[Rev. 2/12/2019 1:57:02 PM]
κ1993 Statutes of Nevada, Page 241 (CHAPTER 135, AB 347)κ
5. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
6. If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.
7. If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification.
8. In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
9. If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipients skills relating to a job, career or profession;
(2) Evaluation of the recipients abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employers costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
κ1993 Statutes of Nevada, Page 242 (CHAPTER 135, AB 347)κ
(II) College courses which are directly applicable to the recipients goals for his career; or
(III) Courses of training in skills desirable for employment.
________
Senate Bill No. 234 — Committee on Judiciary
CHAPTER 136
AN ACT relating to parole; requiring the department of parole and probation to approve or assist in the development of a plan for the placement of each prisoner who is released on parole; 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 213.140 is hereby amended to read as follows:
213.140 1. Whenever any prisoner becomes eligible for parole pursuant to this chapter or the regulations adopted pursuant to this chapter, the board shall consider and may authorize his release on parole as provided in NRS 213.110 and elsewhere in this chapter, irrespective of whether he has applied to the board for parole. If the prisoner has not made such an application before any regular meeting of the board, the secretary of the board shall prepare the application and present [the same] it to the board. The board may authorize the release of a prisoner on parole whether or not parole is accepted by the prisoner.
2. If the release of a prisoner on parole is authorized by the board, the department shall:
(a) Review and, if appropriate, approve each prisoners proposed plan for placement upon release; or
(b) If his plan is not approved by the department, assist the prisoner to develop a plan for his placement upon release,
before he is released on parole.
3. The board may adopt any regulations necessary or convenient to carry out this section.
________
κ1993 Statutes of Nevada, Page 243κ
Assembly Bill No. 487 — Committee on Judiciary
CHAPTER 137
AN ACT relating to writs of habeas corpus; requiring the filing of a post-conviction petition for such a writ in the county in which the petitioner was convicted; 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 34.735 is hereby amended to read as follows:
34.735 A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the supreme court:
Case No. ..........................................
Dept. No. .........................................
IN THE ................ JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ................
...........................................................................
Petitioner,
v. PETITION FOR WRIT
OF HABEAS CORPUS
........................................................................... (POST-CONVICTION)
Respondent.
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.
(5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
κ1993 Statutes of Nevada, Page 244 (CHAPTER 137, AB 487)κ
(6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.
(7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you [are imprisoned or restrained of your liberty.] were convicted. One copy must be mailed to the respondent, one copy to the attorney generals office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty:
.........................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.........................................................................................................................................
3. Date of judgment of conviction:.................................................................
4. Case number:..................................................................................................
5. (a) Length of sentence:................................................................................
.........................................................................................................................................
(b) If sentence is death, state any date upon which execution is scheduled:
6. Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ....... No .......
If yes, list crime, case number and sentence being served at this time:..........
.........................................................................................................................................
.........................................................................................................................................
7. Nature of offense involved in conviction being challenged:..................
.........................................................................................................................................
8. What was your plea? (check one)
(a) Not guilty .......
(b) Guilty .......
(c) Nolo contendere .......
9. If you entered a guilty plea to one count of an indictment or information, and a not guilty plea to another count of an indictment or information, or if a guilty plea was negotiated, give details:....................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
10. If you were found guilty after a plea of not guilty, was the finding made by: (check one)
(a) Jury .......
(b) Judge without a jury .......
11. Did you testify at the trial? Yes ....... No .......
κ1993 Statutes of Nevada, Page 245 (CHAPTER 137, AB 487)κ
12. Did you appeal from the judgment of conviction? Yes ....... No .......
13. If you did appeal, answer the following:
(a) Name of court: ...............................................................................................
(b) Case number or citation: ..............................................................................
(c) Result: ..............................................................................................................
(d) Date of result: .................................................................................................
(Attach copy of order or decision, if available.)
14. If you did not appeal, explain briefly why you did not:
.........................................................................................................................................
