [moneys] money in the county surplus building and maintenance reserve fund may, from time to time, be invested only in short-term United States Government bonds.
Sec. 2. NRS 244.263 is hereby amended to read as follows:
244.263 1. Notwithstanding the provisions of NRS 244.260 and 450.250, [with the approval of the state board of finance,] the board of county commissioners of any county may, by an order of the board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Money in the county hospital construction fund must be used only for participation in the construction of a health facility pursuant to the provisions of NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and health facility have the same meanings ascribed to them in subsections 2 and 6 of NRS 449.260.
3. The county hospital construction fund may be composed of:
(a) All or a part of the money paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) All or a part of the money accumulated by the county pursuant to the provisions of NRS 244.260.
(c) The proceeds of any annual special tax levied by the board of county commissioners for the fund.
4. Money deposited in a county hospital construction fund does not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund may exist for a period longer than 10 years from the date of the order of its creation.
κ1993 Statutes of Nevada, Page 110 (CHAPTER 66, SB 172)κ
the order of its creation. Any money remaining in the county hospital construction fund at the end of the 10-year period reverts to the county general fund.
5. Any money in the county hospital construction fund may, from time to time, be invested only in short-term bonds of the United States Government.
Sec. 3. NRS 268.045 is hereby amended to read as follows:
268.045 1. Except as otherwise provided in subsection 2, [with the approval of the state board of finance,] every incorporated city in this state, whether incorporated under the provisions of chapter 266 or 267 of NRS or under the provisions of a special act, may accumulate a fund for a period of time not to exceed 10 years for the purpose of making future municipal capital improvements, but no special tax [shall] may be levied for this purpose. [Such fund shall] The fund must not exceed the amount of 25 cents per year on each $100 of assessed value of real and personal property in such city.
2. [With the approval of the state board of finance, every] Every incorporated city in this state, whether incorporated under the provisions of chapter 266 or 267 of NRS or under the provisions of a special act, may accumulate any [or all moneys] money received from the sale or lease of real and personal property, which property was transferred to the city by the Federal Government or one of its agencies without consideration, for the purpose of making future municipal capital improvements, without regard to the limitations of time and amount contained in subsection 1.
3. All [moneys] money so accumulated from whatever source [shall] must be placed in a fund to be designated as the ........ capital improvement fund.
4. [With the approval of the state board of finance, a] A city may, by payments from the general fund of the city scheduled over a period of years, return to a fund accumulated pursuant to subsection 2 [moneys] money withdrawn from [such] that fund to finance a specific municipal capital improvement.
5. No [moneys] money in the capital improvement fund at the end of the fiscal year [shall] may revert to the general fund of the city, nor [shall such moneys] may the money be a surplus.
Sec. 4. NRS 387.328 is hereby amended to read as follows:
387.328 1. The board of trustees of each school district shall establish a fund for capital projects for the purposes set forth in subsection 1 of NRS 387.335. The money in the fund for capital projects may be transferred to the debt service fund to pay the cost of the school districts debt service.
2. [With the approval of the state board of finance, the] The board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.
3. That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the fund established under subsection 1 or the school districts debt service fund.
4. No money in the fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.
κ1993 Statutes of Nevada, Page 111 (CHAPTER 66, SB 172)κ
Sec. 5. NRS 513.103 is hereby amended to read as follows:
513.103 1. The account for the department of minerals is hereby created in the state general fund.
2. The following special fees and money must be deposited in the account:
(a) All fees collected pursuant to NRS 513.094, 517.185 and chapter 522 of NRS.
(b) All money collected pursuant to NRS 235.016.
(c) All money received by the department for a county pursuant to NRS 513.108.
(d) All fees collected pursuant to NRS 534A.080
(e) Any money appropriated to the department from the state general fund.
3. No money except that appropriated from the state general fund lapses to the state general fund.
4. The money in the account is appropriated to the department. The money deposited in the account pursuant to paragraph (a) of subsection 2, and the interest earned thereon, must be expended for the purposes of administering chapter 522 of NRS and the provisions of this chapter, except for NRS 513.108. The money deposited pursuant to paragraphs (b) and (c) of subsection 2, and the interest earned thereon, must be distributed to the counties pursuant to NRS 513.108, except that portion required to pay the cost of administering the provisions of that section. All interest earned on the account must remain in the account.
Sec. 6. NRS 534A.080 is hereby amended to read as follows:
534A.080 1. The commission on mineral resources shall impose and collect a fee for examining and filing an application for a permit to drill or operate a geothermal well or to drill an exploratory well. The fee must be deposited [in the fund for regulation of geothermal wells, which is hereby created in the state treasury as a special revenue fund.] with the state treasurer, for credit to the account for the department of minerals created in the state general fund pursuant to NRS 513.103.
2. The fee may be based in part on the number of acres of land being used by the person who holds the permit.
3. The commission and the department of minerals may use the money [in the fund] deposited in the account for the department of minerals pursuant to this section to administer the provisions of this chapter.
________
κ1993 Statutes of Nevada, Page 112κ
Senate Bill No. 232Senator McGinness
CHAPTER 67
AN ACT relating to navigable rivers; extending the prospective expiration of the provision granting immunity from civil liability to the state and any city, county or other political subdivision for clearing a channel of a navigable river; and providing other matters properly relating thereto.
[Approved April 14, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 735, Statutes of Nevada 1989, at page 1693, is hereby amended to read as follows:
Sec. 2. This act expires by limitation on June 30, [1993.] 1996.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 47Senator Smith
CHAPTER 68
AN ACT relating to schools; authorizing schools to provide drills to instruct pupils of the appropriate procedures to be followed in the event of a chemical explosion and other disasters; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.450 is hereby amended to read as follows:
392.450 1. The board of trustees of a school district shall provide [fire] drills for the pupils in the schools in the school district at least once a month during the school year [.] to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, [fire drills shall] the drills required by subsection 1 must be conducted under the supervision of the [chief] :
(a) Person designated for this purpose by the board of trustees of the school district; and
(b) Chief of the fire department of the city or town.
3. [Copies of fire escape route diagrams and fire drill information as] A diagram of the approved escape route and any other information related to the drills which is approved by the chief of the fire department or, if there is no fire department, the state fire marshal [shall] must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.
κ1993 Statutes of Nevada, Page 113 (CHAPTER 68, SB 47)κ
classroom of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school building shall [see that] cause the provisions of this section [are] to be enforced.
5. Any violation of the provisions of this section is a misdemeanor.
Sec. 2. NRS 394.170 is hereby amended to read as follows:
394.170 1. The authorities in charge of every private school within this state shall provide [fire] drills for the pupils in the schools at least twice in each month during the school year [.] to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, [fire drills shall] the drills required by subsection 1 must be conducted under the supervision of the chief of the fire department of the city or town.
3. The state fire marshal shall prescribe general regulations governing [fire] the drills and shall, with the cooperation of the superintendent of public instruction , arrange for the supervision of [fire] drills in schools where [such] the drills are not supervised pursuant to subsection 2.
4. [Copies] A copy of this section [shall] must be kept posed in every classroom of every private school by the principal or teacher in charge thereof.
5. The principal, teacher or other person in charge of each school building shall [see that] cause the provisions of this section [are] to be enforced.
6. Any violation of the provisions of this section is a misdemeanor.
Sec. 3. This act becomes effective on July 1, 1993.
________
Senate Bill No. 191Senator Adler
CHAPTER 69
AN ACT relating to drivers licenses; providing that imprisonment is not mandatory for driving without a drivers license after the expiration of a period of suspension, revocation or restriction of such a license; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as provided in subsection 2, any person who drives a motor vehicle on the highway or on premises to which the public has access at a time when his drivers license has been canceled, revoked or suspended is guilty of a misdemeanor.
2. If [the] :
κ1993 Statutes of Nevada, Page 114 (CHAPTER 69, SB 191)κ
(a) The license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct [,] ; and
(b) The period of suspension, revocation or restriction that was imposed has not expired,
he shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500 nor more than $1,000. No person who is punished under this subsection may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.
3. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of confinement must be served within 6 months after the date of conviction, and any segment of time the person is confined must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed under this section and NRS 484.3792 or 484.3794 must run consecutively.
5. The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was:
(a) Suspended shall extend the period of the suspension for an additional like period.
(b) Revoked shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.
(d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and 1 year for each subsequent violation.
Suspensions and revocations under this section must run consecutively.
________
κ1993 Statutes of Nevada, Page 115κ
Senate Bill No. 223Committee on Human Resources and Facilities
CHAPTER 70
AN ACT relating to services to aging persons; requiring advocates for residents of facilities for long-term care to perform the duties of the ombudsman for aging persons on a temporary basis upon request by the administrator of the aging services division of the department of human resources; requiring the ombudsman to perform the duties of an advocate on a temporary basis upon request by the administrator; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.125 is hereby amended to read as follows:
427A.125 The administrator may appoint advocates for residents of facilities for long-term care, who are within the aging services division and are in the classified service of the state. Such an advocate shall, under direction of the administrator:
1. Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.
2. Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the administrator.
3. Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.
4. Coordinate services within the department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.
5. Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.
6. Upon request, advise and assist the governor, the legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.
7. Provide information to interested persons and to the general public concerning his functions and activities.
8. Report annually to the administrator.
9. Upon request by the administrator, temporarily perform the duties of the ombudsman for aging persons specified in NRS 427A.310.
Sec. 2. NRS 427A.310 is hereby amended to read as follows:
427A.310 [The]
1. Except as otherwise provided in subsection 2, the ombudsman for aging persons shall provide assistance to persons who are 60 years of age or older and who do not reside in facilities for long-term care. The assistance must include at least the:
[1.] (a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through the program established pursuant to NRS 427A.250;
κ1993 Statutes of Nevada, Page 116 (CHAPTER 70, SB 223)κ
[2.] (b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the ombudsman and the existence of groups of aging persons with similar interests and concerns;
[3.] (c) Publication of a guide for use in each county of this state regarding the resources and services available for aging persons in the respective county; and
[4.] (d) Advocation of issues relating to aging persons.
2. Upon request by the administrator, the ombudsman for aging persons shall temporarily perform the duties of advocates for residents of facilities for long-term care specified in NRS 427A.125 to 427A.165, inclusive.
________
Senate Bill No. 226Committee on Judiciary
CHAPTER 71
AN ACT relating to unclaimed property; expanding the provision setting forth the circumstances under which the state may take custody of certain unclaimed property held by an intermediary in another state; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.225 is hereby amended to read as follows:
120A.225 1. All intangible personal property, including, but not limited to, any income or increment thereon, that is held for the owner outside this state by a court, public corporation, public authority or public officer, an appointee thereof, a federal or state governmental entity or a political subdivision thereof or any business association, that has remained unclaimed by the owner for more than 3 years after it became payable or distributable by the issuer of the property is presumed abandoned and subject to the provisions of this chapter if:
[1.] (a) The last known address of the owner is unknown to the holder of the property; and
[2.] (b) The property was issued or originated by [this state, a] :
(1) This state;
(2) A political subdivision of this state ; or [an]
(3) An entity or organization that was incorporated or organized under the laws of this state [.] or was otherwise located in this state at the time the property was issued or originated.
2. The provisions of subsection 1 do not apply to property which is or may be presumed abandoned and subject to the custody of this state pursuant to any other specific statute.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 117κ
Assembly Bill No. 57Committee on Judiciary
CHAPTER 72
AN ACT relating to traffic laws; clarifying the procedure for obtaining involuntary samples of blood from certain persons who are suspected of driving under the influence of a controlled substance or alcohol; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
4. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but may be required to submit to a breath or urine test.
5. If the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
6. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of these tests constitutes a failure to submit to one test under this section.
7. Except as provided in subsections 4 and 6, a police officer shall not direct a person to submit to a urine test.
8. If a person to be tested fails to submit to a required test as directed by a police officer under this section, none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, and that the person:
κ1993 Statutes of Nevada, Page 118 (CHAPTER 72, AB 57)κ
has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, and that the person:
(a) Thereby caused death or substantial bodily harm to another; or
(b) Has been convicted of an offense, as defined in subsection 8 of NRS 484.3792, within the previous 7 years,
the officer may direct that reasonable force be used to the extent necessary to obtain [a sample] samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
________
Assembly Bill No. 228Committee on Judiciary
CHAPTER 73
AN ACT relating to criminal procedure; allowing all prosecuting attorneys to issue subpenas for witnesses; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 172.305 is hereby amended to read as follows:
172.305 A presentment or indictment may not be dismissed on the ground that the specific subject of the inquiry was not disclosed to the defendant pursuant to NRS 172.195 or subsection [3] 4 of NRS 174.315.
Sec. 2. NRS 174.315 is hereby amended to read as follows:
174.315 1. The [district] prosecuting attorney may issue subpenas subscribed by him for witnesses within the state, in support of the prosecution or whom the grand jury may direct to appear before it, upon any investigation pending before the grand jury.
2. The [district] prosecuting attorney or the attorney for the defendant may issue subpenas subscribed by the issuer for:
(a) Witnesses within the state to appear before the court at which an indictment, information or criminal complaint is to be tried.
(b) Witnesses already subpoenaed who are required to reappear in any justices court at any time the court is to reconvene in the same case within 60 days, and the time may be extended beyond 60 days upon good cause being shown for its extension.
[2.] 3. Witnesses, whether within or [without] outside of the state, may accept delivery of a subpena in lieu of service, by a written or oral promise to appear given by the witness. Any person who accepts an oral promise to appear shall:
(a) Identify himself to the witness by name and occupation;
κ1993 Statutes of Nevada, Page 119 (CHAPTER 73, AB 228)κ
(b) Make a written notation of the date when the oral promise to appear was given and the information given by the person making the oral promise to appear identifying him as the witness subpoenaed; and
(c) Execute a certificate of service containing the information set forth in paragraphs (a) and (b).
[3. The district]
4. The prosecuting attorney shall orally inform any witness subpenaed as provided in subsection 1 of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
________
Assembly Bill No. 280Committee on Judiciary
CHAPTER 74
AN ACT relating to crimes; revising the provisions for effecting an arrest during the night; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting officer;
(c) When the person is found and the arrest is made in a public place or a place that is open to the public and:
(1) There [are at least two outstanding warrants] is a warrant of arrest against the person; and
(2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;
(d) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed; [or]
(e) When the offense charged is battery committed by a person upon his spouse and any bodily harm has occurred [.] ;
(f) When the person is already in custody as a result of another lawful arrest; or
(g) When the person voluntarily surrenders himself in response to an outstanding warrant of arrest.
________
κ1993 Statutes of Nevada, Page 120κ
Assembly Bill No. 318Committee on Ways and Means
CHAPTER 75
AN ACT making a supplemental appropriation to the division of child and family services of the department of human resources for certain obligations incurred in fiscal year 1990-1991; and providing other matters properly relating thereto.
[Approved April 20, 1993]
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 child and family services of the department of human resources the sum of $62,726 for payment of outstanding obligations incurred in fiscal year 1990-1991 to be allocated as follows:
1. For the obligations of the welfare division as it existed on July 1, 1989, the sum of $20,670.
2. For the obligations of the youth services division as it existed on July 1, 1989, the sum of $42,056.
Sec. 2. The appropriation made by section 1 of this act is supplemental to that made by section 30 of chapter 611, Statutes of Nevada 1989.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 82Committee on Human Resources and Facilities
CHAPTER 76
AN ACT relating to the division of child and family services of the department of human resources; requiring the division to adopt certain regulations in accordance with the Nevada Administrative Procedure Act if the director of the department assigns to the division certain powers and duties of the welfare division of the department; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.400 is hereby amended to read as follows:
232.400 1. The purposes of the division of child and family services in the department are to:
(a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.
(b) Aid in the preservation, rehabilitation and reunification of families.
(c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.
(d) Provide services for youth who are in need of residential care or in need of treatment or both.
2. In accomplishing its purposes, the division shall:
κ1993 Statutes of Nevada, Page 121 (CHAPTER 76, SB 82)κ
(a) Establish and operate a central, comprehensive state system for:
(1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;
(2) The referral of children and families to appropriate services; and
(3) The management and monitoring of cases in which children and families are referred to multiple services.
(b) Provide services for the support of families to:
(1) Maintain the integrity of families;
(2) Ensure that children are not unnecessarily removed from their homes; and
(3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.
(c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.
(d) Work closely with other governmental agencies and with public and private agencies providing the same or similar services.
3. The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.
4. The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division shall observe and evaluate the success of those programs.
5. If any of the powers and duties of the welfare division of the department relating to the adoption of children, or the placement of children for adoption or permanent free care, are assigned to the division by the director pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 232.463, the division shall adopt such regulations as are necessary to carry out those powers and duties in accordance with the provisions of chapter 233B of NRS.
Sec. 2. NRS 232.463 is hereby amended to read as follows:
232.463 1. The director may assign to the division of child and family services any of the powers and duties of the:
(a) Welfare division of the department relating to:
(1) The adoption of children, or the placement of children for adoption or permanent free care, pursuant to chapter 127 of NRS;
(2) The provision of, or the placement of children for, protective services, foster care or other services pursuant to chapter 62, 125A, 128, 424 or 432B of NRS; and
(3) The provision of services for the welfare of children pursuant to chapter 422 or 432 of NRS; and
(b) Mental hygiene and mental retardation division of the department relating to the provision of services for the mental health of children pursuant to chapter 210, 433, 433A or 436 of NRS, if such an assignment of powers and duties is necessary for the division of child and family services to accomplish the purposes and carry out the duties set forth in NRS 232.400.
κ1993 Statutes of Nevada, Page 122 (CHAPTER 76, SB 82)κ
if such an assignment of powers and duties is necessary for the division of child and family services to accomplish the purposes and carry out the duties set forth in NRS 232.400.
2. Any assignment of powers and duties pursuant to this section must be made by written order of the director, stating with particularity the specific powers and duties assigned and the statutory provisions applicable to those powers and duties.
3. [To] Except as otherwise provided in this subsection, to the extent that any of the powers and duties referred to in subsection 1 are assigned to the division of child and family services, any reference to:
(a) The welfare division of the department and the state welfare administrator; or
(b) The mental hygiene and mental retardation division of the department and the administrator of that division,
in any provision of NRS applicable to the assigned powers and duties shall be deemed to refer to the division of child and family services and the administrator of that division. The provisions of this subsection do not apply to the reference to the welfare division contained in NRS 233B.039.
4. Any action taken by a division of the department, including the issuance of a license, before its authority to take such an action is assigned to the division of child and family services pursuant to this section remains in effect as if taken by the division of child and family services.
5. Any regulation adopted by a division of the department before its authority to adopt such a regulation is assigned to the division of child and family services pursuant to this section remains in effect as if adopted by the division of child and family services.
________
Senate Bill No. 161Committee on Government Affairs
CHAPTER 77
AN ACT relating to local financial administration; eliminating the requirement that a county treasurer using an automated accounting system issue all receipts in triplicate; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.270 is hereby amended to read as follows:
354.270 1. [The] If a county treasurer [of each county] does not us an automated accounting system, he shall issue a receipt in triplicate for all [moneys] money received by him. The original [shall] must be delivered to the payee, the duplicate immediately filed by the county treasurer with the county auditor, and the triplicate retained by the county treasurer. The duplicate and triplicate receipts [shall,] must, in addition to showing the amount and source of revenue, contain an apportionment to the proper funds as follows:
κ1993 Statutes of Nevada, Page 123 (CHAPTER 77, SB 161)κ
(a) All revenue collected for general, administrative, current expense, salary, indigent and contingent purposes [shall] must be apportioned to the general fund.
(b) All revenue collected for special purposes [shall] must be apportioned to special funds, or to separate accounts established under the provisions of NRS 354.603, that have been or may be created, the purpose of which [shall] must be indicated in the title of each special fund.
2. [This section shall be considered mandatory, and any] If a county treasurer uses an automated accounting system, he shall enter information regarding all money received by him, including the amount and source of the money and the manner in which it must be apportioned, into the system. He shall retain all of the original documentation regarding each transaction. The treasurer is not required to issue a receipt to a payee unless the payee so requests.
3. A county treasurer failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 296Committee on Natural Resources
CHAPTER 78
AN ACT relating to the Colorado River commission; authorizing the commission to issue revenue bonds and certain other securities for the acquisition, equipment and improvement of a specified system for the transmission of electricity; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Unless the context otherwise requires:
1. Except as otherwise provided in subsection 2, the words and terms used in this act that are defined in the State Securities Law have the meanings ascribed to them in the State Securities Law.
2. As used in this act:
(a) Commission means the Colorado River commission.
(b) System means all real property and improvements, including equipment, structures and rights of way, associated with the 230 kilovolt transmission system extending from the 230 kilovolt bus at Mead Substation to Basic Substation in southern Nevada, including Amargosa Substation, Basic Substation, Clark Tie, and Hoover-Basic, Hoover-Mead and Basic-Mead transmission lines.
Sec. 2. The commission, on the behalf and in the name of this state, may borrow money and otherwise become obligated in a total principal amount not to exceed $23,000,000 to defray wholly or in part the cost of acquiring, improving and equipping the system and the cost of issuing securities to evidence these obligations.
κ1993 Statutes of Nevada, Page 124 (CHAPTER 78, SB 296)κ
Sec. 3. The authority to issue securities in a total principal amount not to exceed $23,000,000 under section 2 of this act increases or decreases to the extent justified by reason of changes in procurement and construction costs between December 31, 1992, and the date of acquisition of the system, as indicated by engineering cost indexes applicable to this type of acquisition.
Sec. 4. 1. Subject to the limitations as to the maximum principal amount in section 2 of this act, the commission may in accordance with the provisions of the State Securities Law issue revenue bonds and other securities constituting special obligations and payable from net pledged revenues, to defray the cost of the system, or any part thereof, at any time or from time to time after the adoption of this act, but not later than 15 years after the effective date thereof, as the commission deems appropriate.
2. This act does not prevent the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or the former division of Colorado River resources at any time as provided in the State Securities Law.
3. Subject to contractual obligations, the net revenues pledged for the payment of state securities by the commission may be derived from contractual commitments of the Federal Government, of those customers of the commission or of others utilizing the system to repay the commissions cost of retiring the state securities, including interest thereon, as the commission may determine.
Sec. 5. The legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act are for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 6. The powers conferred by this act are in addition and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law, except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 8. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 125κ
Assembly Bill No. 242Committee on Commerce
CHAPTER 79
AN ACT relating to professions; making various changes relating to the regulation of professional engineers and land surveyors; changing the name of the state board of registered professional engineers and land surveyors; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625.010 is hereby amended to read as follows:
625.010 Board means the state board of [registered] professional engineers and land surveyors.
Sec. 2. NRS 625.100 is hereby amended to read as follows:
625.100 1. The governor shall appoint seven persons, six of whom must be engaged in the practice or teaching of professional engineering in any of its disciplines except military engineering, and one of whom must be engaged in the practice or teaching of land surveying. The members must be citizens of the United States and residents of this state, and they constitute the state board of [registered] professional engineers and land surveyors.
2. All appointments made must be with the current roster of registered professional engineers and land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board must be distributed proportionately among the recognized disciplines of the profession. One of the members who is a land surveyor must not be registered as a professional engineer.
3. Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the secretary of state.
Sec. 3. NRS 625.240 is hereby amended to read as follows:
625.240 1. Except as otherwise provided in this section:
(a) A firm, partnership , corporation of [corporation may engage in the practice of professional engineering in this state if the member or members of the firm, partnership or corporation immediately responsible for engineering work performed in this state are professional engineers.] other person engaged in or offering to engage in the practice of professional engineering in this state shall employ full time at least one professional engineer at each place of business where engineering work is or will be performed; and
(b) All engineering work done at a place of business must be performed under a professional engineer who has been placed in responsible charge of work and who is employed full time at that particular place of business.