.........................................................................................................................................
15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ....... No .......
16. If your answer to No. 15 was yes, give the following information:
(a) (1) Name of court:.........................................................................................
(2) Nature of proceeding:.............................................................................
.........................................................................................................................................
.........................................................................................................................................
(3) Grounds raised:........................................................................................
.........................................................................................................................................
.........................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ....... No .......
(5) Result:........................................................................................................
(6) Date of result:...........................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:.....................................................................................................................
.........................................................................................................................................
(b) As to any second petition, application or motion, give the same information:
(1) Name of court:.........................................................................................
(2) Nature of proceeding:.............................................................................
(3) Grounds raised:........................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ....... No .......
(5) Result:........................................................................................................
(6) Date of result:...........................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:.....................................................................................................................
.........................................................................................................................................
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ....... No .......
Citation or date of decision:.......................................................................
(2) Second petition, application or motion? Yes ....... No .......
Citation or date of decision:.......................................................................
κ1993 Statutes of Nevada, Page 246 (CHAPTER 137, AB 487)κ
(3) Third or subsequent petitions, applications or motions? Yes ....... No .......
Citation or date of decision:.......................................................................
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.........................................................................................................................................
.........................................................................................................................................
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other post-conviction proceeding? If so, identify:
(a) Which of the grounds is the same: ..............................................................
.........................................................................................................................................
(b) The proceedings in which these grounds were raised: .............................
.........................................................................................................................................
(c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length).
.........................................................................................................................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.........................................................................................................................................
19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)......................................
.........................................................................................................................................
.........................................................................................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ....... No .......
If yes, state what court and the case number:........................................................
.........................................................................................................................................
21. Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal: .....................................................................
.........................................................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ....... No .......
If yes, specify where and when it is to be served, if you know:...........................
.........................................................................................................................................
κ1993 Statutes of Nevada, Page 247 (CHAPTER 137, AB 487)κ
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.
(a) Ground one:.....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(b) Ground two:.....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(c) Ground three: ..................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(d) Ground four:....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.
EXECUTED at ............................ on the ....... day of ..................., 19....
.....................................................................
Signature of petitioner
.....................................................................
Address
...........................................................................
Signature of attorney (if any)
...........................................................................
Attorney for petitioner
...........................................................................
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
.................................................................
Petitioner
.....................................................................
Attorney for petitioner CERTIFICATE OF SERVICE BY MAIL
κ1993 Statutes of Nevada, Page 248 (CHAPTER 137, AB 487)κ
CERTIFICATE OF SERVICE BY MAIL
I, .........................................., hereby certify pursuant to N.R.C.P. 5(b), that on this ............... day of ................................................., 19......, I mailed a
true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
.........................................................................................................
Respondent prison or jail official
.........................................................................................................
Address
.........................................................................................................
Attorney General
Heroes Memorial Building
Capitol Complex
Carson City, Nevada 89710
.........................................................................................................
District Attorney of County of Conviction
.........................................................................................................
Address
.....................................................
Signature of Petitioner
________
Assembly Bill No. 363 — Committee on Judiciary
CHAPTER 138
AN ACT relating to evidence; allowing the admission into evidence of the affidavit of certain laboratory directors to prove the results of tests conducted at a medical laboratory; 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 50 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The affidavit of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory, is admissible in evidence in any civil, criminal or administrative proceeding to prove:
(a) That the affiant is a laboratory director.
(b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant is the laboratory director.
The affidavit must contain the evidentiary foundation upon which the results of the test are based, including the description of the test, the personnel involved and the controls employed in conducting the test.
κ1993 Statutes of Nevada, Page 249 (CHAPTER 138, AB 363)κ
2. As used in this section:
(a) Laboratory director has the meaning ascribed to it in NRS 652.050.
(b) Medical laboratory has the meaning ascribed to it in NRS 652.060.
________
Assembly Bill No. 227 — Committee on Judiciary
CHAPTER 139
AN ACT relating to criminal extradition; authorizing a law enforcement agency in this state to return a person to another state without an extradition proceeding if that person has executed a waiver of extradition in the state requesting his return; 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 179.229 is hereby amended to read as follows:
179.229 1. [Any] Except as otherwise provided in subsection 3, any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in NRS 179.191 and 179.193 and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state. Before such a waiver is executed or subscribed , the judge shall inform the person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in NRS 179.197.
2. An executed waiver must be forwarded forthwith to the office of the governor of this state and filed therein. The judge shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having the person in custody to deliver him forthwith to an accredited agent of the demanding state, and shall deliver or cause to be delivered to the agent a copy of the waiver.
3. [Nothing in this section limits:] A law enforcement agency which has custody of a person in this state who is alleged to have broken the terms of his probation, parole, bail or other release shall, after the resolution of all criminal charges filed in this state against that person, immediately deliver that person to the accredited agent of the demanding state without a warrant issued pursuant to NRS 179.191 and 179.193 if:
(a) The person has signed a waiver of extradition as a condition of his probation, parole, bail or other release in the demanding state; and
(b) The law enforcement agency has received:
(1) An authenticated copy of the waiver of extradition signed by the person; and
κ1993 Statutes of Nevada, Page 250 (CHAPTER 139, AB 227)κ
(2) A photograph and copy of the fingerprints of the person which identify him as the person who signed the waiver.
4. This section does not limit:
(a) The right of the accused person to return voluntarily and without formality to the demanding state;
(b) The powers, rights or duties of the officers of the demanding state or of this state; or
(c) Any other procedures concerning the waiver of extradition.
________
Assembly Bill No. 144 — Assemblymen Dini, Myrna Williams, Sader, Heller, Segerblom, Schneider, Bennett, Giunchigliani, Garner, Price, Humke, Perkins, de Braga, Arberry, Wendell Williams, Freeman, Gibbons, Collins and Marvel
CHAPTER 140
AN ACT relating to traffic violations; requiring a person convicted of driving under the influence of an intoxicating liquor or controlled substance to attend a meeting on the impact such a crime has on other persons if such a meeting is available within a certain distance from the offenders residence; authorizing the court to require attendance if such a meeting is not available within a certain distance from the offenders residence; 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 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads or is found guilty of any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
κ1993 Statutes of Nevada, Page 251 (CHAPTER 140, AB 144)κ
(a) Attend, at the defendants expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance, in order to understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1. The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendants residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 79 — Committee on Judiciary
CHAPTER 141
AN ACT relating to criminal procedure; further restricting the use of videotaped depositions at trial; 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 174 of NRS is hereby amended by adding thereto a new section to read as follows:
A court may allow a videotaped deposition to be used instead of the deponents testimony at trial only if:
1. In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:
(a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:
(1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and
(2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and
(b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.
2. In all cases:
(a) A justice of the peace or district judge presides over the taking of the deposition;
(b) The accused is able to hear and see the proceedings;
(c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with him by electronic means;
κ1993 Statutes of Nevada, Page 252 (CHAPTER 141, AB 79)κ
(d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and
(e) The deponent testifies under oath.
Sec. 2. NRS 174.171 is hereby amended to read as follows:
174.171 The provisions of NRS 174.175 to 174.225, inclusive, do not apply to a deposition taken pursuant to NRS 174.227 [.] or used pursuant to section 1 of this act, or both.
Sec. 3. NRS 174.227 is hereby amended to read as follows:
174.227 1. [The] A court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of:
(a) A victim of sexual abuse as that term is defined in NRS 432B.100; or
(b) A prospective witness in any criminal prosecution if he is less than 14 years of age.
The court may specify the time and place for taking the deposition and the persons who may be present when it is taken.
2. The district attorney shall give every other party reasonable written notice of the time and place for taking the deposition. The notice must include the name of the person to be examined. On the motion of a party upon whom the notice is served, the court:
(a) For good cause shown may release the address of the person to be examined; and
(b) For cause shown may extend or shorten the time.