2. If the only professional engineer employed full time at the place of business where engineering work is performed ceases to be employed at that place of business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a professional engineer; and
κ1993 Statutes of Nevada, Page 126 (CHAPTER 79, AB 242)κ
(b) The professional engineer placed in responsible charge of work performed at the place of business is not required to be employed full time at that place of business.
3. Except as otherwise provided in subsection [3, every office or place of business of any person engaged in the practice of professional engineering must have a professional engineer working in that office and in direct responsible supervision of the engineering work conducted in the office or place of business.] 4:
(a) A firm, partnership, corporation or other person performing or offering to perform engineering services in a certain discipline at a particular place of business shall employ full time at that place of business a professional engineer registered in that discipline.
(b) Every person who holds himself out as practicing a certain discipline [of professional engineering] must be registered in that discipline or must employ on a full-time basis a professional engineer registered in that discipline.
[3.] 4. The provisions of [subsection 2] this section do not apply to a firm, partnership , corporation or [corporation:] other person:
(a) Practicing professional engineering for his or its own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.
(b) Engaged in the practice of professional engineering at an office established for limited or temporary purposes, including an office established for the convenience of field survey crews or for inspecting construction.
Sec. 4. NRS 625.261 is hereby amended to read as follows:
625.261 1. Except as otherwise provided in this section:
(a) A firm, partnership , corporation or [corporation may engage in the practice of land surveying in this state if the member or members of the firm, partnership or corporation immediately responsible for land surveying work performed in this state are professional land surveyors registered under the provisions of this chapter.
2. Every office or place of business of any firm, partnership or corporation practicing land surveying must have a professional land surveyor in residence and in direct responsible supervision of the land surveying work conducted in the office or place of business. This subsection] other person engaged in or offering to engage in the practice of land surveying in this state shall employ full time at least one professional land surveyor at each place of business where land surveying work is or will be performed; and
(b) All land surveying work done at a place of business must be performed under a professional land surveyor who has been placed in responsible charge of work and who is employed full time at that particular place of business.
2. If the only professional land surveyor employed full time at a place of business where land surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:
(a) The place of business is not required to employ full time a professional land surveyor; and
κ1993 Statutes of Nevada, Page 127 (CHAPTER 79, AB 242)κ
(b) The professional land surveyor placed in responsible charge of work performed at the place of business is not required to be employed full time at that place of business.
3. This section does not apply to firms, partnerships , [or] corporations or other persons practicing land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews, or offices established for inspecting construction.
Sec. 5. NRS 625.390 is hereby amended to read as follows:
625.390 1. An applicant for registration as a professional engineer or land surveyor or for certification as an engineer-in-training or land surveyor-in-training must:
(a) Complete a form furnished and prescribed by the board;
(b) Answer all questions on the form under oath; and
(c) Provide a detailed summary of his technical training and education.
2. Unless the requirement is waived by the board, an applicant for registration must provide the names of not less than four references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the board. If the applicant is:
(a) Applying for registration as a land surveyor-in-training, at least three of the persons named as references must be professional land surveyors registered in this or any other state.
(b) Applying for registration as a professional engineer, the persons named as references must be professional engineers registered in this or any other state, three of whom must be registered in the same discipline of engineering for which the applicant is applying for registration.
(c) Applying for registration as a land surveyor, the persons named as references must be professional land surveyors registered in this or any other state.
3. The board shall, by regulation, establish the application fee for professional engineers and professional land surveyors in an amount not more than $200. The fee is nonrefundable and must accompany the application.
4. The board shall charge and collect from each applicant for certification as an engineer-in-training or a land surveyor-in-training a fee fixed by the board of not more than $100, which includes the cost of examination and the issuance of a certificate. The certificate as an engineer-in-training [is valid for 8 years, and the certificate] or as a land surveyor-in-training is valid for [6] 8 years. At the end of the [respective periods] stated period the certificates expire but may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.
7. The board shall require the biennial renewal of each certificate of registration of a professional engineer or professional land surveyor and collect a renewal fee of not more than $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
κ1993 Statutes of Nevada, Page 128 (CHAPTER 79, AB 242)κ
8. In addition to the fee for renewal, the board shall require a holder of an expired certificate of registration to pay, as a condition of renewal, a penalty in an amount established by regulation of the board.
Sec. 6. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, a majority of the members of the board present at the hearing vote in favor of finding the accused professional engineer [or] , professional land surveyor , or applicant for registration as a professional engineer or land surveyor or for certification as an engineer-in-training or land surveyor-in-training, guilty, the board may:
1. Revoke the certificate of registration of the registered professional engineer or land surveyor [;] or deny a certificate of registration to the applicant;
2. Suspend the license [or place] of the professional engineer or land surveyor ; [on probation for such periods as it deems necessary;]
3. Fine the professional engineer [or] , professional land surveyor or applicant not more than $5,000 for each violation of a provision of this chapter or any regulation adopted by the board; [or]
4. Place the professional engineer, professional land surveyor or applicant on probation for such periods as it deems necessary and, if the board deems appropriate, require the professional engineer, professional land surveyor or applicant to pay restitution to clients or other persons who have suffered economic losses as a result of a violation of the provisions of this chapter or the regulations adopted by the board; or
5. Take such other disciplinary action as the board deems appropriate.
Sec. 7. NRS 78.045 is hereby amended to read as follows:
78.045 1. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under the laws of this state which provides that the name of the corporation contain the word trust, unless:
(a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a trust company, either exclusively or in connection with its business as a bank or savings and loan association; and
(b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.
2. The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed under this chapter when it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance, unless the articles or certificate of amendment is first approved by the commissioner of insurance.
3. [The] Except as otherwise provided in subsection 4, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed under the laws of this state if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless:
(a) The state board of [registered] professional engineers and land surveyors certifies that the principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
κ1993 Statutes of Nevada, Page 129 (CHAPTER 79, AB 242)κ
engineering or are registered to practice engineering and architecture, except landscape architecture, under the laws of this state; or
(b) The state board of [registered] professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.
4. The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities and Exchange Act of 1934, which does not engage in the practice of professional engineering.
5. The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them under the provisions of this section.
Sec. 8. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:
(a) File in the office of the secretary of state of Nevada:
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in this state, or another corporation with its registered office located in this state. The certificate must set forth the name and complete address of the resident agent.
(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth a general description of the purposes of the corporation.
(b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to:
(a) The name of any corporation formed or incorporated in this state;
(b) The name of any other foreign corporation authorized to transact business within this state;
(c) A name reserved for the use of any proposed corporation;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership, unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.
κ1993 Statutes of Nevada, Page 130 (CHAPTER 79, AB 242)κ
unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.
3. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless the state board of [registered] professional engineers and land surveyors certifies that:
(a) The principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, pursuant to the laws of this state; or
(b) The corporation is exempt from the prohibitions of NRS 625.520.
Sec. 9. NRS 254.020 is hereby amended to read as follows:
254.020 The county engineer must be:
1. A qualified and competent civil engineer.
2. Registered as a professional engineer by the state board of [registered] professional engineers and land surveyors.
Sec. 10. NRS 329.050 is hereby amended read as follows:
329.050 Board means the state board of [registered] professional engineers and land surveyors.
________
Assembly Bill No. 335Committee on Commerce
CHAPTER 80
AN ACT relating to social workers; establishing provisional licenses for social workers; and providing other matters properly relating thereto.
[Approved April 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board shall grant a provisional license to engage in social work as a social worker to a person:
(a) Who applies to take the next available examination and who is otherwise eligible to be a social worker pursuant to subsection 1 of NRS 641B.220; or
(b) Who:
(1) Possesses a baccalaureate degree or a masters degree in a related field of study from an accredited college or university recognized by the board; and
(2) Presents evidence that he is enrolled in a program of study leading to a degree in social work at a college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation and which is approved by the board.
κ1993 Statutes of Nevada, Page 131 (CHAPTER 80, AB 335)κ
2. The board shall grant a provisional license to engage in social work as an independent social worker to a person who applies to take the next available examination and who is otherwise eligible to be an independent social worker pursuant to subsection 1 of NRS 641B.230.
3. The board shall grant a provisional license to engage in social work as a clinical social worker to a person who applies to take the next available examination and who is otherwise eligible to be a clinical social worker pursuant to subsection 1 of NRS 641B.240.
4. The board shall establish by regulation the period during which a provisional license issued pursuant to this section will be valid. The period must be:
(a) No longer than 9 months for a person who is granted a provisional license to engage in social work pursuant to paragraph (a) of subsection 1 or subsection 2 or 3; and
(b) No longer than 3 years for a person who is granted a provisional license to engage in social work pursuant to paragraph (b) of subsection 1.
Sec. 2. NRS 641B.040 is hereby amended to read as follows:
641B.040 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A nurse licensed to practice in this state;
2. A person licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources;
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board [.] , unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of section 1 of this act. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates his training status.
Sec. 3. NRS 641B.250 is hereby amended to read as follows:
641B.250 1. [Before] Except as otherwise provided in section 1 of this act, before the issuance of a license, each applicant, otherwise eligible for licensure, who has paid the fee and presented the required credentials, other than an applicant for a license to engage in social work as an associate in social work, shall appear personally and pass a written examination concerning his knowledge of the practice of social work.
2. Any such examination must be fair and impartial, practical in character with questions designed to discover the applicants fitness.
κ1993 Statutes of Nevada, Page 132 (CHAPTER 80, AB 335)κ
3. The board may employ specialists and other professional consultants or examining services in conducting the examination.
4. The member of the board who is the representative of the general public shall not participate in the grading of the examination.
5. The board shall examine applicants for licensure at least twice a year.
Sec. 4. NRS 641B.300 is hereby amended to read as follows:
641B.300 The board shall charge and collect fees not to exceed the following amounts for:
Initial application ............................................................................. $25
Provisional license .......................................................................... 75
Examination ...................................................................................... 100
Initial issuance of a license under this chapter ............................ 100
Annual renewal of a license issued under this chapter .............. 150
Restoration of a revoked license ................................................... 100
Reciprocal license without examination ...................................... 100
Sec. 5. This act becomes effective on July 1, 1993.
________
Senate Bill No. 7Committee on Judiciary
CHAPTER 81
AN ACT relating to local facilities for detention; providing for the transfer of a person arrested on a misdemeanor warrant from a local detention facility to the custody of the law enforcement agency that obtained the warrant; requiring that agency to pay the costs of the prisoners confinement; and providing other matters properly relating thereto.
[Approved April 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a sheriff, chief of police or town marshal takes custody of a prisoner for whom a magistrate has issued a warrant for arrest for a misdemeanor offense and the warrant is outstanding, the sheriff, chief of police or town marshal shall notify the law enforcement agency that obtained the warrant that the prisoner has been taken into custody. As used in this subsection, magistrate has the meaning ascribed to it in NRS 169.095.
2. Except as otherwise provided in this subsection and subsection 3, if there are no criminal charges pending or warrants outstanding for the prisoner in the county in which he is in custody, the law enforcement agency that obtained the warrant shall take custody of the prisoner within 72 hours after receiving the notice required by subsection 1. If there is a charge pending against or a warrant outstanding for a misdemeanor offense for the prisoner in the county in which he is in custody, the sheriff, chief of police or town marshal shall notify the law enforcement agency when the matter is resolved. The law enforcement agency shall take custody of the prisoner within 72 hours after receiving notice that the matter is resolved. This subsection does not apply if the law enforcement agency that obtained the warrant is in the same jurisdiction as the jail in which the prisoner is in custody.
κ1993 Statutes of Nevada, Page 133 (CHAPTER 81, SB 7)κ
not apply if the law enforcement agency that obtained the warrant is in the same jurisdiction as the jail in which the prisoner is in custody.
3. If, after notice is given pursuant to the provisions of subsection 1 or notice that the matter is resolved is given pursuant to subsection 2, the law enforcement agency sends a certified letter to the sheriff, chief of police or town marshal stating that it will take custody of the prisoner, and the letter is received within 72 hours after giving such notice, the law enforcement agency shall take custody of the prisoner not more than 7 days after the sheriff, chief of police or town marshal receives the letter. The law enforcement agency shall pay the actual costs of the prisoners confinement, including the direct cost of his support and an allocated share of the cost of maintaining the jail and guarding the prisoners therein. The board of county commissioners of the county or the governing body of the city or town shall determine these costs and, excluding the initial 72-hour period, charge the law enforcement agency for each day of confinement after the sheriff, chief of police or town marshal receives the certified letter, including the day the law enforcement agency takes custody of the prisoner.
4. If the law enforcement agency fails to take custody of the prisoner within the time required by this section, the sheriff, chief of police or town marshal may, if there are no other criminal charges pending or warrants outstanding for the prisoner, release him from custody.
________
Senate Bill No. 131Committee on Natural Resources
CHAPTER 82
AN ACT relating to wildlife; defining the phrase to take for purposes of certain statutory provisions relating to wildlife; and providing other matters properly relating thereto.
[Approved April 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this Title, unless the context otherwise requires, as used in this Title, the words to take and their derivatives, took, taken and taking, when used in reference to wildlife, mean to kill, capture, shoot, trap, catch, wound, possess, collect, seine, snare or net, and every attempt to do so.
________
κ1993 Statutes of Nevada, Page 134κ
Senate Bill No. 292Committee on Judiciary
CHAPTER 83
AN ACT relating to the department of prisons; eliminating the requirement that the chief parole and probation officer report to the department concerning the eligibility of certain offenders in residential confinement for awards of credit against their sentences; and providing other matters properly relating thereto.
[Approved April 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.433 is hereby amended to read as follows:
209.433 1. Every offender who was sentenced to prison on or before June 30, 1969, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits must be as shown in the following table:
SCHEDULE OF CREDITS
Number of Time to be
years of Good time Total good time served if
sentence. granted. made. full time is made.
1st year...................... 2 months 2 months 10 months
2nd year.................... 2 months 4 months 1 year, 8 months
3rd year..................... 4 months 8 months 2 years, 4 months
4th year..................... 4 months 1 year 3 years
5th year..................... 5 months 1 year, 5 months 3 years, 7 months
6th year..................... 5 months 1 year, 10 months 4 years, 2 months
7th year..................... 5 months 2 years, 3 months 4 years, 9 months
8th year..................... 5 months 2 years, 8 months 5 years, 4 months
9th year..................... 5 months 3 years, 1 month 5 years, 11 months
10th year................... 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits the credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
κ1993 Statutes of Nevada, Page 135 (CHAPTER 83, SB 292)κ
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.
[5. The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offenders eligibility for an award of credits pursuant to this section.]
Sec. 2. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; and
(b) For the period he is in residential confinement,
a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.
2. Credits accumulate as shown in the following table:
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year......................................... 2 months 2 months
2 years....................................... 2 months 4 months
3 years....................................... 4 months 8 months
4 years....................................... 4 months 1 year
5 years....................................... 5 months 1 year, 5 months
6 years....................................... 5 months 1 year, 10 months
7 years....................................... 5 months 2 years, 3 months
8 years....................................... 5 months 2 years, 8 months
9 years....................................... 5 months 3 years, 1 month
10 years....................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made must be deducted from the maximum term imposed by the sentence and, except as otherwise provided in subsection 5, applies to eligibility for parole.
3. In addition to the credits for good behavior provided for in subsection 1, the board shall adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes. The regulations must provide that an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
κ1993 Statutes of Nevada, Page 136 (CHAPTER 83, SB 292)κ
(c) For earning an associate degree, 90 days.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 or 3 as determined by the director.
5. Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
[6. The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offenders eligibility for an award of credits pursuant to this section.]
Sec. 3. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated under sentence; and
(b) For the period he is in residential confinement,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
[7. The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report monthly to the director regarding the offenders eligibility for an award of credits pursuant to this section.]
κ1993 Statutes of Nevada, Page 137 (CHAPTER 83, SB 292)κ
Sec. 4. NRS 209.449 is hereby amended to read as follows:
209.449 [1.] An offender who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30 days from the length of his remaining sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.
[2. The chief parole and probation officer or other person responsible for the supervision of an offender in residential confinement shall report to the director regarding the offenders eligibility for an award of credits pursuant to this section.]
Sec. 5. This act becomes effective on July 1, 1993.
________
Senate Bill No. 320Committee on Judiciary
CHAPTER 84
AN ACT relating to parole; clarifying that the longest sentence a prisoner is required to serve must be used to determine the prisoners eligibility for parole; and providing other matters properly relating thereto.
[Approved April 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
If a prisoner is sentenced pursuant to NRS 176.035 to serve two or more concurrent sentences, whether or not the sentences are identical in length or other characteristics, eligibility for parole from any of the concurrent sentences must be based on the sentence which requires the longest period before the prisoner is eligible for parole.
Sec. 2. NRS 213.120 is hereby amended to read as follows:
213.120 Except as otherwise provided in section 1 of this act and as limited by statute for certain specified offenses, a prisoner may be paroled when he has served one-third of the definite period of time for which he has been sentenced pursuant to NRS 176.033, less good time credits.
________
κ1993 Statutes of Nevada, Page 138κ
Senate Bill No. 329Committee on Finance
CHAPTER 85
AN ACT making a supplemental appropriation to the state distributive school account and reducing the basic support guarantee for fiscal year 1992-93; and providing other matters properly relating thereto.
[Approved April 28, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state distributive school account created pursuant to NRS 387.030 the sum of $51,035,894 as a supplemental appropriation to that made by section 8 of chapter 499, Statutes of Nevada 1991, at page 1552, for the fiscal year 1992-93.
Sec. 2. Notwithstanding the provisions of section 6 of chapter 499, Statutes of Nevada 1991, the basic support guarantee for school districts for operating purposes for the fiscal year 1992-93 is an estimated weighted average of $3,231, and the adjusted basic support guarantee for the respective school districts is as follows:
Carson City ............................................................................ $3,546.68
Churchill County .................................................................. 3,672.79
Clark County ......................................................................... 3,150.98
Douglas County .................................................................... 3,376.50
Elko County .......................................................................... 3,728.62
Esmeralda County ............................................................... 5,871.49
Eureka County ...................................................................... 100.00
Humboldt County ................................................................ 3,526.79
Lander County ...................................................................... 3,531.74
Lincoln County ..................................................................... 5,663.92
Lyon County ......................................................................... 3,924.19
Mineral County ..................................................................... 3,969.16
Nye County ........................................................................... 3,704.76
Pershing County .................................................................... 4,140.85
Storey County ....................................................................... 5,520.13
Washoe County .................................................................... 2,970.86
White Pine County ............................................................... 4,201.45
Sec. 3. Section 12 of chapter 499, Statutes of Nevada 1991, at page 1554, is hereby amended to read as follows:
Sec. 12. 1. The department of education is hereby authorized to spend from the state distributive school account the sum of $8,052,448 for the fiscal year 1991-92 and the sum of [$8,666,581] $7,566,581 for the fiscal year 1992-93 for the support of courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma. Of those amounts, no more than $3,027,348 may be used in fiscal year 1991-92 and no more than $3,226,850 may be used in fiscal year 1992-93 for the education of pupils who are incarcerated in a facility or institution operated by the department of prisons, other than an honor camp.
κ1993 Statutes of Nevada, Page 139 (CHAPTER 85, SB 329)κ
2. The amounts limited by subsection 1 may be increased in fiscal year 1992-93 to accommodate a distribution of money intended for a salary increase approved by the legislature.
Sec. 4. This act becomes effective upon passage and approval
________
Assembly Bill No. 126Committee on Natural Resources, Agriculture and Mining
CHAPTER 86
AN ACT relating to hazardous materials; directing the state fire marshal to develop a reference guide for use by personnel who respond to accidents and incidents involving hazardous materials; requiring such personnel to be equipped with the reference guide; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state fire marshal shall, in cooperation with local fire departments, develop a reference guide for use by state and local personnel who respond to accidents and incidents involving hazardous materials. The reference guide must provide information which is readily accessible regarding procedures for responding to the first critical moments of an accident or incident involving hazardous materials.
2. The state fire marshal shall make available, upon request, the reference guide developed pursuant to subsection 1 to local governments, state and local personnel who respond to accidents and incidents involving hazardous materials and students enrolled in training programs for responding to accidents and incidents involving hazardous materials.
Sec. 2. NRS 459.700 is hereby amended to read as follows:
459.700 As used in NRS 459.700 to 459.780, inclusive, and section 1 of this act, unless the context otherwise requires:
1. Commission means the state emergency response commission.
2. Department means the department of motor vehicles and public safety.
3. Director means the director of the department of motor vehicles and public safety.
4. Division means the Nevada highway patrol division of the department of motor vehicles and public safety.
5. Extremely hazardous material means any material or combination of materials listed in Appendix A or B of Part 355 of Title 40 of the Code of Federal Regulations.
6. Hazardous material means any substance or combination of substances, including solids, semisolids, liquids or contained gases, which:
κ1993 Statutes of Nevada, Page 140 (CHAPTER 86, AB 126)κ
(a) Is identified as hazardous by the regulating agency as a result of studies undertaken to identify hazardous materials or wastes; and
(b) Because of its quantity or concentration or its physical, chemical, radioactive or infectious characteristics may:
(1) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or
(2) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management,
including toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.
7. Person includes any agency or political subdivision of this state.
Sec. 3. 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 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 section 1 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
(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. 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.
________
κ1993 Statutes of Nevada, Page 141κ
Assembly Bill No. 245Committee on Health and Human Services
CHAPTER 87
AN ACT relating to crimes; prohibiting the unauthorized possession, transfer or use of card evidencing eligibility to receive Medicaid benefits; providing penalties; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Cardholder means the person named on the face of a Medicaid card to whom or for whose benefit the Medicaid card is issued by the welfare division.
Sec. 4. Medicaid card means any instrument or device evidencing eligibility for receipt of Medicaid benefits that is issued by the welfare division for the use of a cardholder in obtaining the types of medical and remedial care for which assistance may be provided under the plan.
Sec. 5. Plan means the state plan for the medically indigent established pursuant to NRS 422.234.
Sec. 6. Receives means to acquire possession or control.
Sec. 7. 1. Any person who:
(a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholders consent; or
(b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the welfare division or the cardholder,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Any person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who has in his possession or under his control two or more Medicaid cards issued in the name of another person or persons is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the welfare division.
κ1993 Statutes of Nevada, Page 142 (CHAPTER 87, AB 245)κ
Sec. 8. Any person who:
1. Sells or buys a Medicaid card; or
2. Authorizes another person to use his Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the plan, if the person to whom authorization is given is not entitled to use that card to obtain such care,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine or not more than $5,000, or by both fine and imprisonment.
Sec. 9. Any person who, with the intent to defraud:
1. Uses a Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the plan with the knowledge that the Medicaid card was obtained or retained in violation of any of the provisions of sections 2 to 8, inclusive, of this act or is forged or is the expired or revoked Medicaid card of another; or
2. Obtains the types of medical and remedial care for which assistance may be provided under the plan by representing, without the consent of the cardholder, that he is the authorized holder of a Medicaid card or that he is the holder of a Medicaid card that has not in fact been issued,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
Sec. 10. Any person authorized by the welfare division to furnish the types of medical and remedial care for which assistance may be provided under the plan, or an agent or employee of such an authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which he knows was obtained or retained in violation of any of the provisions of sections 2 to 8, inclusive, of this act, or is forged, expired or revoked, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 11. NRS 422.410 is hereby amended to read as follows:
422.410 1. Unless a different penalty is provided pursuant to NRS 422.450 to 422.580, inclusive, or sections 2 to 10, inclusive, of this act, every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.
2. For the purposes of subsection 1, whenever a recipient of aid to dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
κ1993 Statutes of Nevada, Page 143 (CHAPTER 87, AB 245)κ
would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.
3. For the purposes of subsection 1, public assistance includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.
________
Assembly Bill No. 279Committee on Judiciary
CHAPTER 88
AN ACT relating to arrest warrants; authorizing a peace officer to issue a citation to the defendant rather than arresting him when executing a warrant issued upon a misdemeanor offense; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.122 is hereby amended to read as follows:
171.122 1. [The] Except as otherwise provided in subsection 2, the warrant must be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he must show the warrant to the defendant as soon as possible. If the officer does not have a warrant in his possession at the time of the arrest, he shall then inform the defendant of his intention to arrest him, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued. The defendant must not be subjected to any more restraint than is necessary for his arrest and detention, but if the defendant either flees or forcibly resists, the officer may use all necessary means to effect the arrest.
2. In lieu of executing the warrant by arresting the defendant, a peace officer may issue him a citation as provided in NRS 171.1773 if:
(a) The warrant is issued upon an offense punishable as a misdemeanor;
(b) The officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;
(c) The defendant provides satisfactory evidence of his identity to the peace officer;
(d) The defendant signs a written promise to appear in court for the misdemeanor offense; and
(e) The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.
3. The summons must be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person then residing in the house or abode who is at least 16 years of age and is of suitable discretion, or by mailing it to the defendants last known address. In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
κ1993 Statutes of Nevada, Page 144 (CHAPTER 88, AB 279)κ
authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporations last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
Sec. 2. NRS 171.152 is hereby amended to read as follows:
171.152 1. The peace officer executing a warrant by arrest shall make return thereof to the magistrate before whom the defendant is brought pursuant to NRS 171.178 and 171.184. At the request of the district attorney any unexecuted warrant [shall] must be returned to the magistrate by whom it was issued and [shall] must be canceled by him.
2. The peace officer executing a warrant by issuance of a citation pursuant to subsection 2 of NRS 171.122 shall:
(a) Record on the warrant the number assigned to the citation issued thereon;
(b) Attach the warrant to the citation issued thereon; and
(c) Return the warrant and citation to the magistrate before whom the defendant is scheduled to appear.
3. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable.
[3.] 4. At the request of the district attorney made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to a peace officer for execution or service.
Sec. 3. NRS 171.177 is hereby amended to read as follows:
171.177 Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor, he [shall] must be taken without unnecessary delay before the proper magistrate, as specified in NRS 171.178 and 171.184, in the following cases:
1. When the person demands an immediate appearance before a magistrate;
2. When the person is detained pursuant to a warrant for his arrest;
3. When the person is arrested by a peace officer; or
4. In any other event when the person is issued a misdemeanor citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 171.1773.
________
κ1993 Statutes of Nevada, Page 145κ
Assembly Bill No. 307Assemblymen Haller, Anderson, Humke, Bennett, Bache, Chowning, Smith, Spitler, Gregory, Collins, Regan, Petrak, Segerblom, Carpenter, Neighbors, Augustine, Wendell Williams, Giunchigliani, Kenny, Toomin, Price, Evans and Dini
CHAPTER 89
AN ACT relating to crimes against property; reducing the amount of time in which a person must pay a check or draft refused by the drawee to avoid the presumption of intent to defraud; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.132 is hereby amended to read as follows:
205.132 1. In a criminal action for issuing a check or draft against insufficient or no funds with intent to defraud, that intent and the knowledge that the drawer has insufficient money, property or credit with the drawee is presumed to exist if:
(a) The instrument is drawn on a purported account which does not exist.
(b) Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within [10] 5 days after receiving notice of this fact from the drawee of the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
(c) Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of nondelivery.
2. If a complainant causes a criminal action to be commenced for issuing a check or draft with intent to defraud and refuses to testify in the action, he is presumed to have acted maliciously and without probable cause.
________
Senate Bill No. 63Committee on Human Resources and Facilities
CHAPTER 90
AN ACT relating to programs for the mentally ill; clarifying that the medical records of a patient may not be transferred in violation of applicable federal law; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.332 is hereby amended to read as follows:
433.332 1. If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the [other division facility or to the medical facility, the facility for the dependent or the physician.
κ1993 Statutes of Nevada, Page 146 (CHAPTER 90, SB 63)κ
transferred, to the [other division facility or to the medical facility, the facility for the dependent or the physician. The] facility or physician. Except as otherwise required by 42 U.S.C. §§ 290dd-3 and 290ee-3, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.
2. As used in this section, medical records includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.
________
Senate Bill No. 117Committee on Natural Resources
CHAPTER 91
AN ACT relating to the operation of watercraft; providing a person a choice of tests to determine whether he is operating a vessel while under the influence of alcohol or a controlled substance; requiring a person suspected of operating a vessel while under the influence of a controlled substance to submit to an evidentiary test; allowing a peace officer to use reasonable force to obtain a blood sample under certain circumstances; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.208 is hereby amended to read as follows:
488.208 1. [Any] Except as otherwise provided in subsections 5 and 6, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.
4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.
5. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
κ1993 Statutes of Nevada, Page 147 (CHAPTER 91, SB 117)κ
from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
6. Except as otherwise provided in subsection 9, if the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
7. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
8. Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.
9. Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:
(a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and
(b) The person thereby caused the death or substantial bodily harm of another,
the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
________
Senate Bill No. 227Committee on Judiciary
CHAPTER 92
AN ACT relating to claims against the state; establishing the venue for tort actions; requiring the related state agency to be named as a defendant; requiring service of process on the related state agency; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 13.020 is hereby amended to read as follows:
13.020 Actions for the following causes [shall] must be tried in the county where the cause, or some part thereof, arose, subject to the [like] power of the court to change the place of trial:
1. For the recovery of a penalty or forfeiture imposed by statute; except, that when it is imposed for an offense committed on a lake, river or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.
κ1993 Statutes of Nevada, Page 148 (CHAPTER 92, SB 227)κ
stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream, and opposite to the place where the offense was committed.
2. Against a public officer, or person especially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who, by his command, or in his aid, does anything touching the duties of [such] the officer.
3. Against the State of Nevada or any agency of the state for any tort action, except that any such tort action may also be brought in Carson City.
Sec. 2. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection [3] 4 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, of the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and subsection [3] 4 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this section [, in a court of competent jurisdiction of this state,] against the State of Nevada [, any agency of the state,] or any political subdivision of the state. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the state whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the [state or any agency of the state, the] State of Nevada , [must be named as defendant, and] the summons and a copy of the complaint must be served upon the secretary of state [. The] and the person serving in the office of administrative head of the named agency.
3. Upon receipt of such a complaint, the secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
[3.] 4. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
________
κ1993 Statutes of Nevada, Page 149κ
Senate Bill No. 279Senators ODonnell and James
CHAPTER 93
AN ACT relating to restitution; providing a civil lien until amount ordered by court is paid by criminal defendant; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.275 is hereby amended to read as follows:
176.275 A judgment which imposes a fine or administrative assessment or requires a defendant to pay restitution or repay the expenses of his defense constitutes a lien in like manner as a judgment for money rendered in a civil action.
Sec. 2. NRS 209.4843 is hereby amended to read as follows:
209.4843 Payments of restitution through the department must terminate:
1. When the offender is released from prison, except that the payments may be continued as a condition of parole; or
2. When the victim has received the full amount set by the court pursuant to NRS 176.033,
whichever occurs first.
________
Assembly Bill No. 189Assemblymen Carpenter, Marvel, Dini, Hettrick, de Braga, Collins, Neighbors, Regan and Humke
CHAPTER 94
AN ACT relating to hazardous substances; exempting from regulation the final use of anhydrous ammonia for agricultural purposes; exempting from regulation certain mining activities which are federally regulated; and providing other matters properly relating thereto.
[Approved April 29, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, do not apply to [any] :
1. Any hazardous substances transported within or through this state which are regulated by the state or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
κ1993 Statutes of Nevada, Page 150 (CHAPTER 94, AB 189)κ
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. §§ 7401 et seq.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 40Committee on Government Affairs
CHAPTER 95
AN ACT relating to counties; abolishing certain duties of the county treasurer; and providing other matters properly relating thereto.
[Approved May 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 249.110 is hereby amended to read as follows:
249.110 The county treasurer shall [:
1. At] at all times keep his books and office subject to the inspection and examination of the board of county commissioners.
[2. Exhibit the money in his office to the board of county commissioners at least once a year and as often as the board may require.]
Sec. 2. NRS 249.170 is hereby amended to read as follows:
249.170 The county treasurer shall [:
1. Annually make complete settlements with the board of county commissioners, at the regular September term thereof.
2. At] at the expiration of his term of office, deliver to his successor all public moneys, books and papers in his possession.
Sec. 3. NRS 249.160 is hereby repealed.
Sec. 4. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 151κ
Assembly Bill No. 60Committee on Judiciary
CHAPTER 96
AN ACT relating to obligations secured by real property; providing for the consequences of environmental impairment and the enforcement of environmental provisions; revising the limitations on the amount of which may be awarded as a deficiency judgment; and providing other matters properly relating thereto.
[Approved May 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 32 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the cases enumerated in NRS 32.010, a court or judge may appoint a receiver in an action brought by a secured lender to enforce the right provided in section 13 of this act, or a similar right provided in a mortgage, to enter and inspect real collateral to determine the existence, location, nature and magnitude of any past, present or threatened release or presence of a hazardous substance from, in, into or onto it. A right provided in a mortgage is subject to the same limitations and requirement of notice as are provided in section 13 of this act.
2. As used in this section, hazardous substance, release and secured lender have the meanings ascribed to them in sections 10, 11 and 12 of this act, respectively.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 40.430 is hereby amended to read as follows:
40.430 1. [There] Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of section 17 of this act, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of this section and NRS 40.433 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.
2. This section must be construed [in order] to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.
3. A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.
4. As used in this section, an action does not include any act or proceeding:
(a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt [.] or as provided in section 1 of this act.
κ1993 Statutes of Nevada, Page 152 (CHAPTER 96, AB 60)κ
(b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.
(c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the state which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.
(d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.545, or the recovery of any declaratory or equitable relief.
(e) For the exercise of a power of sale pursuant to NRS 107.080.
(f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.
(g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.
(h) To draw under a letter of credit.
(i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.
(j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.
(k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.
(l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.
(m) Which does not include the collection of the debt or realization of the collateral securing the debt.
(n) Pursuant to section 13 or 14 of this act.
(o) Which is exempted from the provisions of this section by specific statute.
[(o)] (p) To recover costs of suit, costs and expenses of sale, attorneys fees and other incidental relief in connection with any action authorized by this subsection.
Sec. 4. NRS 40.453 is hereby amended to read as follows:
40.453 Except as otherwise provided in NRS 40.495:
1. It is hereby declared by the legislature to be against public policy for any document relating to the sale of real property to contain any provision whereby a mortgagor or the grantor of a deed of trust or [, except as otherwise provided in NRS 40.495,] a guarantor or surety of the indebtedness secured thereby, waives any right secured to him by the laws of this state.
2. A court shall not enforce any such provision.
Sec. 5. NRS 40.459 is hereby amended to read as follows:
40.459 After the hearing, the court shall award a money judgment against the debtor, guarantor or surety who is personally liable for the debt. The court shall now render judgment for more than:
κ1993 Statutes of Nevada, Page 153 (CHAPTER 96, AB 60)κ
1. The amount by which the amount of the indebtedness which was secured exceeds the fair market value of the property sold at the time of the sale, with interest from the date of the sale; or
2. The amount which is the difference between the amount for which the property was actually sold and the amount of the indebtedness which was secured, with interest from the date of sale,
whichever is the lesser amount.
Sec. 6. Chapter 106 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 17, inclusive, of this act.
Sec. 7. As used in sections 7 to 17, inclusive, of this act, the words and terms defined in sections 8 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Real collateral is environmentally impaired if the estimated costs to clean up and remedy a past, present or threatened release of any hazardous substance from, in, into or onto it exceeds 10 percent of the total indebtedness owed to the secured lender secured by the collateral.
Sec. 9. Environmental provision means any written representation, warranty, indemnity, promise or covenant relating to the existence, location, nature, use, generation, manufacture, storage, disposal, handling, or past, present, future or threatened release of any hazardous substance from, in, into or onto real collateral, or to past, present or future compliance with any law relating thereto, made by a debtor in conjunction with the making, renewal or modification of a loan, extension of credit, guaranty or other obligation involving the debtor, whether or not the representation, warranty, indemnity, promise or covenant is or was contained in or secured by the mortgage and whether or not the mortgage has been discharged, reconveyed or foreclosed upon.
Sec. 10. Hazardous substance means:
1. An element, compound, mixture, solution, material or substance whose use, possession, transportation, storage, release, discharge or disposal is regulated pursuant to chapter 444, 445, 459, 477, 590 or 618 of NRS or the Uniform Fire Code (1988 edition);
2. An element, compound, mixture, solution, material or substance designated as a hazardous substance pursuant to 42 U.S.C. § 9602 and an element, compound, mixture, solution, material or substance described in 42 U.S.C. § 9601(14);
3. An element, compound, mixture, solution, material or substance listed as a hazardous waste in, or having the characteristics identified in, 42 U.S.C. § 6921 on January 1, 1993, except any waste for which regulation under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901, et seq.) has been suspended by an act of Congress; and
4. Petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic oil, synthetic gas useable for fuel or any mixture thereof.
Sec. 11. Release means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching, dumping or disposing of a hazardous substance into the environment, including continuing migration into or through the soil, surface water or ground water.
κ1993 Statutes of Nevada, Page 154 (CHAPTER 96, AB 60)κ
Sec. 12. Secured lender means the holder of an obligation secured by a mortgage.
Sec. 13. 1. A secured lender may enter and inspect real collateral for the purpose of determining the existence, location, nature and magnitude of any past, present or threatened release or presence of a hazardous substance from, in, into or onto it:
(a) Upon reasonable belief of the existence of a past, present or threatened release or the presence of any hazardous substance from, in, into or onto it not previously disclosed in writing to him in conjunction with the making, renewal or modification of a loan, extension of credit, guaranty or other obligation involving the debtor; or
(b) After the commencement of a trustees sale or judicial foreclosure proceedings against the real collateral.
2. A secured lender shall not abuse the right of entry and inspection or use it to harass the debtor or tenant of the property. Except in case of an emergency, when the debtor or tenant of the property has abandoned the premises, or if it is impracticable to do so, a secured lender shall give the debtor or tenant of the property reasonable notice of intent to enter, and enter only during the debtors or tenants normal business hours. Twenty-four hours notice is presumed to be reasonable in the absence of evidence to the contrary.
3. If a secured lender is refused the right of entry and inspection by the debtor or tenant of the property, or is otherwise unable to enter and inspect the property without a breach of the peace, he may, upon petition, obtain an order from a court of competent jurisdiction to exercise his rights under subsection 1.
Sec. 14. A secured lender may bring a separate action for a breach of an environmental provision, to recover damages for the breach or for the enforcement of an environmental provision.
Sec. 15. 1. Unless the environmental provision expressly permits a different or greater recovery or subsection 2 permits the addition of interest, the damages recoverable by a secured lender in an action pursuant to section 14 of this act are limited to the sum of reimbursement or indemnification for:
(a) If he acted pursuant to an order of any federal, state or local governmental agency relating to the cleaning up, remedying or other responsive action required by applicable law which is anticipated by the environmental provision, all amounts reasonably advanced in good faith by him in connection therewith;
(b) If he did not act pursuant to such an order, those costs relating to a reasonable cleaning up, remedying or other responsive action concerning hazardous substances, performed in good faith, which is anticipated by the environmental provision;
(c) All liabilities of the secured lender to any third party relating to the breach, unless the secured lender had actual knowledge of the environmental condition which is the basis of the claim for indemnification before entering into the transaction in which the environmental provision was given; and
(d) Costs, attorneys fees and other incidental relief.
2. If the parties have so agreed, the lender may recover interest on the amount advanced by him to cure or mitigate the breach.
κ1993 Statutes of Nevada, Page 155 (CHAPTER 96, AB 60)κ
Sec. 16. Sections 13 and 14 of this act do not apply if the real collateral is a unit put to residential use in a common-interest community or is real property upon which:
1. The owner maintains his principal residence;
2. There is not more than one residential structure; and
3. Not more than four families reside.
Sec. 17. 1. If real collateral is environmentally impaired and the debtors obligation is in default, a secured lender may:
(a) Waive his lien as to all of the real collateral and proceed as an unsecured creditor, including reduction of his claim against the debtor to judgment and any other rights and remedies permitted by law; or
(b) Waive his lien in accordance with paragraph (a) as to that part of the real collateral which is environmentally impaired and proceed against the unimpaired real collateral.
2. To waive his lien against all or part of the environmentally impaired real collateral, the secured lender must, before commencement of any action, record with the county recorder of the county where the real collateral is located a notice of intent to waive the lien and mail a copy thereof, by registered or certified mail, return receipt requested, with postage prepaid, to the debtor, to the person who holds the title of record on the date of the notice, and to those persons with an interest, as defined in NRS 107.090, whose interest or claimed interest is subordinate to the secured lenders lien, at their respective addresses, if known, otherwise to the address of the real collateral. In the case of a partial waiver the notice of intent to waive may be contained in a notice of default and election to sell. The notice of intent to waive must contain:
(a) A legal description of the environmentally impaired real collateral;
(b) A statement that the secured lender intends to proceed against the debtor under the applicable paragraph of subsection 1; and
(c) If the secured lender is proceeding under paragraph (b) of subsection 1, a statement that he will proceed against the unimpaired property, which may result in a judgment for deficiency against the debtor as a result of diminution in value of the collateral because of the exclusion of the environmentally impaired portion.
3. A secured lender may not waive his lien as a result of any environmental impairment if he had actual knowledge of the environmental impairment at the time the lien was created. In determining whether a secured lender had such knowledge, the report of any person legally entitled to prepare the report with respect to the existence or absence of any environmental impairment is prima facie evidence of the existence or absence, as the case may be, of any environmental impairment.
4. A waiver made by a secured lender pursuant to this section is not final or conclusive until a final judgment, as defined in subsection 4 of NRS 40.435, has been obtained.
κ1993 Statutes of Nevada, Page 156 (CHAPTER 96, AB 60)κ
40.435, has been obtained. If the waiver covers the full extent of the collateral, the lender shall immediately thereafter cause his lien to be released by recording the waiver in the same manner as the lien was recorded.
Sec. 18. This act becomes effective upon passage and approval and applies to all proceedings on or after that date whether an environmental provision was made, or a secured indebtedness was incurred, before or after that date.
________
Assembly Bill No. 156Committee on Transportation
CHAPTER 97
AN ACT relating to vehicles; authorizing the department of motor vehicles and public safety to issue a temporary permit to operate an unregistered vehicle to a short-term lessor of the vehicle; and providing other matters properly relating thereto.
[Approved May 5, 1993]
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:
1. A short-term lessor may apply to the department for a temporary permit to operate a vehicle which:
(a) Is not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive; and
(b) Is not currently registered in this state, another state or a foreign country.
2. The department may, by regulation, establish a reasonable fee for such a permit. When a short-term lessor who has received a temporary permit issued pursuant to this section applies to register the vehicle, the department shall credit against the amount otherwise due the amount paid by the short-term lessor for the temporary permit.
3. A permit must:
(a) Bear the date of its expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;
(b) Expire at 5 p.m. on the 20th day after its date of issuance;
(c) Be affixed to the vehicle in the manner prescribed by the department; and
(d) Be removed and destroyed upon its expiration or the issuance of a certificate of registration for the vehicle, whichever occurs first.
Sec. 2. NRS 482.545 is hereby amended to read as follows:
482.545 It is unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420 [.]
κ1993 Statutes of Nevada, Page 157 (CHAPTER 97, AB 156)κ
NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420 [.] and section 1 of this act.
2. To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.
3. To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.
4. To fail or to refuse to surrender to the department, upon demand, any registration card or plate which has been suspended, canceled or revoked as provided in this chapter.
5. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in an application. A violation of this subsection is a gross misdemeanor.
6. Knowingly to operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration.
Sec. 3. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 shall be fined not less than $300 nor more than $1,000.
3. A person may not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 if he presents evidence to the court that the security required by NRS 485.185 was not in effect at the time demand was made for it.
4. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 or section 1 of this act authorizing the movement or operation of that vehicle within the state for a limited time.
________
κ1993 Statutes of Nevada, Page 158κ
Senate Bill No. 130Committee on Natural Resources
CHAPTER 98
AN ACT relating to state land; removing obsolete reference to legislative authorization; removing redundant requirement for compliance with otherwise applicable statute; and providing other matters properly relating thereto.
[Approved May 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.003 is hereby amended to read as follows:
321.003 1. The state land registrar shall assign any land or interest in land owned by the state which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the state land registrar, in a form prescribed by him, and shall not proceed with the construction or improvement until the state land registrar certifies the nature of and any encumbrances against the states title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.
2. [If authorized by the legislature to lease or sell land or any interest therein,] Except as otherwise provided by specific statute, any lease or sale of land, or of any interest in land, by the division of state lands [shall:
(a) Comply with the provisions of NRS 321.005; and
(b) Lease or sell the land or any interest therein] must be made upon the best terms available.
3. The state land registrar shall execute on behalf of the state any lease, deed or other document by which any land or interest therein owned by the state is conveyed.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 289Committee on Finance
CHAPTER 99
AN ACT relating to state financial administration; correcting a statutory reference to require that certain fees be deposited in the state highway fund; and providing other matters properly relating thereto.
[Approved May 5, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 459.710 is hereby amended to read as follows:
459.710 1. The director shall adopt regulations providing for the:
(a) Granting, renewal, modification, suspension, revocation and denial of permits for motor vehicles which transport hazardous materials.
κ1993 Statutes of Nevada, Page 159 (CHAPTER 99, SB 289)κ
(b) Inspection of motor vehicles which transport hazardous materials on the highways of this state.
(c) Identification and listing of hazardous materials.
2. The regulations adopted pursuant to subsection 1 must include provisions for fees to pay the cost of inspection, issuing a permit and other regulation. All such fees adopted must be set to approximate the cost of providing the service for which the fee is charged. Except as otherwise provided in subsection 3, money received by the division from the fees must be deposited with the state treasurer for credit to the state [general] highway fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. Money received pursuant to this section must only be used for carrying out the provisions of NRS 459.700 to 459.725, inclusive.
3. The division shall deposit 20 percent of the money collected from fees imposed pursuant to this section with the state treasurer for credit to the contingency account for hazardous materials.
4. The division shall issue an identifying device to each motor vehicle transporting hazardous materials upon receipt of the appropriate application and fee and the satisfactory completion of the inspection for safety.
Sec. 2. This act becomes effective upon passage and approval and applies retroactively to July 1, 1991.
________
Senate Bill No. 50Senator Smith
CHAPTER 100
AN ACT relating to water districts; creating the Virgin Valley Water District in Clark County, Nevada; providing for the storage, conservation, distribution and sale of water within and outside of the district; authorizing the district to purchase, acquire and construct the facilities necessary to serve water to consumers within the district; authorizing the issuance of general obligation and revenue bonds; providing the power to tax; amending the boundaries of the Las Vegas Valley water district; and providing other matters properly relating thereto.
[Approved May 10, 1993]
whereas, Adequate and efficient water service is vital to the economy and well-being of the residents of Virgin Valley area; and
whereas, Virgin Valley is remote from the county seat of Clark County, thus dictating that indispensable activities such as water service be administered by a governmental entity created for the residents of Virgin Valley; and
whereas, Those portions of Virgin Valley described in this act could best be served water through a single governmental entity succeeding the current purveyor, Mesquite Farmstead Water Association; now, therefore, THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
κ1993 Statutes of Nevada, Page 160 (CHAPTER 100, SB 50)κ
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby created a political subdivision of this state to be known as the Virgin Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
The S 1/2 of section 12, section 13, the S 1/2 of section 14, those portions of sections 23 and 24 north of the centerline of the Virgin River, that portion of section 25 south of the Bunkerville Ditch and east of the intersection of Riverside Road and Virgin Street, Township 13 South, Range 70 East, M.D.B. & M., sections 3, 4, 5, 7, 8, 9, 10, 15, 16, 17 and 18, those portions of section 19 north of the centerline of the Virgin River and south of the Bunkerville Ditch, sections 20, 21, 22 and 30, Township 13 South, Range 71 East, M.D.B. & M.