3. If at the time such a deposition is taken, the district attorney anticipates using the deposition at trial, the court shall so state in the order for the deposition and the accused must be given the opportunity to cross-examine the deponent in the same manner as permitted at trial.
4. [The] Except as limited by section 1 of this act, the court may allow the videotaped deposition to be used at any proceeding in addition to or in lieu of the direct testimony of the deponent. It may also be used by any party to contradict or impeach the testimony of the deponent as a witness. If only a part of the deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
[5. The court may allow the videotaped deposition to be used in lieu of the deponents testimony if:
(a) A justice of the peace or district judge presided over the taking of the deposition;
(b) The accused was able to hear and see the proceedings;
(c) The accused was represented by counsel who, if physically separated from the accused, was able to communicate orally with him by electronic means; and
(d) The accused was given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court.]
Sec. 4. NRS 174.231 is hereby amended to read as follows:
174.231 The provisions of NRS 174.227 and 174.229 and section 1 of this act do not preclude:
κ1993 Statutes of Nevada, Page 253 (CHAPTER 141, AB 79)κ
1. The submission of videotaped depositions or testimony which are otherwise admissible as evidence in court.
2. A victim or prospective witness from testifying at a proceeding without the use of his videotaped deposition or testimony.
________
Assembly Bill No. 59 — Committee on Judiciary
CHAPTER 142
AN ACT relating to crimes against the person; revising the definition of robbery to include a theft in which force or fear is used as a means of escape; 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 200.380 is hereby amended to read as follows:
200.380 1. Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery. [Such] A taking is by means of force or fear if force or fear [must be] is used to [obtain] :
(a) Obtain or retain possession of the property [, or to prevent] ;
(b) Prevent or overcome resistance to the taking [, in either of which cases the] ; or
(c) Facilitate escape.
The degree of force used is immaterial [. If used merely as a means of escape, it does not constitute robbery. Such] if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
2. Every person who [shall commit] commits robbery shall be punished by imprisonment in the state prison for not less than 1 year nor more than 15 years.
________
κ1993 Statutes of Nevada, Page 254κ
Assembly Bill No. 68 — Committee on Judiciary
CHAPTER 143
AN ACT relating to the limitation of civil actions; extending the time in which an action for damages for injury arising from the sexual abuse of a minor may be commenced; 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 11.215 is hereby amended to read as follows:
11.215 1. An action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within [3] 10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
whichever occurs later.
2. As used in this section, sexual abuse has the meaning ascribed to it in NRS 432B.100.
________
Assembly Bill No. 433 — Assemblymen Porter, Arberry, Augustine, Bache, Bennett, Bonaventura, Chowning, Collins, de Braga, Garner, Giunchigliani, Gregory, Kenny, McGaughey, Perkins, Petrak, Price, Regan, Scherer, Schneider, Segerblom, Smith, Spitler, Tiffany, Myrna Williams and Wendell Williams
CHAPTER 144
AN ACT relating to cities; authorizing certain cities to create districts to finance the costs of improving a central business area; authorizing the city to impose a tax on transient lodging; requiring the city to use the proceeds from the tax for specific purposes; allowing the city to pledge the proceeds from the tax to pay for general or special obligations; providing a procedure for challenging the validity of the ordinance, tax or project; and providing other matters properly relating thereto.
[Approved May 20, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, district means a district created to defray the cost of improving a central business area.
Sec. 3. 1. The governing body of an incorporated city whose population is 200,000 or more may by ordinance create a district.
κ1993 Statutes of Nevada, Page 255 (CHAPTER 144, AB 433)κ
2. Not more than one district may be created in each such city.
3. A district is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 4. 1. The governing body of a city which creates a district shall establish the boundaries of the district and, except as otherwise provided by subsection 3 of section 8 of this act, may alter those boundaries by ordinance. The area included within a district may be contiguous or noncontiguous but must not include any area which is located more than 4 blocks from the project the city expects to construct with the tax collected or the bonds issued pursuant to sections 2 to 9, inclusive, of this act.