Sec. 2. As used in sections 1 to 15, inclusive, of this act, unless the context otherwise requires:
1. Board means the governing board of the district.
2. District means the Virgin Valley Water District.
3. Service area means the service area of the district described in section 1 of this act.
Sec. 3. The district has the following powers:
1. To have perpetual succession.
2. To sue and be sued in the name of the district in all courts or tribunals of competent jurisdiction.
3. To adopt a seal and alter it at the districts pleasure.
4. To enter into contracts, and employ and fix the compensation of staff and professional advisers.
5. To incur indebtedness pursuant to chapter 271 of NRS, issue bonds pursuant to chapter 350 of NRS and provide for short-term financing pursuant to chapter 354 of NRS in order to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, waters, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and to otherwise carry out the powers set forth in this section. For the purposes of NRS 350.572, sections 1 to 15, inclusive, of this act do not expressly or impliedly require an election before the issuance of a security or indebtedness pursuant to NRS 350.500 to 350.572, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.
6. To acquire, by purchase, grant, gift, devise, lease, construction, contract or otherwise, lands, rights of way, easements, privileges, waters and water rights, and property of every kind, whether real or personal, to construct, maintain and operate, within or without the district, any and all works and improvements necessary or proper to carry out any of the objects or purposes of sections 1 to 15, inclusive, of this act, and to complete, extend, add to, repair or otherwise improve any works or improvements or property acquired by it as authorized by sections 1 to 15, inclusive, of this act.
κ1993 Statutes of Nevada, Page 161 (CHAPTER 100, SB 50)κ
7. To sell, lease, encumber, hypothecate or otherwise dispose of property, whether real or personal, including waters and water rights, as is necessary or convenient to the full exercise of the districts powers.
8. To adopt ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the board and district.
9. Except as otherwise provided in this subsection, to exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the district, to take any property, including, without limitation, the property specified in subsections 6 and 15, necessary or convenient for the exercise of the powers of the district or for the provision of adequate water service to the service area. The district shall not exercise the power of eminent domain to acquire the water rights or waterworks facilities of any nonprofit purveyor delivering water for domestic use whose service area is adjacent to the district without first obtaining the consent of the purveyor.
10. To enter upon any land, to make surveys and locate any necessary improvements, including, without limitation, lines for channels, conduits, canals, pipelines, roadways, and other rights of way, to acquire property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of such improvements, including works constructed and being constructed by private owners, lands for reservoirs for the storage of necessary water, and all necessary appurtenances, and, where necessary and for the purposes and uses set forth in this section, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions or other rights.
11. To enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county or district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which may be lawfully acquired or owned by the district.
12. To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district, and to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit of the district.
13. To enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or natural person, or any number of them, for the transfer or delivery to any district, corporation, association, firm or natural person of any water right or water pumped, stored, appropriated or otherwise acquired or secured for the use of the district, or for the purpose of exchanging the water or water right for other water, water right or water supply to be delivered to the district by the other party to the agreement.
14. To cooperate and act in conjunction with, the State of Nevada or any of its engineers, officers, boards, commissions, departments or agencies, with the government of the United States or any of its engineers, officers, boards, commissions, department or agencies, or with any public or private corporation, to construct any work for the development, importation or distribution of water of the district, for the protection of life or property therein, or for the conservation of its waters for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.
κ1993 Statutes of Nevada, Page 162 (CHAPTER 100, SB 50)κ
of water of the district, for the protection of life or property therein, or for the conservation of its waters for beneficial use within the district, or to carry out any other works, acts or purposes provided for in sections 1 to 15, inclusive, of this act, and to adopt and carry out any definite plan or system of work for any of the purposes described in sections 1 to 15, inclusive, of this act.
15. To store water in surface or underground reservoirs within or without the district for the common benefit of the district, to conserve and reclaim water for present and future use within the district, to appropriate and acquire water and water rights and import water into the district for any useful purpose to the district, and to commence, maintain, intervene in and compromise in the name of the district, or otherwise, and assume the costs and expenses of any action or proceeding involving or affecting:
(a) The ownership or use of waters or water rights with or without the district used or useful for any purpose of the district or of common benefit to any land situated therein;
(b) The wasteful use of water within the district;
(c) The interference with or diminution of waters or water rights within the district;
(d) The contamination or pollution of the surface or subsurface water used in the district or any other act that otherwise renders such water unfit for beneficial use; and
(e) The interference with these waters that may endanger or damage the residents, lands or use of water in the district.
16. To sell and distribute water under the control of the district, without preference, to any natural person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve customers within the service area.
17. To cause taxes to be levied and collected for the purposes prescribed in sections 1 to 15, inclusive, of this act, including the payment of any obligation of the district during its organizational state and thereafter, and necessary engineering costs, and to assist in the operational expenses of the district, until such taxes are no longer required.
18. To supplement the surface and ground-water resources of Virgin Valley by the importation and use of waters from other sources for industrial, irrigation, municipal and domestic uses.
19. To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time through the adoption of ordinances, rules or regulations and the imposition of fines for violations of those ordinances, rules and regulations.
20. To annex area into the district in the manner prescribed for cities in chapter 268 of NRS, except that any area within the service area of the Bunkerville Water Users Association must be annexed pursuant to the provisions of section 10 of this act.
21. To supply water under contract, agreement or in any other manner, to the United States or any department or agency thereof, the State of Nevada, Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.
κ1993 Statutes of Nevada, Page 163 (CHAPTER 100, SB 50)κ
Clark County, Nevada, and any city, town, corporation, association, partnership or natural person situated in Clark County, Nevada, and to deliver water to those users in Mohave County, Arizona, who are located in the Virgin Valley in accordance with the provisions of NRS 533.515 and 533.520, for an appropriate charge, consideration or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.
22. To create assessment districts in order to extend mains, improve distribution systems and acquire presently operating private water companies and mutual water distribution systems.
23. To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the district.
24. To assume the obligations of the Mesquite Farmstead Water Association, a nonprofit corporation, in providing water service to users in the districts service area and in its certificated service area in Mohave County, Arizona, pursuant to the certificate of public convenience and necessity granted to the Mesquite Farmstead Water Association by the State of Arizona.
25. To conduct business in Mohave County, Arizona, upon qualifying to do so pursuant to the laws of that state.
26. To do all acts and things reasonably implied from and necessary for the full exercise of all powers of the district granted by sections 1 to 15, inclusive, of this act.
Sec. 4. 1. All powers, duties and privileges of the Virgin Valley Water District must be exercised and performed by the governing board of the district.
2. Except as otherwise provided in this section and section 5 of this act, the board consists of five members selected as follows:
(a) One member appointed by the mayor of the City of Mesquite with the approval of the city council of that city.
(b) Four members elected from within the service area of the district as prescribed in section 7 of this act.
3. The first board consists of the members of the governing board of the Mesquite Farmstead Water Association sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the district until the appointment and election of their successors in conjunction with the Clark County general election in 1994.
4. Except for members of the first board and appointed members, members of the board must be elected at a general district election held in conjunction with the general election of Clark County in 1994 and with each such general election every 2 years thereafter. Two of the members elected in 1994, who must be chosen by lot, serve terms of 4 years and the remaining members elected in 1994, serve terms of 2 years. The appointed member serves a term of 2 years.
Sec. 5. 1. Except as otherwise provided in this section, if the service area of the Bunkerville Water Users Association is annexed into the district pursuant to section 10 of this act, the governing board of the district consists of five members selected as follows:
κ1993 Statutes of Nevada, Page 164 (CHAPTER 100, SB 50)κ
pursuant to section 10 of this act, the governing board of the district consists of five members selected as follows:
(a) One member appointed by the mayor of the City of Mesquite with the approval of the city council of that city.
(b) One member appointed by the governing body of the town of Bunkerville, who must reside in the geographical area of the district located south of the Virgin River. If the town of Bunkerville is annexed into the City of Mesquite, this member must be appointed pursuant to paragraph (a), subject to the residency requirement set forth in this paragraph.
(c) Three members elected from the service area of the district, one of whom must reside in the geographical area of the district located south of the Virgin River.
2. At the completion of the annexation of the service area of the Bunkerville Water Users Association:
(a) The governing body of the town of Bunkerville shall appoint one additional member to the board; and
(b) The governing board of the district shall appoint one additional member to the board.
3. The additional members appointed to the board pursuant to subsection 2:
(a) Must reside in the geographical area of the district located south of the Virgin River.
(b) Must immediately qualify for their offices and hold office until their successors are appointed or elected in conjunction with the next Clark County general election.
4. The member elected at the next general election who is required to reside in the geographical area of the district located south of the Virgin River and one other elected member, who must be chosen by lot, serve terms of 4 years and the remaining elected member serves a term of 2 years. The appointed members serve terms of 2 years.
5. The terms of office of the members of the governing board who are incumbent upon the completion of the annexation of the service area of the Bunkerville Water Users Association expire on the date their successors are elected or appointed pursuant to this section.
Sec. 6. 1. The board may establish and adjust various election areas within the district. Such election areas must be established to assure, as nearly as practicable, equal representation upon the board for all residents of the district.
2. If the service area of the Bunkerville Water Users Association is annexed into the district, the board:
(a) May divide the geographical area of the district located south of the Virgin River into two or more election areas.
(b) Shall not include that geographical area in any other election area.
Sec. 7. 1. Except as otherwise provided in this section and sections 4 and 5 of this act, each member of the board must:
(a) Reside in the district for at least 6 months before his appointment or the election at which the member is elected;
(b) Be a qualified elector of the district;
κ1993 Statutes of Nevada, Page 165 (CHAPTER 100, SB 50)κ
(c) If he is elected to office, be elected by a plurality of the qualified electors of the district; and
(d) Take office upon qualification therefor as provided in subsection 3, or on the first Monday in January next following the members election or appointment, whichever is later, and leave office upon the first Monday in January next following the election or appointment of the members successor in office.
2. If the board establishes various election areas within the district, each member who is elected to the board must:
(a) Reside in the election area represented for at least 6 months before the election at which the member is elected;
(b) Be a qualified elector of the election area represented;
(c) Be elected by a plurality of the qualified electors of the election area represented; and
(d) Take office in the manner prescribed in paragraph (d) of subsection 1.
3. Before taking office, each member of the board must qualify by filing with the clerk of Clark County:
(a) An oath of office taken and subscribed in the manner prescribed by the clerk; and
(b) A corporate surety bond, at the expense of the district, in an amount determined by the clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.
4. A vacancy in the office of a member who is elected to the board must be filled by appointment of the remaining members of the board. The person so appointed must be a resident and elector of the district, or if the board has established various election areas, the election area represented, and, before taking office, qualify in the manner prescribed in subsection 3. The person shall serve the remainder of the term of the member whose absence required his appointment. If the board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the board of county commissioners of Clark County shall fill the vacancy.
5. A vacancy in the office of a member who is appointed to the board must be filled by appointment of the governing body who made the previous appointment. The person so appointed must be a resident and elector of the district and, before taking office, qualify in the manner prescribed in subsection 3. The person shall serve the remainder of the term of the member whose absence required his appointment.
Sec. 8. 1. Unless otherwise required for purposes of an election to incur an indebtedness, the registrar of voters of Clark County shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of this state, including, but not limited to, laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.
2. At least 90 days before the election, the registrar of voters of Clark County shall publish notice of the election. Each candidate for election to the board must file a declaration of candidacy with the registrar of voters at least 60 days before the election. Timely filing of such declaration is a prerequisite to election.
κ1993 Statutes of Nevada, Page 166 (CHAPTER 100, SB 50)κ
3. If the board establishes various election areas within the district and there are two or more seats upon the board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.
4. If a member of the board is unopposed in seeking reelection, the board may declare that member elected without a formal election, but that member may not participate in the declaration.
5. If no person files candidacy for election to a particular seat upon the board, the seat must be filled in the manner provided in subsection 4 of section 7 of this act for filling a vacancy.
Sec. 9. 1. The board shall:
(a) Choose one of its members to be the chairman of the board and president of the district, and prescribe the term of that office and the powers and duties thereof.
(b) Fix the time and place at which its regular meetings will be held and provide for the calling and conduct of special meetings.
(c) Fix the location of the principal place of business of the district.
(d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.
(e) Appoint a general manager who must not be a member of the board.
(f) Delegate and redelegate to officers of the district the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
(g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the money and property of the district.
(h) Take all actions and do all things reasonably and lawfully necessary in order to conduct the business of the district and achieve the purposes of this act.
2. A simple majority of the members of the board constitutes a quorum. The vote of a simple majority of the quorum is required in order to take action.
3. Members of the board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the board, for attendance at meetings and conduct of other district business.
Sec. 10. 1. The service area of the Bunkerville Water Users Association, a nonprofit corporation with its principal office in Clark County, Nevada, may be annexed into the district as follows:
(a) A majority of the members of the governing board of the association must adopt a resolution requesting the annexation. The resolution must be filed with the governing board of the district and must be accompanied by a description of the indebtedness of the association, including the amount of that indebtedness.
(b) A majority of the members of the governing board of the district must approve the request.
(c) The association must take action in accordance with applicable law to dissolve the association and transfer its assets and liabilities to the district.
κ1993 Statutes of Nevada, Page 167 (CHAPTER 100, SB 50)κ
2. The officers of the Bunkerville Water Users Association, after its dissolution, have limited authority to wind up the affairs of the association and execute papers and documents necessary to accomplish the transfer of assets to the district.
3. The transfer of liabilities under this section does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.
Sec. 11. 1. The board may levy and collect general ad valorem taxes on all taxable property within the district, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Clark County in the manner prescribed in this section.
2. The board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the district. The board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the district, will produce an amount, when combined with other revenues of the district, sufficient to pay, when due, all principal of and interest on general obligations of the district and any defaults or deficiencies relating thereto.
3. In accordance with and in the same manner required by the law applicable to incorporated cities, the board shall certify to the board of county commissioners of Clark County the rate of levy fixed pursuant to subsection 2. The board shall instruct the county to levy a tax upon all taxable property in the district in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.
4. The proper officer or authority of Clark County, upon behalf of the district, shall levy and collect the district tax specified in subsection 3. Such a tax must be collected in the same manner, including interest and penalties, as other taxes collected by the county. When collected, the tax must be paid to the district in monthly installments for deposit in the appropriate district depository.
5. If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the district in accordance with the law applicable to tax sales and redemptions.
Sec. 12. The district is exempt from regulation by the public service commission of Nevada.
Sec. 13. 1. All assets of the Mesquite Farmstead Water Association, including, but not limited to, any lands, buildings, easements, water rights, waters, waterworks, conduits, pipelines reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the association, become the property of the Virgin Valley Water District on the effective date of this act. The officers of the Mesquite Farmstead Water Association, after its dissolution, have limited authority to wind up the affairs of the company and execute papers and documents necessary to accomplish the transfer of assets to the Virgin Valley Water District.
2. All liabilities of the Mesquite Farmstead Water Association, including, but not limited to, any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the association, become the liabilities of the Virgin Valley Water District on the effective date of this act.
κ1993 Statutes of Nevada, Page 168 (CHAPTER 100, SB 50)κ
association, become the liabilities of the Virgin Valley Water District on the effective date of this act. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.
Sec. 14. For the purposes of NRS 349.983, the Virgin Valley Water District shall be deemed to be in operation and publicly owned on July 3, 1991.
Sec. 15. If any provision of sections 1 to 14, inclusive, of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of sections 1 to 14, inclusive, of this act that can be given effect without the invalid provision or application, and to this end the provisions of sections 1 to 14, inclusive, of this act are declared to be severable.
Sec. 16. Section 23 of chapter 167, Statutes of Nevada 1947, as added by chapter 130, Statutes of Nevada 1949, and as last amended by chapter 752, Statutes of Nevada, 1989, at page 1775, is hereby amended to read as follows:
Sec. 23. 1. The Las Vegas Valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, a governmental subdivision of the State of Nevada, a body corporate and politic, and a quasi-municipal corporation. The district is hereby authorized to carry out all of the powers imposed on it by the provisions of chapter 167, Statutes of Nevada 1947, as it now exists or as it may hereafter be amended. The district is comprised of the area of the county of Clark as set forth in NRS 243.035 [.] , except for all that real property described in section 1 of this act.
Sec. 17. This act becomes effective upon the later of the following dates:
1. July 1, 1993; or
2. The date upon which the members of the Mesquite Farmstead Water Association, a nonprofit corporation with its principal office in Clark County, Nevada, take action in accordance with applicable law to dissolve the corporation and transfer its assets and liabilities to the Virgin Valley Water District created by this act.
________
κ1993 Statutes of Nevada, Page 169κ
Assembly Bill No. 154Assemblymen Smith, Petrak, Bache, Freeman, Collins, Garner, Gibbons, Ernaut, Augustine, Perkins, Hettrick, Toomin, Wendell Williams, Kenny, Gregory, Bonaventura, Regan, Anderson, Haller, Carpenter, Porter, de Braga, Segerblom, Neighbors, Bennett, Arberry, Evans, Myrna Williams, Chowning, Lambert, Spitler, Heller, Marvel, Giunchigliani, Dini, Sader, McGaughey, Humke, Price and Scherer
CHAPTER 101
AN ACT relating to the transportation of pupils; requiring school buses to be equipped with mechanical devices that require persons to walk at a certain distance in front of the buses; and providing other matters properly relating thereto.
[Approved May 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.410 is hereby amended to read as follows:
392.410 1. [Every] Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with [a] :
(a) A system of flashing red lights of a type approved by the state board, and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:
[(a)] (1) When the bus is stopped to unload pupils.
[(b)] (2) When the bus is stopped to load pupils.
[(c)] (3) In times of emergency or accident [.] , when appropriate.
(b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the state board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the state board.
2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:
(a) Has been designated by a school district and approved by the department;
(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;
(c) Is not within an intersection of roadways;
(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;
κ1993 Statutes of Nevada, Page 170 (CHAPTER 101, AB 154)κ
(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and
(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.
3. In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must be equipped and identified as required by the regulations of the state board.
4. The agents and employees of the department of motor vehicles and public safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.
5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the department of motor vehicles and public safety, he is guilty of a misdemeanor, and upon conviction must be removed from office.
6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 171Committee on Government Affairs
CHAPTER 102
AN ACT relating to public records; requiring the state librarian to adopt regulations to carry out a program to establish and approve minimum periods of retention for records of local governments; and providing other matters properly relating thereto.
[Approved May 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.125 is hereby amended to read as follows:
239.125 1. A local governmental entity may establish a [records management program, including the adoption of record retention schedules and microfilming procedures which shall] program for the management of records, including the adoption of schedules for the retention of records and procedures for microfilming, which must be approved by the governing body and comply with the applicable [law.] provisions of this chapter and any regulations adopted pursuant thereto.
2. The state librarian shall adopt regulations [providing for categories of old records and minimum retention periods for local government records.] to carry out a program to establish and approve minimum periods of retention for records of local governments.
κ1993 Statutes of Nevada, Page 171 (CHAPTER 102, SB 171)κ
for records of local governments. The proposed regulations or any amendment thereto [shall] must be submitted to the local government advisory committee, established pursuant to NRS 354.594, for its advice and recommendations.
________
Senate Bill No. 109Committee on Government Affairs
CHAPTER 103
AN ACT relating to the secretary of state; limiting the use of the revolving account; eliminating duplicative language regarding the investment of the money in the trust account for advance fees; and providing other matters properly relating thereto.
[Approved May 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 225.160 is hereby amended to read as follows:
225.160 1. There is hereby created a revolving account for the office of secretary of state in the sum of $1,500, which [must] may be used for refunds of revenue requiring immediate payment and for no other purposes.
2. The secretary of state shall deposit the money in the revolving account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.
3. The secretary of state or his designee may sign all checks drawn upon the revolving account.
4. Payments made from the revolving account must be promptly reimbursed from the appropriate revenue in the state general fund collected by the secretary of state and the claim for reimbursement must be processed and paid as other claims against the state are paid.
Sec. 2. NRS 225.165 is hereby amended to read as follows:
225.165 1. The secretary of state may establish a trust account, designated the secretary of states trust account for advance fees, with the state treasurer in which persons who require the services of the secretary of state may deposit advance fees for payment of those services. Unless the appropriate fee accompanies the request for service, upon providing the service, the secretary of state shall cause the account to be debited.
2. The secretary of state shall prescribe, by regulation, the services for which advance fees may be deposited with the state treasurer are paid for upon providing the service. The state treasurer, upon consultation with the secretary of state and the state controller, shall prescribe the procedure for the deposit and withdrawal of money from the trust account.
κ1993 Statutes of Nevada, Page 172 (CHAPTER 103, SB 109)κ
[3. The money in the trust account must be invested as other state funds are invested. Any interest earned on the deposits or investments of the money in the trust account must be credited to the state general fund.]
Sec. 3. This act becomes effective on July 1, 1993.
________
Senate Bill No. 53Committee on Government Affairs
CHAPTER 104
AN ACT relating to state financial administration; requiring certain state officers, departments and commissions to deposit money directly in a financial institution designated by the state treasurer; changing the day on which weekly deposits of that money must be made; and providing other matters properly relating thereto.
[Approved May 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.250 is hereby amended to read as follows:
353.250 1. The state treasurer shall designate the financial institutions into which money received by a state officer, department or commission must be deposited.
2. Except as otherwise provided in [this subsection ,] subsections 3 and 4, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit [with the state treasurer on Monday] on Thursday of each week, [either at the state treasurers office or] in a financial institution designated by the state treasurer to the credit of the state treasurers [bank] account, all money received by [such] that officer, department or commission during the previous week . [, together with a complete itemized statement covering all financial transactions during the week, except that]
3. Except as otherwise provided in subsection 4, if on any day when the money accumulated for deposit is $10,000 or more, a deposit must be made not later than the next working day.
4. If the department of wildlife accumulates for deposit $10,000 or more on any day, the money must be deposited within 10 working days.
[2.] 5. Every officer, department or commission [making a deposit to the credit of the state treasurers bank account pursuant to subsection 1 shall notify the office of the state treasurer by telephone at the time of deposit.
3.] which is required to deposit money with the state treasurer shall comply with that requirement by depositing the money in a financial institution designated by the state treasurer to the credit of the state treasurers account.
6. Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.
κ1993 Statutes of Nevada, Page 173 (CHAPTER 104, SB 53)κ
7. As used in this section, financial institution means a bank, savings and loan association, thrift company or credit union regulated pursuant to Title 55 or 56 of NRS.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 91Assemblymen Myrna Williams, Dini, Spitler, Evans, Marvel, Humke, Chowning, Giunchigliani, Heller, Tiffany, Price, Hettrick, Ernaut, Garner, Anderson, Arberry, Bonaventura, Regan, de Braga, Perkins, Augustine, Petrak, Smith, Collins, Wendell Williams, Neighbors, Segerblom, Scherer, Porter, Bennett, Sader and Lambert
CHAPTER 105
AN ACT relating to life insurance; requiring the delivery of notice to the named insured of the purchase of or increase in coverage under certain circumstances; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.080 is hereby amended to read as follows:
687B.080 [No]
1. Except as otherwise provided in subsection 2, no life or health insurance contract upon [an individual,] a person, except a contract of group life insurance or of group or blanket health insurance, [shall] may be made or effectuated unless at the time of the making of the contract the [individual] person insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing . [, except in the following cases:
1.] 2. The following persons may enter into a contract for life or health insurance upon another person without the insureds written consent:
(a) A spouse may effectuate such insurance upon the other spouse.
[2.] (b) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to [such minor.
3.] the minor.
(c) Family policies may be issued insuring any two or more members of a family on an application signed by either parent, a stepparent, a guardian, or by a husband or wife.
3. An insurer who receives:
(a) An application in accordance with subsection 2 for a contract for insurance upon the life of another; or
(b) A request to increase the existing coverage upon the life of an insured by a person other than the insured, shall, unless the application or request relates to a contract of group life insurance or of group or blanket health insurance, cause notice of the application or request to be mailed to the insured at his home or business within 48 hours after receiving the application or request.
κ1993 Statutes of Nevada, Page 174 (CHAPTER 105, AB 91)κ
shall, unless the application or request relates to a contract of group life insurance or of group or blanket health insurance, cause notice of the application or request to be mailed to the insured at his home or business within 48 hours after receiving the application or request.
________
Assembly Bill No. 131 — Committee on Health and Human Services
CHAPTER 106
AN ACT relating to cancer; requiring specified health care facilities to make the records of certain cases of cancer available to the state health officer or his representative; requiring, under certain circumstances, specified health care facilities to abstract information from the records; assessing a fee; providing a penalty; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 457.020 is hereby amended to read as follows:
457.020 As used in this chapter, unless the context requires otherwise:
1. Cancer means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.
2. Health care facility has the meaning ascribed to it in NRS 449.800 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.
3. Health division means the health division of the department of human resources.
Sec. 2. NRS 457.250 is hereby amended to read as follows:
457.250 1. The chief administrative officer of each [hospital] health care facility in this state shall make available to the state health officer or his representative the records of the [hospital] health care facility for every case of malignant neoplasms which are specified by the state board of health as subject to reporting.
2. The health division shall abstract from [hospital records throughout the state] the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the state board of health.
3. The board shall by regulation [fix a fee] adopt a schedule of fees which must be assessed to the [hospital] health care facility for each case [so abstracted.] from which information is abstracted by the health division or by the health care facility pursuant to subsection 2. The fee assessed to a facility which abstracts information from its own records must not exceed one-third of the amount assessed to facilities for which the health division abstracts.
4. Any person who violates this section is guilty of a misdemeanor.
Sec. 3. NRS 457.270 is hereby amended to read as follows:
457.270 The health division shall not reveal the identity of any patient, physician or [hospital] health care facility which is involved in the reporting required by NRS 457.250 unless the patient, physician or [hospital] health care facility gives his or its prior written consent to such a disclosure.
κ1993 Statutes of Nevada, Page 175 (CHAPTER 106, AB 131)κ
required by NRS 457.250 unless the patient, physician or [hospital] health care facility gives his or its prior written consent to such a disclosure.
________
Assembly Bill No. 132 — Committee on Health and Human Services
CHAPTER 107
AN ACT relating to air pollution; increasing the maximum amount that the local air pollution control board may retain from the administrative penalties that it collects; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.546 is hereby amended to read as follows:
445.546 1. Except as otherwise provided in this section and in NRS 445.493:
(a) The district board of health, county board of health or board of county commissioners in each county [which has a population of] whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.
(b) The program must:
(1) Include standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation; and
(2) Provide for adequate administration, enforcement, financing and staff.
(c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445.401 to 445.601, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.
(d) Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571, 445.576, 445.581 and 445.601 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.
2. The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks . [, which] The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445.466 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.
3. In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation adopted pursuant to those sections.
κ1993 Statutes of Nevada, Page 176 (CHAPTER 107, AB 132)κ
its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, [25] 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to a maximum of [$10,000] $17,500 per year. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445.401 to 445.601, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred.
4. Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.
5. No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 136 — Committee on Taxation
CHAPTER 108
AN ACT relating to property taxes; revising the provisions governing the assessment and conversion of agricultural and open space real property; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.310 is hereby amended to read as follows:
361.310 1. On or before January 1 of each year, the county assessor of each of the several counties shall complete his assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.
κ1993 Statutes of Nevada, Page 177 (CHAPTER 108, AB 136)κ
2. The county assessor shall close his roll as to all changes on the day he delivers it for publication. The roll may be reopened beginning the next day for changes that occur before July 1 in:
(a) Ownership;
(b) Improvements as a result of new construction, destruction or removal;
(c) Land parceling;
(d) Site improvements;
(e) Zoning or other legal or physical restrictions on use;
(f) Actual use [;] , including changes in agricultural or open space use;
(g) Exemptions; or
(h) Items of personal property on the secured roll,
or to correct overassessments because of a factual error in size or age.
3. Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.
4. Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.
Sec. 2. NRS 361A.110 is hereby amended to read as follows:
361A.110 1. Any application for agricultural use assessment must be filed on or before [the 1st Monday in October] June 1 of any year:
(a) With the county assessor of each county in which the property is located, if the property contains 20 acres or more.
(b) With the department, if the property contains less than 20 acres.
2. Except as otherwise provided in this subsection, a new application to continue that assessment is required on or before [the 1st Monday in October] June 1 following any change in ownership or conversion to a higher use of any portion of the property. If the property is divided, an owner who retains a portion qualifying as agricultural real property is not required to file a new application to continue agricultural use assessment on the portion retained unless any part of that portion is converted to a higher use.
3. The application must be made on forms prepared by the department and supplied by the county assessor and must include such information as may be required to determine the entitlement of the applicant to agricultural use assessment. Each application must contain an affidavit or affirmation by the applicant that the statements contained therein are true. The application must prominently contain the printed statement This property may be subject to liens for undetermined amounts.
4. The application may be signed by:
(a) The owner of the agricultural real property, including tenants in common or joint tenants.
(b) Any person, of lawful age, authorized by an executed power of attorney to sign an application on behalf of any person described in paragraph (a).
(c) The guardian or conservator of an owner or the executor or administrator of an owners estate.
5. The county assessor shall not approve an application unless the application is signed by each owner of record or his representative as specified in subsection 4.
κ1993 Statutes of Nevada, Page 178 (CHAPTER 108, AB 136)κ
subsection 4. Additional information may be required of the applicant if necessary to evaluate his application.
Sec. 3. NRS 361A.120 is hereby amended to read as follows:
361A.120 1. Upon receipt of an application, the county assessor or the department shall make an independent determination of the use of the owners real property. The assessor or the department shall consider the use of the property by its owner or occupant together with any other agricultural real property that is a part of one agricultural unit being operated by the owner or occupant. The assessor or the department shall consider the use of agricultural real property which is not contiguous to the owners real property only if that property has been in agricultural use for at least 2 months during the 2 years preceding the receipt of the application.
2. The assessor or the department may inspect the property and request such evidence of use and sources of income as is necessary to make an accurate determination of use. The assessor or the department may deny the application when the owner or occupant refuses to permit the inspection or furnish the evidence.
3. The department shall provide by regulation for a more detailed definition of agricultural use, consistent with the general definition given in NRS 361A.030, for use by county assessors or the department in determining entitlement to agricultural use assessment.
4. [The county assessor or the department shall approve or deny an application no later than December 15 of each year. An application on which action by the assessor or the department is not completed by December 15 is approved.
5.] The county assessor or the department shall send to the applicant a written notice of his or its determination within 10 days after determining the applicants entitlement to agricultural use assessment. If an applicant seeking agricultural use assessment on property located in more than one county is refused such assessment in any one county, he may withdraw his application for such assessment in all other counties.
[6.] 5. The county assessor or the department shall record the application with the county recorder within 10 days after its approval.
Sec. 4. NRS 361A.130 is hereby amended to read as follows:
361A.130 1. If the property is found to be agricultural real property, the county assessor shall determine its value for agricultural use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value.
2. The agricultural use assessment must be maintained in the records of the assessor and must be made available to any person upon request. The property owner must be notified of the agricultural use assessment in the manner provided for notification of taxable value assessments. The notice must contain the following statement: Deferred taxes will become due on this parcel if it is converted to a higher use.
[3. The entitlement of agricultural real property to agricultural use assessment must be determined as of December 15 in each year. If the property becomes disqualified for such an assessment before that date, it must be assessed as all other real property is assessed and taxed in the ensuring fiscal year on the basis of taxable value.]
κ1993 Statutes of Nevada, Page 179 (CHAPTER 108, AB 136)κ
Sec. 5. NRS 361A.150 is hereby amended to read as follows:
361A.150 1. The county assessor shall enter on the assessment roll the valuation based on agricultural use until the property becomes disqualified for agricultural use assessment by:
(a) Notification by the applicant to the assessor to remove the agricultural use assessment pursuant to NRS 361A.270;
(b) Sale or transfer to an owner making it exempt from ad valorem property taxation;
(c) Removal of the agricultural use assessment by the assessor upon discovery that the property is no longer in agricultural use; or
(d) Failure to file an application as provided in NRS 361A.110.
2. Except as otherwise provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify agricultural real property from agricultural use assessment so long as the property continues to be used exclusively for agricultural use, if the new owner applies for agricultural use assessment in the manner provided in NRS 361A.110.
3. Within 30 days after agricultural real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the nonagricultural assessed value for the [first secured tax roll following disqualification that is not closed at the time of disqualification.
4. If, in addition to being disqualified, the property was converted to a higher use, the nonagricultural assessment becomes effective for the fiscal year following the time of conversion and the deferred taxes also become due.] ensuing fiscal year.
Sec. 6. NRS 361A.160 is hereby amended to read as follows:
361A.160 [1.] The determination of use and agricultural use assessment in each year are final unless appealed in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.
[2. Any person desiring to have his property assessed for agricultural use who fails to file a timely application may petition the county board of equalization which, upon good cause shown, may accept an application, and, if appropriate, allow that application. The assessor shall then assess the property consistently with the decision of the county board of equalization on the next assessment roll.]
Sec. 7. NRS 361A.190 is hereby amended to read as follows:
361A.190 1. Any application for open-space use assessment must be filed on or before [the 1st Monday in October] June 1 of any year with the county assessor of each county in which the property is located. A new application to continue that assessment is required on or before [the 1st Monday in October] June 1 following any change in ownership or from approved open-space use of any portion of the property. If the property is divided, an owner who retains a portion of the property must file a new application in order to continue open-space use assessment on the portion retained.
κ1993 Statutes of Nevada, Page 180 (CHAPTER 108, AB 136)κ
2. The application must be made on forms prepared by the department and supplied by the county assessor and must include a description of the property, its current use and such other information as may be required to determine the entitlement of the applicant to open-space use assessment. Each application must contain an affidavit or affirmation by the applicant that the statements contained therein are true.
3. The application may be signed by:
(a) The owner of the open-space real property, including tenants in common or joint tenants.
(b) Any person, of lawful age, authorized by a duly executed power of attorney to sign an application on behalf of any person described in paragraph (a).
(c) The guardian or conservator of an owner or the executor or administrator of an owners estate.
4. The county assessor shall not accept an application unless the application is signed by each owner of record or his representative as specified in subsection 3. The assessor may require such additional information of the applicant as is necessary to evaluate his application.
Sec. 8. NRS 361A.220 is hereby amended to read as follows:
361A.220 1. If the property is found by the board of county commissioners to be open-space real property, the county assessor shall determine its value for open-space use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value.
2. The open-space use assessment must be maintained in the records of the assessor and must be made available to any person upon request. The property owner must be notified of the open-space use assessment in the manner provided for notification of taxable value assessments. The notice must contain the statement: Deferred taxes will become due on any portion of this parcel which is converted to a higher use.
[3. The entitlement of open-space real property to open-space use assessment must be determined as of December 15 in each year. If the property becomes disqualified for open-space assessment before that date it must be assessed as all other real property is assessed and taxed in the ensuing fiscal year upon the basis of taxable value.]
Sec. 9. NRS 361A.230 is hereby amended to read as follows:
361A.230 1. The county assessor shall enter on the assessment roll the valuation based on open-space use until the property becomes disqualified for open-space use assessment by:
(a) Notification by the applicant to the assessor to remove the open-space use assessment;
(b) Sale or transfer to an owner making it exempt from ad valorem property taxation;
(c) Removal of the open-space use assessment by the assessor, with the concurrence of the board, upon discovery that the property is no longer in the approved open-space use; or
(d) Failure to file a new application as provided in NRS 361A.190.
2. Except as otherwise provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify open-space real property from open-space use assessment so long as the property continues to be used exclusively for an approved open-space use, if the new owner applies for open-space use assessment in the manner provided in NRS 361A.190.
κ1993 Statutes of Nevada, Page 181 (CHAPTER 108, AB 136)κ
assessment so long as the property continues to be used exclusively for an approved open-space use, if the new owner applies for open-space use assessment in the manner provided in NRS 361A.190.
3. Whenever open-space real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the assessed value for the [next following tax roll.] ensuing fiscal year.
Sec. 10. NRS 361A.250 is hereby amended to read as follows:
361A.250 1. Any person claiming that any open-space real property is no longer in the approved open-space use may file a complaint and proof of his claim with the board of county commissioners of the county or counties in which the property is located. The complaint and proof must show the name of each owner of record of the property, its location, description and the use in which it is claimed to be.
2. The board shall hear the complaint after 10 days notice of the time to the complainant and each owner of the property.
3. The board shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted by the county assessor or any other person. The board shall notify the complainant, each owner of the property and the county assessor of its determination within 10 days after the hearing. It shall direct the county assessor to appraise, value and tax the property [in the following assessment period] for the ensuing fiscal year in a manner consistent with its determination and the provisions of this chapter and, in appropriate cases, order the tax receiver to collect any amounts due under NRS 361A.280 and 361A.283.
4. The determination of the board may be appealed to the district court by the complainant or the owner of the property as provided in NRS 361A.240.
Sec. 11. NRS 361A.265 is hereby amended to read as follows:
361A.265 1. An owner of property which has received an agricultural or open-space use assessment may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.
2. An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner.
3. An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in NRS 361A.273.
4. If a parcel that has been created after the secured tax roll has been closed is converted to a higher use, the assessor must change the roll to reflect the changes in the parcel or parcels and assess the new parcel or parcels at taxable value for the following fiscal year. [That taxable value must be determined on the basis of what it would have been for the prior parcel or parcels and then apportioned to the new parcel or parcels.] The deferred tax must be assessed pursuant to NRS 361A.280.
κ1993 Statutes of Nevada, Page 182 (CHAPTER 108, AB 136)κ
Sec. 12. NRS 361A.273 is hereby amended to read as follows:
361A.273 1. An owner of property who receives a notice of conversion which is postmarked on or after July 1 and before December 16 may appeal in the manner provided in NRS 361.355:
(a) The determination that the property has been converted to a higher use; and
(b) The valuations for the years described in the notice,
to the board of equalization of the county in which the property is located.
2. An owner who receives a notice of conversion which is postmarked on or after December 16 and before July 1 may appeal [:] , not later than July 15 of the ensuing fiscal year:
(a) The determination that the property has been converted to a higher use; or
(b) The valuations for the years described on the notice,
directly to the state board of equalization.
Sec. 13. Section 6 of Assembly Bill No. 137 of this session is hereby amended to read as follows:
Sec. 6. NRS 361.310 is hereby amended to read as follows:
361.310 1. On or before January 1 of each year, the county assessor of each of the several counties shall complete his assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.
2. The county assessor shall close his roll as to all changes on the day he delivers it for publication. The roll may be reopened beginning the next day for changes that occur before July 1 in:
(a) Ownership;
(b) Improvements as a result of new construction, destruction or removal;
(c) Land parceling;
(d) Site improvements;
(e) Zoning or other legal or physical restrictions on use;
(f) Actual use, including changes in agricultural or open space use;
(g) Exemptions; or
(h) Items of personal property on the secured roll,
or to correct overassessments because of a factual error in existence, size , quantity or age.
3. Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.
4. Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.
κ1993 Statutes of Nevada, Page 183 (CHAPTER 108, AB 136)κ
of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.
Sec. 14. This act becomes effective upon passage and approval.
________
Assembly Bill No. 223 — Committee on Education
CHAPTER 109
AN ACT relating to educational personnel; revising the provision regarding the list of hearing officers which is maintained by the state board of education; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.3161 is hereby amended to read as follows:
391.3161 1. There is hereby created a list of hearing officers comprised of residents of this state who are attorneys at law. The state board shall make appointments to the list after nominations have been made by the State Bar of Nevada and the Nevada Trial Lawyers Association. Each nominee appointed to the list must have completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the state board. This course must consist of at least 4 hours of instruction in a classroom.
2. Each appointment to the list is for a term of 6 years or until resignation or removal for cause by the state board. Vacancies must be filled in the same manner as original appointments.
3. Hearing officers may be selected from a list provided by the American Arbitration Association of arbitrators who are available upon request, if [the] :
(a) The number of names on the list of qualified, trained hearing officers falls below 10; and
(b) The employee and the superintendent have so agreed in writing at least 5 school days before the list is requested.
Selection of a hearing officer through the services of the American Arbitration Association must be accomplished in the same manner as described in subsection 2 of NRS 288.200. The employee and the board shall each pay half of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.
4. A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in subsection 1 of NRS 391.312.
5. This section does not preclude the employee and the superintendent from mutually selecting an attorney who is a resident of this state to serve as a hearing officer to conduct a particular hearing.
________
κ1993 Statutes of Nevada, Page 184κ
Assembly Bill No. 293 — Committee on Judiciary
CHAPTER 110
AN ACT relating to gaming; providing that certain information that is given to assist the state gaming control board or the Nevada gaming commission in the performance of their respective duties is absolutely privileged; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.3407 is hereby amended to read as follows:
463.3407 1. Any communication or document of an applicant or licensee which is [required by:
(a) Law or the regulations of the board or commission; or
(b) A subpena issued by the board or commission,
to be] made or transmitted to the board or commission or any of their agents or employees to:
(a) Comply with any law or the regulations of the board or commission;
(b) Comply with a subpena issued by the board or commission; or
(c) Assist the board or commission in the performance of their respective duties,
is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
2. If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the board or commission or any of its agents or employees.
3. Notwithstanding the provisions of subsection 4 of NRS 463.120:
(a) The board, commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant or licensee which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant or licensee, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee.
(b) The board and commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the board and commission and their authorized agents and employees.
(c) The board and commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant or licensee.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 185κ
Assembly Bill No. 297 — Committee on Judiciary
CHAPTER 111
AN ACT relating to gaming; providing that the Nevada gaming commission may grant a state gaming license to a publicly traded corporation; providing that an association of licensees or a nonprofit corporation that represents licensees may bring an action for a declaratory judgment; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.170 is hereby amended to read as follows:
463.170 1. Any person who the commission determines is qualified to receive a license or be found suitable under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this state, may be issued a state gaming license or found suitable, as appropriate. The burden of proving his qualification to receive any license or be found suitable is on the applicant.
2. An application to receive a license or be found suitable must not be granted unless the commission is satisfied that the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of suitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.
3. A license to operate a gaming establishment must not be granted unless the applicant has satisfied the commission that:
(a) He has adequate business probity, competence and experience, in gaming or generally; and
(b) The proposed financing of the entire operation is:
(1) Adequate for the nature of the proposed operation; and
(2) From a suitable source.
Any lender or other source of money or credit which the commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.
4. An application to receive a license or be found suitable constitutes a request for a determination of the applicants general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
κ1993 Statutes of Nevada, Page 186 (CHAPTER 111, AB 297)κ
the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
5. The commission may in its discretion grant a license to [a] :
(a) A publicly traded corporation which has complied with the provisions of NRS 463.500 and 463.625 to 463.643, inclusive;
(b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive [.
6. The commission may in its discretion grant a license to a] ; and
(c) A limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive.
[7.] 6. No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the commission, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.
[8.] 7. The commission may, by regulation, limit the number of persons who may be financially interested and the nature of their interest in any corporation , other than a publicly traded corporation, or other organization or association licensed under this chapter, and establish such other qualifications for licenses as they may, in their discretion, deem to be in the public interest and consistent with the declared policy of the state.
Sec. 2. NRS 463.290 is hereby amended to read as follows:
463.290 Every licensee shall at all times maintain on file with the commission a current report, verified by the affidavit of the person or an officer of a corporation [and every stockholder thereof,] to whom the license is issued, which [shall set] sets forth such information as may be required by the regulations of the commission.
Sec. 3. NRS 463.343 is hereby amended to read as follows:
463.343 1. The board or commission or any applicant, licensee, association of licensees, nonprofit corporation that represents licensees, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter, chapter 462 of NRS or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the board or commission, the commission must be made a party to the action and the attorney general must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the state.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.
κ1993 Statutes of Nevada, Page 187 (CHAPTER 111, AB 297)κ
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the board or commission to submit his application for licensing, finding of suitability or registration;
(c) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.
Sec. 4. NRS 463.490 is hereby amended to read as follows:
463.490 In order to be eligible to receive a state gaming license, a corporation [shall:] , other than a publicly traded corporation, must:
1. Be incorporated:
(a) In the State of Nevada, although [such] the corporation may be a wholly or partly owned subsidiary of a corporation which is chartered in another state of the United States; or
(b) In another state of the United States, if all persons having any direct or indirect interest of any nature in [such] the corporation are licensed as required by NRS 463.530 and any applicable regulations of the commission;
2. Maintain an office of the corporation on the licensed premises;
3. Comply with all of the requirements of the laws of the State of Nevada pertaining to corporations; and
4. Maintain a ledger in the principal office of the corporation in Nevada, which shall:
(a) At all times reflect the ownership of every class of security issued by the corporation; and
(b) Be available for inspection by the board, commission and their authorized agents, at all reasonable times without notice.
Sec. 5. NRS 463.510 is hereby amended to read as follows:
463.510 1. The purported sale, assignment, transfer, pledge or other disposition of any security issued by a corporation , other than a publicly traded corporation, which holds a state gaming license or granting of an option to purchase such a security is void unless approved in advance by the commission.
2. If at any time the commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, the owner shall immediately offer the security to the issuing corporation for purchase. The corporation shall purchase the security so offered, for cash at fair market value, within 10 days after the date of the offer.
3. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the corporation, it is unlawful for the unsuitable owner:
(a) To receive any dividend or interest upon any such security;
(b) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or
(c) To receive any remuneration at any form from the corporation, for services rendered or otherwise.
κ1993 Statutes of Nevada, Page 188 (CHAPTER 111, AB 297)κ
4. Every security issued by a corporation , other than a publicly traded corporation, which holds a gaming license must bear a statement, on both sides of the certificate evidencing the security, of the restrictions imposed by this section.
Sec. 6. NRS 463.520 is hereby amended to read as follows:
463.520 [The] A corporation , other than a publicly traded corporation, which applies for a state gaming license shall register as a corporation with the board, and shall provide the following information to the board.
1. The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of all officers, directors and key employees, and the names, addresses and number of shares held by all stockholders.
2. The rights and privileges acquired by the holders of different classes of authorized securities, including debentures.
3. The terms on which securities are to be offered.
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.
5. The extent of the equity security holding in the corporation of all officers, directors and underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.
6. Remuneration to persons other than directors and officers exceeding $30,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.
11. Profit and loss statements for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.
12. Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.
Sec. 7. NRS 463.530 is hereby amended to read as follows:
463.530 All officers and directors of [the] a corporation , other than a publicly traded corporation, which holds or applies for a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of the corporations individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require [such] those persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires [such] the licensing. A person who is required to be licensed by this section shall apply for a license within 30 days after he becomes an officer or director. A person who is required to be licensed pursuant to a decision of the commission shall apply for a license within 30 days after the commission requests him to do so.
κ1993 Statutes of Nevada, Page 189 (CHAPTER 111, AB 297)κ
licensed pursuant to a decision of the commission shall apply for a license within 30 days after the commission requests him to do so.