2. The boundaries of a district must not be established or altered to include any territory outside the boundaries of the city, but detachments of territory from the city occurring after the effective date of the ordinance creating or altering the boundaries of a district do not affect its boundaries.
Sec. 5. 1. In addition to all other taxes imposed on the revenues from the rental of transient lodging, the governing body may by ordinance impose a tax upon all persons in the business of providing transient lodging within the boundaries of the district at a rate not to exceed 2 percent of the gross receipts from the rental of transient lodging.
2. The collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.
3. The tax may be waived or imposed at different rates in certain areas or for a particular business if:
(a) The governing body determines that certain areas will receive less benefits from the project constructed with the proceeds of the tax or any obligations payable therefrom.
(b) The governing body determines that a business does not have sufficient rooms dedicated to providing transient lodging for it to benefit equally from the project constructed with the proceeds of the tax or any obligations payable therefrom.
4. The determinations made by the governing body pursuant to subsection 3 are conclusive unless it is shown that it acted with fraud or a gross abuse of discretion.
5. A tax imposed pursuant to this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.
6. The collection of the tax imposed pursuant to this section must cease upon the final payment of:
(a) The bonds initially issued to which the tax imposed pursuant to this section is pledged; or
(b) Any bonds refunding those initially issued bonds, but any such refunding bonds may not have a final payment date that is later than the final payment date of the bonds initially issued.
Sec. 6. 1. In a district that imposes a tax pursuant to section 5 of this act, the proceeds of the tax and any applicable penalty or interest must be retained by the city and used by the city or its redevelopment agency to pay the cost of:
κ1993 Statutes of Nevada, Page 256 (CHAPTER 144, AB 433)κ
(a) Constructing, acquiring, improving, operating or maintaining urban projects, or any combination thereof, including, without limitation, recreational facilities and other projects designed to encourage tourism or to improve the aesthetic environment of the central business area located within the boundaries of the district;
(b) Paying the principal and interest on notes, bonds or other obligations issued by the city to fund such projects; or
(c) Any combination of those uses.
2. The city or its redevelopment agency may enter into contracts for management services and the operation and maintenance of any project financed pursuant to subsection 1. Those contracts must be treated as professional services contracts and are not subject to the limitations of subsection 1 of NRS 354.626. The terms of those contracts may extend beyond the terms of office of the members of the governing body.
Sec. 7. 1. A city may pledge any money received from a tax imposed pursuant to section 5 of this act or any combination of that money with revenue derived from the projects financed with the proceeds of the obligations for whose payment the money and revenue are pledged, with revenues of other revenue producing projects of the city, including any existing or future extensions or enlargements of any of those projects, and with any revenues received by the city as grants under an interlocal agreement with any other entity in the county in which the city is located, or otherwise, for payment of general or special obligations of the city issued for projects described in section 6 of this act.
2. Any money pledged by the city pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection 2 of NRS 350.020.
Sec. 8. 1. Except as otherwise provided by subsection 3, the governing body of a city that creates a district may by ordinance change:
(a) The rate of tax in an amount not to exceed the maximum amount authorized by section 5 of this act.
(b) The number of rooms used to determine the rate of tax.
2. Any changes made pursuant to this section may be challenged in the manner set forth in section 9 of this act.
3. If general or special obligations are issued for purposes of sections 2 to 9, inclusive, of this act, the governing body must not change:
(a) The boundaries of the district;
(b) The rate of tax; or
(c) The boundaries of the areas in which a different rate of tax is charged, in a manner which would materially impair the security for the bonds.