Sec. 8. NRS 463.540 is hereby amended to read as follows:
463.540 [1.] After licensing pursuant to NRS [463.530, but before the] 463.170, a corporation , other than a publicly traded corporation:
1. Before it may issue or transfer any security to any person, [it] shall file a report of its proposed action with the board and commission, which report [shall] must request the approval of the commission. The commission shall have 90 days within which to approve or deny the request. If the commission denies the request, the corporation shall not issue or transfer any such security.
2. [After licensing pursuant to NRS 463.530, the corporation shall] Shall file a report of each change of the corporate officers and the members of its board of directors with the board and commission. The commission shall have 90 days within which to approve or disapprove [such] the change. During [such] the 90-day period and thereafter if the commission does not disapprove the change, [such] the officer or member of the board of directors [shall be] is entitled to exercise all powers of the office to which he was so elected or appointed.
Sec. 9. NRS 463.625 is hereby amended to read as follows:
463.625 The commission may exempt a publicly traded corporation from compliance with [:
1. The provisions of subsection 4 of NRS 463.510.
2. Some or all] any of the provisions of NRS 463.585 to 463.615, inclusive. To the extent of such an exemption, the corporation shall comply instead with the provisions of NRS 463.635 to 463.645, inclusive, except as otherwise ordered by the commission.
Sec. 10. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation or limited partnership applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, [such] or, if a publicly traded corporation applies for or holds a state gaming license, the publicly traded corporation shall:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in this state, which must:
(1) Reflect the ownership or record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate or limited partnership gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
κ1993 Statutes of Nevada, Page 190 (CHAPTER 111, AB 297)κ
licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least the 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of this state, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or others persons associated therewith as it deems necessary.
(c) Apply for an order of registration from the commission which must set forth a description of the publicly traded corporations affiliated companies and intermediary companies, and the various gaming licenses and approvals obtained by [such] those entities.
κ1993 Statutes of Nevada, Page 191 (CHAPTER 111, AB 297)κ
obtained by [such] those entities. The commission may issue an order of registration upon receipt of a proper application. If the information set forth in an order of registration changes, the publicly traded corporation shall apply for and the commission may issue amendments to and revisions of the order of registration to reflect the changes.
(d) If the publicly traded corporation is a foreign corporation, qualify to do business in this state.
2. The commission may adopt regulations that generally or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.
Sec. 11. NRS 463.637 is hereby amended to read as follows:
463.637 1. Each officer , director and employee of a publicly traded corporation who the commission determines is or is to become actively and directly engaged in the administration or supervision of, or any other significant involvement with, the gaming activities of the [corporate or limited partnership gaming licensee] corporation or any of its affiliated or intermediary companies must be found suitable therefor and may be required to be licensed by the commission. [Each director of a publicly traded corporation, who the commission determines is, or is to become, actively and directly engaged in the administration or supervision of the gaming activities at a licensed gaming establishment of the corporate or limited partnership licensee must be found suitable therefor and may be required to be licensed by the commission.]
2. If any officer, director or employee of a publicly traded corporation required to be licensed or found suitable pursuant to subsection 1 fails to apply for a gaming license or finding of suitability within 30 days after being requested to do so by the commission, or is denied a license or not found suitable by the commission, or if his license or the finding of his suitability is revoked after appropriate findings by the commission, the publicly traded corporation shall immediately remove that officer , director or employee from any office or position wherein he is actively and directly engaged in the administration or supervision of, or any other significant involvement with, the gaming activities of the [corporate or limited partnership gaming licensee, or that director from any office or position wherein he is actively and directly engaged in the administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.] corporation or any of its affiliated or intermediary companies. If the commission suspends the finding of suitability of any officer, director or employee, the publicly traded corporation shall, immediately and for the duration of the suspension, suspend that officer , director or employee from performance of any duties wherein he is actively and directly engaged in administration or supervision of, or any other significant involvement with, the gaming activities of the [corporate or limited partnership gaming licensee, or that director from performance of any duties wherein he is actively and directly engaged in administration or supervision of the activities at a licensed gaming establishment of the corporate or limited partnership licensee.]
κ1993 Statutes of Nevada, Page 192 (CHAPTER 111, AB 297)κ
limited partnership licensee.] corporation or any of its affiliated or intermediary companies.
Sec. 12. NRS 463.639 is hereby amended to read as follows:
463.639 1. Except as otherwise provided in subsection 2, after [the] a publicly traded corporation has registered pursuant to this chapter, and while the [subsidiary] publicly traded corporation or any of its affiliated or intermediary companies holds a gaming license, the publicly traded corporation shall:
(a) Report promptly to the commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the [corporate or limited partnership gaming licensee.] corporation or any of its affiliated or intermediary companies.
(b) Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the commission therefor, a copy of the publicly traded corporations federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission
(c) Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to section 13(d) of the Securities Exchange Act of 1934, as amended, within 10 days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.
(d) Upon request of the commission, furnish to it a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
2. A publicly traded corporation which was created under the laws of a foreign country shall, instead of complying with subsection 1:
(a) Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the commission therefor, a copy of the publicly traded corporations federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the foreign governmental agency that regulates the sale of its securities.
(b) Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to law, within 10 days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.
κ1993 Statutes of Nevada, Page 193 (CHAPTER 111, AB 297)κ
owner of record of more than 10 percent of its outstanding equity securities of any class.
(c) Upon request of the commission, furnish to it a copy of any document filed by the publicly traded corporation with the foreign governmental agency that regulates the sale of its securities or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
Sec. 13. This act becomes effective upon passage and approval.
________
Assembly Bill No. 299 — Committee on Commerce
CHAPTER 112
AN ACT relating to banks; revising the provisions governing annual meetings of stockholders of banks; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 661.135 is hereby amended to read as follows:
661.135 The affairs and business of any banking corporation organized under the laws of this state [shall] must be managed or controlled by a board of directors of not less than five in number, who [shall] must be selected from the stockholders at the [first] annual meeting of stockholders [, to be held no later than March 31 of each year, and] in such manner as may be provided by the bylaws of the corporation.
________
Assembly Bill No. 345 — Committee on Judiciary
CHAPTER 113
AN ACT relating to money; providing the manner of computing the amount of a judgment or award on a claim arising in foreign money; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. 1. Sections 2 to 27, inclusive, of this act may be cited as the Uniform Foreign-Money Claims Act.
κ1993 Statutes of Nevada, Page 194 (CHAPTER 113, AB 345)κ
2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.
Sec. 3. 1. Sections 2 to 27, inclusive, of this act apply only to a foreign-money claim in an action or distributive proceeding.
2. Sections 2 to 27, inclusive, of this act apply to foreign-money issues even if other law applies to other issues in the action or distributive proceeding under the rules of this state governing the conflict of laws.
3. Sections 2 to 27, inclusive, of this act apply to actions and distributive proceedings commenced after January 1, 1994.
Sec. 4. As used in sections 2 to 27, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5. Action means a judicial proceeding or an arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
Sec. 6. Bank-offered spot rate means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
Sec. 7. Date of conversion means the banking day next preceding the date on which money, in accordance with sections 2 to 27, inclusive, of this act is:
1. Paid to a claimant in an action or distributive proceeding;
2. Paid to the officer designated by law to enforce a judgment or award on behalf of a claimant; or
3. Used to recoup, set-off or counterclaim in different moneys in an action or distributive proceeding.
Sec. 8. Distributive proceeding means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity and the distribution of an estate, trust or other fund.
Sec. 9. Foreign money means money other than money of the United States of America.
Sec. 10. Foreign-money claim means a claim upon an obligation to pay, or a claim for recovery for a loss, expressed in or measured by a foreign money.
Sec. 11. Money means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
Sec. 12. Money of the claim means the money determined as proper pursuant to section 18 of this act.
Sec. 13. Person includes two or more persons having a joint or common interest.
Sec. 14. Rate of exchange means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
κ1993 Statutes of Nevada, Page 195 (CHAPTER 113, AB 345)κ
Sec. 15. Spot rate means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next-day availability or for settlement by immediate payment in case or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.
Sec. 16. State means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.
Sec. 17. 1. The effect of sections 2 to 27, inclusive, of this act may be varied by agreement of the parties made before or after commencement of an action or distributive proceeding or the entry of judgment.
2. Parties to the transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
Sec. 18. 1. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
2. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(a) Regularly used between the parties as a matter of usage or course of dealing;
(b) Used at the time of a transaction is international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c) In which the loss was ultimately felt or will be incurred by the party claimant.
Sec. 19. 1. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the date of conversion.
2. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the date of conversion.
3. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtors obligation to be paid on the debtors money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
Sec. 20. 1. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
2. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
κ1993 Statutes of Nevada, Page 196 (CHAPTER 113, AB 345)κ
3. A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
4. The determination of the proper money of the claim is a question of law.
Sec. 21. 1. Except as otherwise provided in subsection 3, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
2. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the date of conversion at a bank-offered spot rate.
3. Assessed costs must be entered in United States dollars.
4. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the date of conversion for that payment.
5. A judgment or award made in an action or distributive proceeding on both a defense, set-off, recoupment or counterclaim and the adverse partys claim must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
6. A judgment substantially in the following form complies with subsection 1:
IT IS ORDERED AND ADJUDGED that the plaintiff .................... (insert name) .................... recover of the defendant .................... (insert name) .................... the sum of .......... (insert amount in the foreign money) .......... plus interest on that sum at the rate of .......... (insert rate — see section 23 of this act) .......... percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the .......... (insert name of foreign money) .......... with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of .......... (insert amount) .......... United States dollars.
7. If a contract claim is of the type covered by subsection 1 or 2 of section 19 of this act, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the date of conversion at a bank-offered spot rate.
8. A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
Sec. 22. The rate of exchange prevailing at or near the close of business on the day the distributive proceeding is initiated governs all exchanges of foreign money in a distributive proceeding. A foreign-money claimant in a distributive proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
κ1993 Statutes of Nevada, Page 197 (CHAPTER 113, AB 345)κ
Sec. 23. 1. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distributive proceeding, except as otherwise provided in subsection 2, are matters of the substantive law governing the right to recovery under the rules of this state governing the conflict of laws.
2. The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
3. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
Sec. 24. 1. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 21 of this act, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
2. A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
3. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
4. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
Sec. 25. 1. Computations under this section are for the limited purposes of this section and do not affect computation of the equivalent in United States dollars of the money of the judgment for the purpose of payment.
2. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections 3 and 4.
3. A party seeking process, costs, bond or other undertaking under subsection 2 shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
4. A party seeking the process, costs, bond or other undertaking under subsection 2 shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officers incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
κ1993 Statutes of Nevada, Page 198 (CHAPTER 113, AB 345)κ
Sec. 26. 1. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss must be treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
2. If substitution under subsection 1 occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
Sec. 27. Unless displaced by particular provisions of sections 2 to 27, inclusive, of this act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement the provisions of those sections.
Sec. 28. This act becomes effective on January 1, 1994.
________
Assembly Bill No. 350 — Committee on Judiciary
CHAPTER 114
AN ACT relating to liens; conforming certain provisions of the Uniform Federal Lien Registration Act further to the most recent revision by the Uniform Law Commissioners; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.827 is hereby amended to read as follows:
108.827 1. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens must be filed in accordance with NRS 108.825 to 108.837, inclusive.
2. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens must be filed in the office of the county recorder of the county in which the real property subject to the liens is situated.
3. Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens must be filed as follows:
(a) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive officer is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state.
(b) If the person against whose interest the lien applies is a trust that is not covered by paragraph (a), in the office of the secretary of state.
(c) If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state.
κ1993 Statutes of Nevada, Page 199 (CHAPTER 114, AB 350)κ
(d) In all other cases in the office of the county recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
Sec. 2. NRS 108.831 is hereby amended to read as follows:
108.831 1. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection 2 is presented to the filing officer who is:
(a) The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with the provisions of subsection 4 of NRS 104.9403 as if the notice were a financing statement within the meaning of the Uniform Commercial Code.
(b) Any other officer described in NRS 108.827, he shall endorse thereon his identification and the date and time of receipt and forthwith file it alphabetically or enter it in an alphabetical index showing the name of the person named in the notice and the date of receipt.
2. If a certificate of release, nonattachment, discharge or subordination of any federal lien is presented to the secretary of state for filing he shall:
(a) Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, except that the notice of lien to which the certificate relates must not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
3. If a refiled notice of federal lien referred to in subsection 1 or any of the certificates or notices referred to in subsection 2 is presented for filing with any other filing officer specified in NRS 108.827, he shall enter the refiled notice or the certificate with the date of filing in any alphabetical index of liens.
4. Upon request of any person, the filing officer shall issue his certificate showing whether there is on file, on the date and hour stated therein, any active notice of lien or certificate or notice affecting [the lien,] any lien filed under NRS 108.825 to 108.837, inclusive, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The certificate must state that it reveals active liens only. The fee for a certificate is $6. Upon request the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien for the statutory fee for copies.
Sec. 3. NRS 108.835 is hereby repealed.
________
κ1993 Statutes of Nevada, Page 200κ
Assembly Bill No. 362 — Committee on Judiciary
CHAPTER 115
AN ACT relating to notarial acts; providing for their performance in this state, their recognition if performed outside this state, and the sufficiency of their language; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. 1. NRS 240.071 and sections 2 to 18, inclusive, of this act may be cited as the Uniform Law on Notarial Acts.
2. These sections must be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting them.
3. These sections apply to notarial acts performed on or after October 1, 1993.
Sec. 3. As used in NRS 240.071 and sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Acknowledgment means a declaration by a person that he has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
Sec. 5. In a representative capacity means:
1. For and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative;
2. As a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
3. As an attorney in fact for a principal; or
4. In any other capacity as an authorized representative of another.
Sec. 6. Notarial act means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.
Sec. 7. Notarial officer means a notary public or an officer authorized to perform notarial acts.
Sec. 8. Verification upon oath or affirmation means a declaration that a statement is true made by a person upon oath or affirmation.
Sec. 9. 1. A notarial act may be performed within this state by the following persons:
(a) A notary public of this state;
(b) A judge, clerk or deputy clerk of any court of this state;
(c) A justice of the peace; or
κ1993 Statutes of Nevada, Page 201 (CHAPTER 115, AB 362)κ
(d) any other person authorized to perform the specific act by the law of this state.
2. Notarial acts performed within this state under federal authority as provided in section 11 of this act have the same effect as if performed by a notarial officer of this state.
3. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
Sec. 10. 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons:
(a) A notary public of that jurisdiction;
(b) A judge, clerk or deputy clerk of a court of that jurisdiction; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
2. Notarial acts performed in other jurisdictions of the United States under federal authority as provided in section 11 of this act have the same effect as if performed by a notarial officer of this state.
3. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
4. The signature and indicated title of an officer listed in paragraph (a) or (b) of subsection 1 conclusively establish the authority of a holder of that title to perform a notarial act.
Sec. 11. 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
(a) A judge, clerk or deputy clerk of a court;
(b) A commissioned officer on active duty in the military service of the United States;
(c) An officer of the foreign service or consular officer of the United States; or
(d) Any other person authorized by federal law to perform notarial acts.
2. The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
3. The signature and indicated title of an officer listed in paragraph (a), (b) or (c) of subsection 1 conclusively establish the authority of a holder of that title to perform a notarial act.
Sec. 12. 1. A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multi-national or international organization by any of the following persons:
(a) A notary public or notary;
(b) A judge, clerk or deputy clerk of a court of record; or
(c) Any other person authorized by the law of that jurisdiction to perform notarial acts.
κ1993 Statutes of Nevada, Page 202 (CHAPTER 115, AB 362)κ
2. An Apostille in the form prescribed by the Hague Convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
3. A certificate by an officer of the foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by an officer of the foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
4. An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
5. An official stamp or seal of an officer listed in paragraph (a) or (b) of subsection 1 is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
6. If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
Sec. 13. 1. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officers rank.
2. A certificate of a notarial act is sufficient if it meets the requirements of subsection 1 and it:
(a) Is in the short form set forth in section 14, 15, 16, 17 or 18 of this act;
(b) Is in a form otherwise prescribed by the law of this state;
(c) Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
(d) Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
3. By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determinations required by NRS 240.071.
Sec. 14. The following certificate is sufficient for an acknowledgment in an individual capacity:
State of ................................................
County of ............................................
This instrument was acknowledged before me on ........ (date) ........ by ................ (name(s) of person(s)) ................
.............................................................
(Signature of notarial officer) (Seal, if any)
κ1993 Statutes of Nevada, Page 203 (CHAPTER 115, AB 362)κ
(Seal, if any)
.............................................................
(Title and rank)
(My commission expires:.................... )
Sec. 15. The following certificate is sufficient for an acknowledgment in a representative capacity:
State of ................................................
County of ............................................
This instrument was acknowledged before me on ........ (date) ........ by ................ (name(s) of person(s)) ................ as ................ (type of authority, e.g., officer, trustee, etc.) ................ of ................ (name of party on behalf of whom instrument was executed) ................
.............................................................
(Signature of notarial officer)
(Seal, if any)
.............................................................
(Title and rank)
(My commission expires:.................... )
Sec. 16. The following certificate is sufficient for a verification upon oath or affirmation:
State of ................................................
County of ............................................
Signed and sworn to (or affirmed) before me on ........ (date) ........ by ................ (name(s) of person(s)) making statement) ................
.............................................................
(Signature of notarial officer)
(Seal, if any)
.............................................................
(Title and rank)
(My commission expires:.................... )
Sec. 17. The following certificate is sufficient for witnessing or attesting a signature:
State of ................................................
County of ............................................
Signed or attested before me on ........ (date) ........ by ................ (name(s) of person(s)) ................
.............................................................
(Signature of notarial officer)
(Seal, if any)
.............................................................
(Title and rank)
(My commission expires:.................... )
Sec. 18. The following certificate is sufficient for attesting a copy of a document:
State of ................................................
County of ............................................
I certify that this is a true and corrected copy of a document in the possession of
κ1993 Statutes of Nevada, Page 204 (CHAPTER 115, AB 362)κ
Dated .............................................
.............................................................
(Signature of notarial officer)
(Seal, if any)
.............................................................
(Title and rank)
(My commission expires:.................... )
Sec. 19. NRS 240.071 is hereby amended to read as follows:
240.071 1. In taking an acknowledgment, a [notary public] notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the acknowledgment is the person whose signature is on the instrument.
2. In taking a verification upon oath or affirmation, a [notary public] notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the person making the verification is the person whose signature is on the verified statement.
3. In witnessing or attesting a signature, a [notary public] notarial officer shall determine, from personal knowledge or from other satisfactory evidence, that the signature is that of the person appearing before him [.] and named in the document signed.
4. In certifying or attesting a copy of a document or other item, a [notary public] notarial officer shall determine that the proffered copy is a complete, accurate and authentic transcription or reproduction of that which was copied.
5. In making or noting a protest of a negotiable instrument, a [notary public] notarial officer shall verify compliance with the provisions of subsection 2 of NRS 104.3509.
6. A [notary public] notarial officer has satisfactory evidence that a person is the person whose signature is on a document if that person:
(a) Is personally known to the [notary public;] notarial officer;
(b) Is identified upon the oath or affirmation of a credible witness personally known to the [notary public;] notarial officer; or
(c) Is identified on the basis of an [identification] identifying document.
Sec. 20. NRS 111.240 is hereby amended to read as follows:
111.240 Every conveyance in writing whereby any real property is conveyed or may be affected [shall] must be acknowledged or proved and certified in the manner provided in this chapter [.] and in NRS 240.071 and sections 2 to 18, inclusive, of this act.
Sec. 21. NRS 127.053 is hereby amended to read as follows:
127.053 No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:
1. Identifies the child to be adopted by name, if any, [gender] sex and date of birth.
2. Is in writing and signed by the person consenting to the adoption as required in this chapter.
3. Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property . [by NRS 111.240 to 111.305, inclusive.]
4. Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.
κ1993 Statutes of Nevada, Page 205 (CHAPTER 115, AB 362)κ
5. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:
(a) The welfare division of the department of human resources;
(b) An agency licensed in this state to place children for adoption;
(c) A comparable state or county agency of another state; or
(d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.
Sec. 22. NRS 278.374 is hereby amended to read as follows:
278.374 1. A final map presented for filing shall include a certificate signed and acknowledged, [pursuant to NRS 111.270,] in the manner provided in section 14 or 15 of this act, by any person who is the owner of the land:
(a) Consenting to the preparation and recordation of the final map.
(b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.
(c) Reserving any parcel from dedication.
(d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.
2. For the purpose of this section the following shall be deemed not to be an interest in land under this section:
(a) A lien for taxes or special assessments.
(b) A trust interest under a bond indenture.
3. Upon the final map presented for filing by a common-interest community, a title company must, and for any other subdivision a local government may by ordinance require a title company to:
(a) Certify that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and
(b) List any lien or mortgage holders of record. For a common-interest community, the certificate must show that there are no liens against the common-interest community or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.
Sec. 23. NRS 111.250, 111.255, 111.260, 111.270, 111.280, 111.290, 111.295, 111.300 and 111.305 are hereby repealed.
________
κ1993 Statutes of Nevada, Page 206κ
Assembly Bill No. 419 — Assemblymen Carpenter, de Braga, Neighbors, Hettrick, Dini, Collins and Marvel
CHAPTER 116
AN ACT relating to dams; revising the provisions requiring the approval of the state engineer of plans for the construction of dams; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 535.010 is hereby amended to read as follows:
535.010 1. Any person [, firm, association or corporation] proposing to construct a dam in this state shall, before beginning construction, obtain from the state engineer a permit to appropriate, store and use the water to be impounded by or diverted by the dam.
2. Any such person [, firm, association or corporation] obtaining or possessing such a permit shall:
(a) Before constructing, reconstructing or altering in any way any dam, notify the state engineer thereof; and
(b) Where the dam is or will be [10] 20 feet or more in height , measured from the downstream toe to the crest of the dam, or is less than [10] 20 feet in height and will impound more than [10] 20 acre-feet of water, submit to the state engineer in triplicate plans and specifications thereof for his approval 30 days before construction is to begin.
3. The state engineer shall examine such plans and specifications and if he approves them he shall return one copy with his approval to the applicant. If the state engineer disapproves any part of [such] the plans and specifications he shall return them to the applicant for correction or revision.
4. The construction and use of any dam is prohibited before approval of the plans and specifications by the state engineer.
5. The state engineer may at any time inspect or cause to be inspected the construction work while it is in progress [in order] to determine that it is being done in accordance with the approved plans and specifications.
6. This section applies to new construction, reconstruction and alteration of old structures.
7. The provisions of this section relating to approval of plans and specifications and inspection of dams do not apply to works constructed by the United States Bureau of Reclamation or the United States Army Corps of Engineers; but such federal agencies shall file duplicate plans and specifications with the state engineer.
8. Any person beginning the construction of any dam before approval of the plans and specifications by the state engineer, or without having given the state engineer 30 days advance notice of any proposed change, reconstruction or alteration thereof, is guilty of a misdemeanor. Each day of violation of this section constitutes a separate offense and is separately punishable.
________
κ1993 Statutes of Nevada, Page 207κ
Senate Bill No. 64 — Committee on Human Resources and Facilities
CHAPTER 117
AN ACT relating to medical facilities; redefining surgical center for ambulatory patients for the purpose of licensure and regulation; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.019 is hereby amended to read as follows:
449.019 Surgical center for ambulatory patients means a facility with limited medical services available for diagnosis or treatment of patients by surgery [under anesthesia,] where the patients recovery, in the [concurring opinions] opinion of the surgeon [and anesthesiologist,] , will not require care as a patient in the facility for more than 24 hours.
________
Senate Bill No. 127 — Committee on Natural Resources
CHAPTER 118
AN ACT relating to underground storage tanks; requiring the state environmental commission to coordinate the adoption of regulations and collection of fees related to underground storage tanks; requiring the department of taxation to develop a program to consolidate the collection of fees related to the management of underground storage tanks; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission shall coordinate:
(a) The collection of fees related to underground storage tanks;
(b) The adoption of regulations governing underground storage tanks; and
(c) The standardization of forms used by the agencies of the state and local governments that regulate underground storage tanks for reporting information relating to such storage tanks.
2. Each agency of this state and local government that regulates underground storage tanks shall, in consultation with the commission:
(a) Cooperate to eliminate any duplication, conflicts or inconsistencies in regulations adopted to govern underground storage tanks;
(b) Review periodically the forms for reporting information related to underground storage tanks to determine whether they are complete and easy to understand and, if appropriate, revise the forms accordingly;
κ1993 Statutes of Nevada, Page 208 (CHAPTER 118, SB 127)κ
(c) Cooperate to develop a uniform format for reporting information related to underground storage tanks;
(d) Cooperate to ensure that agencies of local governments that respond to emergencies involving underground storage tanks receive reports of those emergencies in a timely manner; and
(e) Consolidate the collection of fees related to underground storage tanks.
Sec. 2. NRS 459.800 is hereby amended to read as follows:
459.800 As used in NRS 459.800 to 459.856, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 459.802 to 459.820, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. 1. The department of taxation shall, in cooperation with the state environmental commission, develop a program to consolidate the collection of fees related to the management of underground storage tanks. The department shall report its findings and recommendations for the program to the 68th session of the Nevada legislature.
2. As used in this section, storage tank has the meaning ascribed to it in NRS 459.820.
________
Senate Bill No. 173 — Committee on Government Affairs
CHAPTER 119
AN ACT relating to state records; creating the committee to approve schedules for the retention and disposition of official state records and prescribing its powers and duties; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The commission to approve schedules for the retention and disposition of official state records, consisting of six members, is hereby created.
2. The committee consists of:
(a) The secretary of state;
(b) The attorney general;
(c) The director of the department of administration;
(d) The state librarian;
(e) The director of the department of data processing; and
(f) One member who is a representative of the general public appointed by the governor.
All members of the committee, except the representative of the general public, are ex officio members of the committee.
3. The secretary of state or a person designated by him shall serve as chairman of the committee. The state librarian shall serve as secretary of the committee and prepare and maintain the records of the committee.
κ1993 Statutes of Nevada, Page 209 (CHAPTER 119, SB 173)κ
4. The committee shall meet at least quarterly and may meet upon the call of the chairman.
5. An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.
6. The committee may adopt rules and regulations for its management.
Sec. 3. The committee shall:
1. Review and approve or disapprove the schedules for the retention and disposition of the official state records of each agency, board and commission which is required to develop those schedules pursuant to NRS 239.080.
2. Advise the division concerning the development and use of schedules for the retention and disposition of official state records.
Sec. 4. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [division] :
1. Committee means the committee to approve schedules for the retention and disposition of official state records; and
2. Division means the division of archives and records of the state library and archives.
Sec. 5. NRS 239.080 is hereby amended to read as follows:
239.080 1. An official state record may be disposed of only in accordance with a schedule for retention and disposition which is approved by the [state board of examiners.] committee.
2. In cooperation with the division, each agency, board and commission shall develop a schedule for the retention and disposition of each type of official state record.
3. [Each such schedule must be submitted to the state board of examiners for final approval.
4. For the purpose of] The division shall submit the schedules described in subsection 2 to the committee for final approval.
4. As used in this section, official state record includes [records:
(a) Which are made or received by the officers or employees of a state agency in the performance of their public duties; and
(b) Whose preparation or maintenance was supported by public money.] , without limitation, any:
(a) Papers, unpublished books, maps and photographs;
(b) Information stored on magnetic tape or computer, laser or optical disc;
(c) Materials which are capable of being read by a machine, including microforms and audio and visual materials; and
(d) Materials which are made or received by a state agency and preserved by that agency or its successor as evidence of the organization, operation, policy or any other activity of that agency or because of the information contained in the material.
________
κ1993 Statutes of Nevada, Page 210κ
Senate Bill No. 263 — Committee on Natural Resources
CHAPTER 120
AN ACT relating to mining; revising certain provisions concerning the fees charged in connection with mining reclamation; repealing the prospective expiration of certain provisions; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 519A.250 is hereby amended to read as follows:
519A.250 1. An operator who is required by federal law to file a plan of operation [,] or an amended plan of operation [or a notice of intent] with the United States Bureau of Land Management or the United States Forest Service for operations relating to mining or exploration on public land administered by a federal agency, shall, not later than 30 days after approval of the plan or amended plan, [or within 30 days after filing a notice,] provide the department of minerals with a copy of the filing and pay [the following fee] to the department of minerals [:
(a) For a plan of operation or an amended plan of operation filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay] a fee of $20 for each acre or part of an acre of land to be disturbed by mining included in the plan or incremental acres to be disturbed [under] pursuant to an amended plan.
[(b) For a notice of intent filed with the United States Bureau of Land Management or the United States Forest Service, the operator shall pay a fee of $20.]
2. The department of minerals shall adopt by regulation a method of refunding a portion of the [fees] fee required by this section if a plan of operation is amended to reduce the number of acres or part of an acre to be disturbed [under] pursuant to the amended plan. The refund must be based on the reduced number of acres or part of an acre to be disturbed.
3. All money received by the department of minerals pursuant to subsection 1 must be accounted for separately and used by the department of minerals to create and administer [a program for the] programs for:
(a) The abatement of hazardous conditions existing at abandoned mine sites which have been identified and ranked pursuant to the degree of hazard established by regulations adopted by the department of minerals [.] ; and
(b) The education of the public concerning the dangers of the hazardous conditions described in paragraph (a).
All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the department of minerals.
4. On or before February 1 of each odd-numbered year, the department of minerals shall file a report with the governor and the legislature describing its activities, total revenues and expenditures pursuant to this section.
κ1993 Statutes of Nevada, Page 211 (CHAPTER 120, SB 263)κ
Sec. 2. Section 35 of chapter 599, Statutes of Nevada 1989, as amended by section 2 of chapter 855, Statutes of Nevada 1989, at page 2064, is hereby amended to read as follows:
Sec. 35. 1. This section and sections 17, 26 and 30 to 34, inclusive, of this act, become effective upon passage and approval.
2. The remaining sections of this act become effective on October 1, 1990.
[3. The provisions of section 26 of this act expire by limitation on July 1, 1994. Any money in the account for the abatement of hazardous conditions must not be committed for expenditure after June 30, 1994, and must be transferred to the fund for the department of minerals as soon as all payments of money committed have been made.]
________
Senate Bill No. 270 — Committee on Government Affairs
CHAPTER 121
AN ACT relating to public investments; clarifying the types of investments that county school districts may purchase; making various changes relating to such investments; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in subsection 2 and in NRS 354.750, a board of county commissioners , a board of trustees of a county school district or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.
(d) Obligations of [the United States Postal Service or the Federal National Mortgage Association,] an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years from the date of purchase.
κ1993 Statutes of Nevada, Page 212 (CHAPTER 121, SB 270)κ
(e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 20 percent of the money available to a local government for investment [.] as determined on the date of purchase.
(i) Obligations of state and local governments if:
(1) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(2) The obligation has been rated A or higher by one or more nationally recognized bond credit rating agencies.
(j) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) Is purchased from a registered broker-dealer;
(2) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(3) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total portfolio [,] as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible.
(k) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated [AAA] by a nationally recognized rating service [;] as AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
2. The securities described in paragraphs (a), (b) and (c) of subsection 1 may be purchased when, in the opinion of the board of county commissioners , the board of trustees of a county school district or the governing body of the city, there is sufficient money in any fund of the county , the school district or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners , the board of trustees of a county school district or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be created to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
κ1993 Statutes of Nevada, Page 213 (CHAPTER 121, SB 270)κ
amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
4. Any interest earned on money invested pursuant to subsection 2, may, at the direction of the board of county commissioners , the board of trustees of a county school district or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county , school district or incorporated city.
5. The board of county commissioners , the board of trustees of a county school district or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county , school district or incorporated city.
6. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
Sec. 2. NRS 355.175 is hereby amended to read as follows:
355.175 1. The governing body of any local government or agency, whether or not it is included in the provisions of chapter 354 of NRS, may:
(a) Direct its treasurer or other appropriate officer to invest its money or any part thereof in any investment which is lawful for a county , a school district or incorporated city pursuant to NRS 355.170; or
(b) Allow a county treasurer to make such investments through a pool as provided in NRS 355.168.
2. In case of conflict, any order made pursuant to paragraph (a) of subsection 1 takes precedence over any other order concerning the same money or funds pursuant to subsection 4 of NRS 355.170.
3. Any interest earned from investments made pursuant to this section must be credited, at the discretion of the local governing unit, to any fund under its control, but the designation of the fund must be made at the time of investment of the principal.
________
κ1993 Statutes of Nevada, Page 214κ
Senate Bill No. 283 — Committee on Government Affairs
CHAPTER 122
AN ACT relating to state parks; repealing the requirements relating to notice of meetings of the state park advisory commission which are supplementary to the general requirements relating to notice of all meetings for public bodies; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.033 is hereby amended to read as follows:
407.033 1. The members of the commission may meet at such times and at such places as are specified by the call of the chairman or a majority of the commission and a meeting of the commission may be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the administrator.
2. [The commission shall give notice of any proposed meeting, other than an emergency meeting, at least 30 days before the meeting. The notice must contain an agenda of all matters to be considered, including without limitation any matter involving a change in any fee permitted to be charged under this chapter. The commission shall send a copy of each notice to every member of the legislature.
3.] Four members of the commission constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
[4.] 3. Minutes of each meeting, regular or special, must be filed in the office of the division and are public records.
________
Senate Bill No. 318 — Committee on Government Affairs
CHAPTER 123
AN ACT relating to public finance; reconciling provisions for reporting by school districts; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.602 is hereby amended to read as follows:
354.602 1. Within 45 days after September 30, December 31 [,] and March 31 and within [90 days] 5 months, or in the case of a school district 4 months, after June 30 of each year, the governing board of each local government shall cause to be published a report in the form prescribed by the department of taxation showing, for each item of detailed estimate required by NRS 354.600, the amount estimated and the amount actually received or expended. Any approved budget augmentation or short-term financing received [shall] must be included and briefly explained in a footnote.
κ1993 Statutes of Nevada, Page 215 (CHAPTER 123, SB 318)κ
received [shall] must be included and briefly explained in a footnote. A copy of [such report shall] the report must be filed immediately:
(a) With the department of taxation;
(b) In the case of school districts, with the state department of education;
(c) With any employee organization upon the written request of the employee organization recognized by [such] the local government; and
(d) In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.
2. The governing board of each local government employer shall also supply, upon request by any organization entitled to request a report pursuant to paragraph (c) of subsection 1, a copy of each preliminary budget report or other fiscal report pertaining to the financial status of the local government, as [such] those reports are prepared for use and consideration by the local government in the preparation of the budget or its amendments. The contents of [such] those reports shall be superseded as to the period covered by any final budget or amendment thereof.
Sec. 2. NRS 354.603 is hereby amended to read as follows:
354.603 [Notwithstanding any other provisions of law:]
1. The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation , or the legal successor of either insurer, for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:
(a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.
(b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.
(c) The [board of trustees of the county school district, the] board of hospital trustees of the county hospital or the board of trustees of the consolidated library district submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor [,] and the board of county commissioners . [, and, in the case of the board of trustees of the county school district, to the department of education.] The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.
κ1993 Statutes of Nevada, Page 216 (CHAPTER 123, SB 318)κ
shall give a full account and record of all money in such an account upon request of the board of county commissioners.
2. The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:
(a) The county school district fund; and
(b) The county school district building and sites fund.
3. The separate account established by the board of county hospital trustees is designated the county hospital fund.
4. The separate account of the board of trustees of the consolidated library district established under the provisions of this section must be composed of:
(a) The fund for the consolidated library; and
(b) The fund for capital projects of the consolidated library.
5. No expenditures from an account may be made in excess of the balance of the account.
6. Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.
7. The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district is entitled to a hearing before the board of county commissioners.
Sec. 3. NRS 387.220 is hereby amended to read as follows:
387.220 1. If any county treasurer or county auditor [shall fail or neglect] fails or neglects to perform the duties required of him by NRS 387.210 [, 387.215 and NRS] and 354.603, he shall forfeit for the benefit of the county school district fund the sum of $100 from his official compensation.
2. Upon notification by the superintendent of public instruction of such a failure or neglect on the part of the county treasurer or county auditor, the board of county commissioners shall deduct $100 from [the] his official compensation [of such county treasurer or county auditor] and shall place the [same] money to the credit of the county school district fund.
Sec. 4. NRS 387.215 is hereby repealed.
Sec. 5. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 217κ
Senate Bill No. 319 — Committee on Government Affairs
CHAPTER 124
AN ACT relating to state parks; creating an account for the division of state parks; authorizing the administrator of the division to expend the money in the account to repair and maintain state parks, monuments and recreational areas; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for the division of state parks is hereby created in the state general fund. Any amount of fees collected pursuant to subsection 4 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the divisions budget for the fiscal year beginning in that calendar year, must be deposited in the account for the division of state parks. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
2. The money in the account for the division of state parks does not lapse to the state general fund at the end of any fiscal year.
3. The money in the account for the division of state parks must only be used to repair and maintain state parks, monuments and recreational areas.
4. Before the administrator may expend money pursuant to subsection 3:
(a) For emergency repairs, he must first receive the approval of the director.
(b) For purposes other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.
Sec. 2. NRS 407.065 is hereby amended to read as follows:
407.065 The administrator, subject to the approval of the director, may:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and [recreation] recreational areas for the use of the general public.
2. Protect state parks and property controlled or administered by [it] the division from misuse or damage and preserve the peace within those areas. At the discretion of the administrator, rangers and employees of the division have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division. The administrator may appoint or designate certain employees of the division to have the general authority of peace officers.
3. Allow multiple use of the state parks and real property controlled or administered by [it] the division for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be adopted in furtherance of the purposes of the division.
κ1993 Statutes of Nevada, Page 218 (CHAPTER 124, SB 319)κ
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees for them . [, which] Except as otherwise provided in subsection 1 of section 1 of this act, the fees collected pursuant to this subsection must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.
6. Establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.
Sec. 3. 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, subsection 6 of NRS 445.700 , [and] NRS 538.650 [.] and paragraph (b) of subsection 4 of section 1 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.
κ1993 Statutes of Nevada, Page 219 (CHAPTER 124, SB 319)κ
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. 4. This act becomes effective on July 1, 1993.
________
Senate Bill No. 330 — Senator Nevin
CHAPTER 125
AN ACT relating to the board for the regulation of liquefied petroleum gas; revising the qualifications of certain members of the board; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.485 is hereby amended to read as follows:
590.485 1. The board for the regulation of liquefied petroleum gas, consisting of six members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) One member who is a volunteer fireman in a rural area of this state.
(b) One member who is a fireman employed by the fire department of a city in this state.
(c) Two members who [are or who have] :
(1) Are or have been engaged in the sale or distribution of liquefied petroleum gas in this state [.] ; and
(2) Have a working knowledge of and actual experience in the daily operation of a business classified pursuant to the provisions of subsection 1 of NRS 590.575.
κ1993 Statutes of Nevada, Page 220 (CHAPTER 125, SB 330)κ
Each member appointed pursuant to this paragraph may be appointed from a separate list of three nominees for appointment if such a list of nominees is provided to the governor by the Nevada Propane Dealers Association.
(d) Two members who are representatives of the general public.
3. After the initial terms, the members of the board must be appointed to terms of 4 years.
4. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
5. Each member of the board is entitled to receive a salary of not more than $80 per day, as fixed by the board, while engaged in the business of the board.
6. While engaged in the business of the board, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. The salaries, per diem allowances and travel expenses of the members and employees of the board must be paid out of the money of the board, after approval by a majority of the board.
8. No more than three members of the board may belong to the same political party.
Sec. 2. The amendatory provisions of section 1 of this act do not apply to any person who, on the effective date of this act, is a member of the board for the regulation of liquefied petroleum gas until the expiration of his term of office.
________
Senate Bill No. 336 — Committee on Finance
CHAPTER 126
AN ACT relating to the commissioner for veteran affairs; allowing the commissioner to collect a fee for acting as the guardian of certain estates; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) [Any] The minor child of [any] a deceased veteran.
(b) [Any] An insane or incompetent veteran.
(c) [Any] A person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for [such] the person.
2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of [moneys] money paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
κ1993 Statutes of Nevada, Page 221 (CHAPTER 126, SB 336)κ
property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. [No fee may be allowed or paid to the commissioner for acting as guardian.] If a person for whom the commissioner acts as guardian receives a monthly income of $500 or more, the commissioner may charge a fee of 5 percent of the income of the estate of the person to pay for the expenses of providing the guardianship service.
________
Senate Bill No. 341 — Committee on Natural Resources
CHAPTER 127
AN ACT relating to watercraft; providing for the disposition of abandoned vessels and for the enforcement of liens against vessels; providing a penalty; and providing other matters properly relating thereto.
[Approved May 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A person shall not abandon a vessel upon a public waterway or public or private property without the consent of the owner or person in lawful possession or control of the property.
2. The abandonment of any vessel in a manner prohibited by subsection 1 is prima facie evidence that the last registered owner of record, unless he has notified the department of wildlife or other appropriate agency of his relinquishment of title or interest therein, is responsible for the abandonment. The person so responsible is liable for the cost of removal and disposition of the vessel.
3. A game warden, sheriff or other peace officer of this state may remove a vessel from a public waterway when:
(a) The vessel is left unattended and is adrift, moored, docked, beached or made fast to land in such a position as to interfere with navigation or in such a condition as to create a hazard to other vessels using the waterway, to public safety or to the property of another.
(b) The vessel is found upon a waterway and a report has previously been made that the vessel has been stolen or embezzled.
(c) The person in charge of the vessel is by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal.
(d) An officer arrests a person operating or in control of a vessel for an alleged offense, and the officer is required or permitted to take, and does take, the person arrested before a magistrate without unnecessary delay.
κ1993 Statutes of Nevada, Page 222 (CHAPTER 127, SB 341)κ
(e) The vessel seriously interferes with navigation or otherwise poses a critical and immediate danger to navigation or to the public health, safety or welfare.
Sec. 3. 1. A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he believes the property to be abandoned. The property owner must give 5 days notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer.
2. A peace officer shall:
(a) Within 48 hours after directing the removal of an abandoned vessel on public waterway or public or private property, notify the department of wildlife of the vessels status; and
(b) Notify the last registered owner and any person known to have a security interest in the vessel by registered or certified mail that the vessel has been removed as abandoned and may be disposed of by sale pursuant to NRS 108.670 to 108.760, inclusive, or destroyed, unless the owner or a holder of a security interest pays the costs of removal and storage.
3. Failure to reclaim the vessel within 180 days constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes.
4. If all recorded interests in a vessel are waived, as provided in subsection 3 or by written disclaimer, the department of wildlife may issue a certificate of ownership to the agency that removed the abandoned vessel.
5. After all liens have been satisfied, any proceeds remaining from the sale of an abandoned vessel pursuant to NRS 108.670 to 108.760, inclusive, must be deposited in the boat account maintained for the department.
Sec. 4. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the board of wildlife commissioners.
2. Flat wake means the condition of the water close astern a moving vessel that results in a flat wave disturbance.
3. Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
4. Motorboat means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion . [, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.]
5. Operate means to navigate or otherwise use a motorboat or a vessel.
6. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he lends, rents or pledges the vessel; and
(b) A debtor under a security agreement relating to a vessel.
κ1993 Statutes of Nevada, Page 223 (CHAPTER 127, SB 341)κ
Owner does not include a person defined as a legal owner under subsection 3.
7. Registered owner means the person registered by the commission as the owner of a vessel.
8. A vessel is under way if it is adrift, making way, or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.
9. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[9.] 10. Waters of this state means any waters within the territorial limits of this state.
Sec. 5. NRS 108.670 is hereby amended to read as follows:
108.670 1. [Every boat or vessel used in navigating the waters of this state or constructed] A vessel in this state is subject to a lien [:
(a) For] for wages due to persons employed, for work done or services rendered on board the [boat or vessel.
(b) For all debts due for the moving and storage of the boat or vessel if it is found to be abandoned on any property.
(c) For all debts due to persons, firms or corporations by virtue of a contract, express or implied, with the owners of a boat or vessel, or with the agents, contractors or subcontractors of the owner, or with any person having them employed to construct, repair or launch the boat or vessel, for labor done or materials furnished by mechanics, tradesmen or others in the building, repairing, fitting and furnishing or equipping the boat or vessel, or for stores or supplies furnished for the use thereof, or for launchways constructed for the launching of the boat or vessel.
(d) For all sums for warehousing, storage, wharfage, anchorage or towage of a boat or vessel within this state.
(e) For all costs incurred in enforcing the lien.] vessel.
2. A person engaged in the business of buying or selling or keeping a shop or place for the storage, maintenance, keeping or repair of vessels or rental of spaces for vessels and who in connection therewith stores, maintains, keeps or repairs a vessel or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or his representative, or at the direction of any peace officer or other authorized person who orders the towing or storage of a vessel through any action permitted by law, has a lien upon the vessel or any part or parts thereof for the sum due for towing, storing, maintaining, keeping or repairing the vessel or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing the lien.
3. Any person, firm or corporation entitled to a lien as provided in subsection 1 or 2 may, without process of law, detain the [boat or] vessel at any time it is lawfully in his possession until the sum due to him is paid.
[3. The classes of claims specified in subsection 1 have priority according to the order in which they are enumerated.]
4. The liens described in subsection 1 have priority over the liens described in subsection 2.
κ1993 Statutes of Nevada, Page 224 (CHAPTER 127, SB 341)κ
Sec. 6. NRS 108.680 is hereby amended to read as follows:
108.680 1. [Any] A holder of a lien under the provisions of NRS 108.670 [shall] does not lose [such] his lien by reason of allowing the [boat or] vessel to be removed from his control.
2. In case a [boat or] vessel is so removed, the lienholder may, without further process of law, seize [such boat or] the vessel wherever [the same] it may be found within [the State of Nevada.] this state.
Sec. 7. NRS 108.690 is hereby amended to read as follows:
108.690 To the extent that a lien or the aggregate of several liens acquired as provided in NRS 108.670 to 108.760, inclusive, exceeds [$300,] $1,000, it is secondary to a perfected security interest in the [boat or] vessel.
Sec. 8. NRS 108.700 is hereby amended to read as follows:
108.700 [The] A lien created in NRS 108.670 to 108.760, inclusive, [shall] does not deprive [any lienholder] the holder of any other remedy allowed by law [to a creditor against his debtor.] for the collection of charges and advances which he has made in connection with work or services, or supplies, facilities or accessories furnished for, on or about a vessel pursuant to an express or implied contract between the lienholder and the owner, or a representative of the owner, of the vessel.
Sec. 9. NRS 108.710 is hereby amended to read as follows:
108.710 [The] A lien created in NRS 108.670 to 108.760, inclusive, may be satisfied as follows:
1. The lienholder shall give written notice to the person on whose account the charges secured by the lien were incurred and to any other person known to have or claim an interest in the [boat or] vessel upon which the lien is asserted.
2. The notice must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the person or persons to be notified, and if no address is known then addressed to the person or persons at the place where the [lien claimant] lienholder has his place of business.
3. The notice must contain:
(a) [An itemized] A statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A [brief] description of the [boat or] vessel against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as may accrue, must be paid on or before a day mentioned.
(d) A statement that unless the claim is paid within the time specified the [boat or] vessel will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
5. In accordance with the terms of a notice so given, a sale by auction may be held to satisfy any valid claim which has become a lien on the [boat or] vessel.
κ1993 Statutes of Nevada, Page 225 (CHAPTER 127, SB 341)κ
vessel. The sale must be held in the place where the lien was acquired, or, if the place is manifestly unsuitable for the purpose, at the nearest suitable place.
6. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the boat or vessel to be sold, and stating the name of the owner or person on whose account the sale is held, and the time and place of the sale, must be published once a week for [2] 3 consecutive weeks [, being three successive weekly issues,] in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in a newspaper having a general circulation in that place. The sale must not be held less than [15] 22 days from the time of the first publication.
7. From the proceeds of the sale the lienholder shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the [boat or] vessel.
Sec. 10. NRS 108.720 is hereby amended to read as follows:
108.720 At any time before [the boat or] a vessel is so sold, any person claiming a right of property or possession therein may pay the lienholder the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of [such] payment. The lienholder shall deliver the [boat or] vessel to the person making [such] payment, if he is a person entitled to the possession of the [same,] vessel, on payment of the charges thereon.
Sec. 11. NRS 108.730 is hereby amended to read as follows:
108.730 The remedy for enforcing the lien provided in NRS 108.670 to 108.760, inclusive, does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholders claim as [shall not be] is not paid by the proceeds of the sale of the property.
Sec. 12. NRS 108.740 is hereby amended to read as follows:
108.740 After a [boat or] vessel has been lawfully sold to satisfy a lien created in NRS 108.670 to 108.760, inclusive, the lienholder [shall not thereafter be] is not liable for failure to deliver the [boat or] vessel to [the] a previous owner or claimant.
Sec. 13. NRS 108.750 is hereby amended to read as follows:
108.750 [Nothing contained in] NRS 108.670 to 108.760, inclusive, [shall] do not preclude the owner of [any boat or] a vessel, or preclude any other person having an interest or equity in [and to the same,] the vessel, from contesting the validity of [such] a lien, and for this purpose all legal rights and remedies that such a person would [now] otherwise have are reserved to and retained by him; but after [such] a sale has been made to an innocent third party the [lien claimant shall be] lienholder is solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the [lien claimant] lienholder to proceed in the manner [herein provided.] provided in those sections.
κ1993 Statutes of Nevada, Page 226 (CHAPTER 127, SB 341)κ
Sec. 14. NRS 108.760 is hereby amended to read as follows:
108.760 [Any person or persons incurring] A person who incurs a bill upon a [boat or] vessel without the authority of the owner thereof, or by misrepresentation, [shall be] is guilty of a misdemeanor.
________
Senate Bill No. 308 — Committee on Government Affairs
CHAPTER 128
AN ACT relating to the City of Sparks; providing for the appointment of a court administrator and judicial assistants for the municipal court; providing for the selection of an administrative judge; authorizing the mayor to appoint alternate judges; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto new sections to be designated as sections 4.023 and 4.025, respectively, to read as follows:
Sec. 4.023 Municipal court: Court administrators.
1. The administrative judge may appoint a court administrator and prescribe his duties. After appointing a court administrator, the administrative judge shall file in the personnel office of the City of Sparks a description of the duties of the court administrator. The city council may appropriate the money it considers proper to compensate a court administrator.
2. The court administrator serves at the will of the administrative judge and may be removed without cause. A decision by the administrative judge to remove a court administrator is final. If a court administrator is removed, the money appropriated by the city council for his compensation reverts to the municipal general fund as soon as all payments of money committed have been made.
Sec. 4.025 Municipal court: Judicial assistants.
1. The administrative judge may appoint a judicial assistant. Each municipal judge may appoint a judicial assistant if authorized by the city council. The city council may appropriate the money it considers proper to compensate a judicial assistant.
2. A judicial assistant serves at the will of the judge who appointed him and may be removed without cause. A decision to remove a judicial assistant is final. If a judicial assistant is removed, the money appropriated by the city council for his compensation reverts to the municipal general fund as soon as all payments of money committed have been made.
κ1993 Statutes of Nevada, Page 227 (CHAPTER 128, SB 308)κ
Sec. 2. Section 4.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 208, Statutes of Nevada 1985, at page 676, is hereby amended to read as follows:
Sec. 4.010 Municipal court.
[The mayor, with the consent of a majority of the city council, may establish a second department of the municipal court. The mayor shall appoint the additional municipal judge to serve until the next general municipal election.] There is a municipal court of the city which consists of two departments. Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by chapter 5 of NRS which relates to municipal courts.
Sec. 3. Section 4.020 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 253, Statutes of Nevada 1989, at page 547, is hereby amended to read as follows:
Sec. 4.020 Municipal court: [Judge.] Judges; salary; administrative judge; alternate judges.
1. A municipal judge shall not engage in any other business or occupation without the approval of the city council.
2. The salary of a municipal judge must be fixed by ordinance and be uniform for [all] both departments of the municipal court. The salary may not be decreased but may be increased during the terms for which the judges are elected or appointed.
3. The municipal judge who holds seniority in years of service in office, either elected or appointed, may serve as the administrative judge. If he chooses not to serve as administrative judge, the remaining municipal judge may serve as the administrative judge. If both judges are equal in seniority and wish to serve as the administrative judge, the administrative judge must be chosen from among them by the mayor. The administrative judge:
(a) Shall establish and enforce administrative regulations for governing the affairs of the municipal court.
(b) Is responsible for setting trial dates and other matters which pertain to the calendar of the court.
(c) Shall perform such other administrative duties of the court as may be required by the city council.
4. Alternate judges in sufficient numbers may, upon ratification by the city council, be appointed annually by the mayor. An alternate judge:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada, a justice of the peace in Washoe County or a retired judge, and have such other qualifications as may be prescribed by ordinance.
(b) Has all the powers and jurisdiction of a municipal judge while he is acting as such.
(c) Is entitled to such compensation as may be fixed by the city council.
________
κ1993 Statutes of Nevada, Page 228κ
Assembly Bill No. 258 — Committee on Government Affairs
CHAPTER 129
AN ACT relating to the City of Sparks; making various changes to the city charter; making a misdemeanor under the laws of this state punishable by the city if committed therein; imposing certain residency and voting requirements upon the city attorney; revising certain provisions concerning appointive positions; changing the format for amending existing ordinances; expanding the power of the mayor and city clerk to administer oaths; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be designated as section 2.095 to read as follows:
Sec. 2.095 Powers of city council: Police ordinances.
1. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the state.
2. Any offense which is made a misdemeanor by the laws of the state shall be deemed also to be a misdemeanor against the city whenever that offense is committed within the city.
Sec. 2. Section 1.060 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 253, Statutes of Nevada 1989, at page 546, is hereby amended to read as follows:
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elected officers of the city consist of:
(a) A mayor.
(b) Five members of the council.
(c) A city attorney.
(d) Municipal judges, the number to be determined pursuant to section 4.010.
2. All elective officers of the city [, except the city attorney,] must be:
(a) Bona fide residents of the city for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.
(b) Residents of the city during their term of office, and, in the case of a member of the council, a resident of the ward the members represents.
(c) Registered voters within the city.
3. No person may be elected or appointed as a member of the council who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.
4. The city attorney must be a [registered voter in the State of Nevada and a] licensed member of the State Bar of Nevada.
κ1993 Statutes of Nevada, Page 229 (CHAPTER 129, AB 258)κ
5. Each elective officer is entitled to receive a salary in an amount fixed by the city council. At any time before January 1 of the year in which a general municipal election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the [1st] first Monday following that election. This ordinance may not be amended to increase or decrease the salary for the office of mayor, city councilman or city attorney during the term. If the city council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers [must] are entitled to receive the same salaries as their respective predecessors.
Sec. 3. Section 1.080 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 790, is hereby amended to read as follows:
Sec. 1.080 Appointive positions.
1. The mayor of the city shall appoint a city manager, subject to confirmation by the city council.
2. [The city council may establish such other appointive positions as it considers necessary for the operation of the city by designating the position by ordinance. A copy of the description of duties must be filed in the personnel office.
3. In addition to the city manager, appointive positions are limited to:
(a) The head of each department and division;
(b) Positions within the office of the city manager who report directly to him and possess peculiar and exceptional qualifications of a scientific or professional nature;
(c) Other positions appointed by the city manager which require special qualifications considered necessary by him, but the total number of such positions must not exceed 3 percent of the total classified employees of the city;
(d) In the fire and police departments, the chief and one technical assistant, who may not supervise any other employees; and
(e) The city clerk.
Appointment to these positions must be made by the city manager, subject to ratification of the city council.] Subject to confirmation by the city council, the city manager shall appoint:
(a) The heads of the fire and police departments and one technical assistant in each of those departments. A technical assistant may not supervise any other employees.
(b) Any employee employed in a bona fide executive, administrative or professional capacity. As used in this paragraph:
(1) Employee employed in a bona fide executive capacity has the meaning ascribed to it in 29 C.F.R. § 541.1, as that section existed on October 1, 1993.
(2) Employee employed in a bona fide administrative capacity has the meaning ascribed to it in 29 C.F.R. § 541.2, as that section existed on October 1, 1993.
(3) Employee employed in a bona fide professional capacity has the meaning ascribed to it in 29 C.F.R. § 541.3, as that section existed on October 1, 1993.
κ1993 Statutes of Nevada, Page 230 (CHAPTER 129, AB 258)κ
3. The city council shall create and revise as necessary a document which:
(a) Describes the organization of all departments, divisions and offices of the city; and
(b) Sets forth all appointive positions of the city.
Sec. 4. Section 2.050 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 730, is hereby amended to read as follows:
Sec. 2.050 Oaths and affirmations. The mayor and the city clerk may administer oaths and affirmations relating to any business pertaining to the city . [before the city council or to be considered by the city council.]
Sec. 5. Section 2.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 730, is hereby amended to read as follows:
Sec. 2.070 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. An ordinance [shall] must not be passed except by bill and by a majority vote of the whole city council. The style of all ordinances [shall] must be as follows: The City Council of the City of Sparks does ordain:.
2. A bill [shall] must not contain more than one subject, which [shall] must be briefly indicated in the title. Where the subject of the ordinance is not [so] expressed in the title, the bill is void as to the matter not expressed in the title.
3. Any bill which amends an existing ordinance [shall set] must:
(a) Set out in full the ordinance or sections thereof to be amended [, and shall indicate] ;
(b) Indicate any matter to be omitted by [enclosing it in brackets and shall indicate] lining or striking through it; and
(c) Indicate any new matter by [underscoring or by italics.] highlighting.
Sec. 6. Section 2.090 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 717, is hereby amended to read as follows:
Sec. 2.090 Powers of city council: General areas. The city council may exercise any power specifically granted in this chapter or by any of the provisions of Nevada Revised Statutes not in conflict with this chapter, in order to:
1. License all businesses, trades and professions for purposes of regulation and revenue.
2. Enact and enforce [police and] fire ordinances.
3. Regulate the construction and maintenance of any building or other structure within the city.
4. Provide for safeguarding of public health in the city.
5. Zone and plan the city, including the regulation of subdivision of land, as prescribed by chapter 278 of NRS.
6. Acquire, control, lease, dedicate, sell and convey rights of way, parks and other real property.
κ1993 Statutes of Nevada, Page 231 (CHAPTER 129, AB 258)κ
7. Regulate vehicular traffic and parking of vehicles.
8. Establish and maintain a sanitary sewer system.
9. Condemn property within the territorial limits of the city, as well as property outside the territorial limits of the city, in the manner prescribed by chapter 37 of NRS.
10. Regulate, prescribe the location for, prohibit or suppress all businesses selling alcoholic liquors at wholesale or retail.
11. Regulate, prescribe the location for, prohibit or suppress gaming of all kinds.
Sec. 7. Section 3.050 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1317, is hereby amended to read as follows:
Sec. 3.050 City attorney: Duties; [assistants.] assistant city attorneys.
1. The city attorney shall:
(a) Be the legal officer of the city.
(b) Represent the city and any officer or employee or former officer or employee of the city, for any act arising out of his employment or duties, in any action or proceeding in which the city or such officer or employee is concerned or is a party.
(c) Perform such duties as may be designated by ordinance.
(d) Attend all regular, special and emergency meetings of the city council, and may attend executive sessions concerning public officers.
(e) Approve any contract made by and any bond or security given to the city endorsing his approval in writing on the document.
(f) Prepare all proposed ordinances and review all resolutions and amendments to the ordinances or resolutions.
(g) Not engage in any other business or occupation nor in the private practice of law without the approval of the city council.
2. The city attorney may appoint and remove or discharge [assistants] assistant city attorneys pursuant to ordinances adopted relating thereto. The city council may appropriate the money it considers proper to compensate such assistants.
3. [A person appointed by the city attorney to any position may be] An assistant city attorney who is removed from [that] his position by the city attorney [. The person so removed] has the right of appeal to the mayor and city council and may demand a hearing before the city council. The demand must be made within 10 days after the removal. The decision of the city council upon the hearing is final.
Sec. 8. Section 1.170 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1312, is hereby repealed.
Sec. 9. 1. This section and sections 1, and 3 to 8, inclusive, of his act become effective on October 1, 1993.
2. Section 2 of this act becomes effective on:
(a) October 1, 1993, for the purposes of the appointment of a person to fill a vacancy in the office of city attorney.
κ1993 Statutes of Nevada, Page 232 (CHAPTER 129, AB 258)κ
(b) January 1, 1995, for the purposes of electing a person to the office of city attorney to a term that begins on June 12, 1995.
(c) June 12, 1995, for all other purposes.
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Senate Bill No. 209 — Committee on Commerce and Labor
CHAPTER 130
AN ACT relating to manufactured buildings; adopting more recent edition of certain uniform codes for the purposes of statutory provisions governing manufactured buildings; authorizing the manufactured housing division of the department of commerce to adopt, by regulation, the most recent edition of the uniform codes; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 461.170 is hereby amended to read as follows:
461.170 1. [The] Unless the division has adopted a more recent edition pursuant to paragraph (b) of subsection 2, the following codes, in the form most recently published before January 1, [1985,] 1993, are hereby adopted for the purposes of this chapter.
(a) The Uniform Housing Code;
(b) The Uniform Building Code, as adopted by the International Conference of Building Officials;
(c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;
(d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;
(e) The National Electrical Code, as adopted by the National Fire Protection Association;
(f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials; and
(g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials.
2. The division may [adopt] :
(a) Adopt regulations necessary to carry out the provisions of this chapter and the uniform codes adopted by this section. [The regulations may be revised]
(b) Adopt, by regulation, the most recent edition of the codes specified in subsection 1.
κ1993 Statutes of Nevada, Page 233 (CHAPTER 130, SB 209)κ
(c) Revise the regulations when necessary to conform substantially to amendments to the uniform codes.
3. The codes and regulations adopted under this section do not prevent a local enforcement agency from imposing more stringent standards.
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Senate Bill No. 199 — Committee on Commerce and Labor
CHAPTER 131
AN ACT relating to the sale of mobile and manufactured homes; requiring the chief of the manufactured housing division of the department of commerce to adopt regulations to obtain information relating to the sale of mobile homes, manufactured homes and commercial coaches and to establish requirements for the issuance or transfer of title to such vehicle; requiring persons who are listed by the division as holding an ownership or other interest in a mobile or manufactured home to be notified of a lien on the home; and providing other matters properly relating thereto.
[Approved May 13, 1993]
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 a new section to read as follows:
The administrator shall adopt regulations:
1. Requiring a person who is buying or selling a manufactured home, mobile home or commercial coach pursuant to:
(a) A sale to satisfy a lien; or
(b) A contract for sale or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale,
to submit to the administrator such information regarding the sale as he deems necessary.
2. Establishing requirements for the issuance or transfer of a certificate of title or certificate of ownership of a mobile home, manufactured home or a commercial coach in cases involving:
(a) More than one transferor or transferee;
(b) A transferor or transferee who holds a certificate of title or certificate of ownership in trust for another person; or
(c) A sale to satisfy a lien.
Sec. 2. NRS 489.511 is hereby amended to read as follows:
489.511 1. [When] If a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a dealer or rebuilder, the seller shall complete a dealers or rebuilders report of sale. The report must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home or commercial coach, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
κ1993 Statutes of Nevada, Page 234 (CHAPTER 131, SB 199)κ
purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home or commercial coach, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the division, together with the endorsed certificate of title or certificate of ownership previously issued. The seller shall furnish one copy of the report of sale to the buyer at the time of the sale. Within 45 days after the sale, the seller shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home or commercial coach will be located.
3. If a used or rebuilt manufactured home, mobile home or commercial coach is sold by a dealer or rebuilder pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the seller shall submit to the division any information required by the regulations adopted by the administrator pursuant to section 1 of this act.
Sec. 3. NRS 489.521 is hereby amended to read as follows:
489.521 [When]
1. If a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall submit to the division within 45 days after the sale:
[1.] (a) If a certificate of ownership has been issued in this state, that certificate properly endorsed.
[2.] (b) If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
[(a)] (1) The certificate or document properly endorsed; and
[(b)] (2) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, mobile home or commercial coach, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.
[3.] (c) If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b) of subsection [2,] 1.
2. If a used or rebuilt manufactured home, mobile home or commercial coach is sold by a person who is not a dealer or rebuilder pursuant to an installment contract or other agreement by which the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer upon the sale, the seller or buyer, or both, shall submit to the division any information required by the regulations adopted by the administrator pursuant to section 1 of this act.
κ1993 Statutes of Nevada, Page 235 (CHAPTER 131, SB 199)κ
Sec. 4. NRS 108.272 is hereby amended to read as follows:
108.272 1. Except as otherwise provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of [the] :
(a) The legal owner and registered owner of [, and each] the property.
(b) Each person who holds a security interest in [,] the property . [, and if]
(c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the home.
If no address is known [then] , the notice must be addressed to that person at the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or parts shall:
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the property,
whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.
3. The notice must contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, mobile home or manufactured home against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
Sec. 5. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the mobile home or manufactured home, for the amount due, stating that a lien is claimed on the mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in, and every tenant or subtenant of, the mobile home or manufactured home, and to the manufactured housing division of the department of commerce, by registered or certified mail.
κ1993 Statutes of Nevada, Page 236 (CHAPTER 131, SB 199)κ
2. [For the purpose of obtaining] To obtain the name and address of a holder of a security interest or a person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes, manufactured homes, and commercial coaches as defined in chapter 489 of NRS.
(b) Department of motor vehicles and public safety with regard to all other vehicles.
The state agency shall supply that information from its records or, if the mobile home or manufactured home is registered in another state, territory or country, obtain the information from the appropriate agency of that state, territory or country.
3. A landlord who enforces a lien for unpaid rent may recover an amount equal to:
(a) The amount of the unpaid rent;
(b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.360, inclusive;
(c) The cost and fees ordered by a court in any action contesting the validity of a lien; and
(d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.
4. No mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the manufactured housing division of the department of commerce as holding an ownership or other interest in the mobile home or manufactured home by registered or certified mail stating that a sale by auction of the mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.
Sec. 6. The chief of the manufactured housing division of the department of commerce shall adopt the regulations required by section 1 of this act on or before January 1, 1994.
Sec. 7. 1. This section and sections 1 and 6 of this act become effective on July 1, 1993.
2. The remaining sections of this act become effective on January 1, 1994.
________
κ1993 Statutes of Nevada, Page 237κ
Senate Bill No. 164 — Committee on Judiciary
CHAPTER 132
AN ACT relating to remedies; requiring the welfare division of the department of human resources or a district attorney to initiate, under certain circumstances, the enrollment of a child in a plan of health insurance available to the parent of the child if the parent fails to comply with an order of a court requiring him to do so; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 31A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a court orders a parent to obtain health insurance for his child and the parent fails to comply with the order, the enforcing authority shall mail to the parents employer or labor organization by certified mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. The notice must include:
(a) The parents name and social security number;
(b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;
(c) The name, date of birth and social security number for the child; and
(d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.
2. No enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:
(a) The enforcing authority first notifies the parent by certified mail at his last known address of its intent to seek enrollment of the child; and
(b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:
(1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or
(2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.
3. Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. If enrollment is not open when the notice is received, the child must be enrolled as soon as the next period of enrollment is open. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parents plan. If the parents plan cannot be extended to cover the child, the child must be enrolled in the plan with the least expensive option for providing coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan.
κ1993 Statutes of Nevada, Page 238 (CHAPTER 132, SB 164)κ
employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parents plan of health insurance, the employer or labor organization shall notify the enforcing authority.
4. After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the childs coverage may be deducted from the parents wages. If the parents wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority.
5. A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.
6. If the requirements of subsection 2 have been complied with, a subsequent notice to enroll shall be sent to future employers of the parent or to other labor organizations to which the parent belongs. Any employer or labor organization receiving such a notice shall comply with the provisions of this section.
7. An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parents policy of health insurance.
8. The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.
________
Senate Bill No. 75 — Committee on Human Resources and Facilities
CHAPTER 133
AN ACT relating to adoption; requiring the welfare division of the department of human resources to establish criteria for investigating prospective adoptive homes and to provide prospective adoptive parents an opportunity to review and respond to an adverse investigation if certain powers and duties relating to the investigation of prospective adoptive homes are assigned to the division; and providing other matters properly relating thereto.
[Approved May 13, 1993]
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 a new section to read as follows:
The welfare division shall:
1. Adopt regulations setting forth the criteria to be used by the welfare division or a licensed child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption; and
κ1993 Statutes of Nevada, Page 239 (CHAPTER 133, SB 75)κ
2. If a determination is made pursuant to an investigation required by NRS 127.120 or section 2 of chapter 42, Statutes of Nevada 1993, that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the division before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.
________
Assembly Bill No. 370 — Committee on Education
CHAPTER 134
AN ACT relating to education; revising the prohibitions against disturbing the peace of a public school and against threatening or assaulting pupils and teachers; expanding the prohibition against threatening or assaulting pupils and teachers to include other school employees; providing a penalty; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.480 is hereby amended to read as follows:
392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language [, or by threatening or assaulting any pupil or teacher] within the building or grounds of the school. [For the purposes of this subsection, the grounds of every public school shall extend to a distance of 50 yards in all directions from the school building.] Any person who violates any of the provisions of this subsection [shall be] is guilty of a misdemeanor.
2. It is unlawful for any person to threaten or assault any pupil or school employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or
(c) At a location where the pupil or school employee is involved in an activity sponsored by a public school.
Except under circumstances described in paragraph (c) of subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
3. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a building of a public [schoolhouse] school for school district purposes. Any person who violates any of the provisions of this subsection [shall be] is guilty of a misdemeanor.
κ1993 Statutes of Nevada, Page 240 (CHAPTER 134, AB 370)κ
4. For the purposes of this section, school employee means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 347 — Committee on Judiciary
CHAPTER 135
AN ACT relating to divorce; requiring an equal disposition of the community property of the parties in a proceeding for divorce under certain circumstances; providing exceptions; and providing other matters properly relating thereto.
[Approved May 13, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125.150 is hereby amended to read as follows:
125.150 Unless [such] the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court:
(a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments [;] , as appears just and equitable; and
(b) Shall [make such] , to the extent practicable, make an equal disposition of [:
(1) The] the community property of the parties [; and
(2) Any property placed in joint tenancy by the parties on or after July 1, 1979,
as appears just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by the divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.] , except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
2. In any proceeding to terminate a marriage, the court may partition property held by the parties in joint tenancy upon:
(a) Request of either party to the proceeding; or
(b) Its own motion.
3. Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorneys fee to either party to an action for divorce if those fees are in issue under the pleadings.
4. In granting a divorce, the court may also set apart such portion of the husbands separate property for the wifes support, the wifes separate property for the husbands support or the separate property of either spouse for the support of their children as is deemed just and equitable.