Sec. 9. 1. A business or person who is subject to or has a legally recognizable interest in:
(a) An ordinance that creates a district;
(b) An ordinance that imposes a tax pursuant to section 5 of this act; or
(c) A project that will be constructed with the proceeds from the tax,
may commence an appropriate proceeding in the district court of the county in which the district is located to challenge the validity of the ordinance, tax or project. No such proceeding may be commenced more than 15 days after the effective date of the ordinance.
κ1993 Statutes of Nevada, Page 257 (CHAPTER 144, AB 433)κ
2. The court shall affirm the ordinance, tax and project unless it determines that the approval of the ordinance, tax or project was the result of fraud or a gross abuse of discretion.
Sec. 10. NRS 268.0968 is hereby amended to read as follows:
268.0968 1. [A] Except as otherwise provided in sections 2 to 9, inclusive, of this act, a city located in a county whose population is 400,000 or more shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.
2. A city located in a county whose population is 100,000 or more but less than 400,000 shall not impose a new tax on the rental of transient lodging or increase the rate of an existing tax on the rental of transient lodging after March 25, 1991.
3. The legislature hereby declares that the limitation imposed by subsection 2 will not be repealed or amended except to allow the imposition of an increase in such a tax for the promotion of tourism or for the construction or operation of tourism facilities by a convention and visitors authority.
Sec. 11. This act becomes effective upon passage and approval.
________
Senate Bill No. 286 — Committee on Government Affairs
CHAPTER 145
AN ACT relating to public investments; establishing a local government pooled long-term investment account; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The local government pooled long-term investment account is hereby created. The account must be administered by the state treasurer.
2. All of the provisions of NRS 355.167 apply to the local government pooled long-term investment account.
3. In addition to the investments which are permissible pursuant to subsection 3 of NRS 355.167, the treasurer may invest the money in the local government pooled long-term investment account in mutual funds which:
(a) Are registered with the Securities and Exchange Commission;
(b) Are rated in the highest rating category by at least one nationally recognized rating service; and
(c) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities.
4. In addition to the reasonable charges against the account which the state treasurer may assess pursuant to subsection 7 of NRS 355.167, the state treasurer may, in the case of a local government pooled long-term investment account, assess the costs:
κ1993 Statutes of Nevada, Page 258 (CHAPTER 145, SB 286)κ
treasurer may, in the case of a local government pooled long-term investment account, assess the costs:
(a) Associated with a calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and
(b) Of contracting with qualified persons to assist in the:
(1) Calculation of any rebate of arbitrage profits which is required to be paid to the Federal Government by 26 U.S.C. § 148; and
(2) Administration of the account.
5. In addition to the quarterly computations of interest to be reinvested for or paid to each participating local government pursuant to subsection 8 of NRS 355.167, the state treasurer may, in the case of a local government pooled long-term investment account, compute and reinvest or pay the interest more frequently. He may also base his computations on the amount of interest accrued rather than the amount received.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 267 — Committee on Taxation
CHAPTER 146
AN ACT relating to cities; repealing the prospective expiration of certain provisions allowing the creation of a taxing district for additional police protection or for the maintenance of improvements; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 17 of chapter 745, Statutes of Nevada 1989, as amended by chapter 398, Statutes of Nevada 1991, at page 1044, is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 259κ
Senate Bill No. 249 — Committee on Commerce and Labor
CHAPTER 147
AN ACT relating to public accommodations; repealing the statutory provisions which ban certain outdoor advertising by a hotel, inn, motel or motor court; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) [Corporate or fictitious name means $4.00 motel or similar name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(b)] Establishment means any hotel, motel, inn or motor court.
[(c) Membership in an organization means member of $4.00 motel association or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(d) Outdoor sign or outside sign means any sign maintained outside the establishment, whether on, connected to or separated from the establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.
(e)] (b) Owner or keeper means any person, firm, association or corporation.
[(f)] (c) Rates means the total charge levied at [such] the establishment for rooms or accommodations.
[(g) Special rates means special rates, cut rates, low rates, lowest rates, lowest rates in town, reasonable, inexpensive or any similar phraseology the reasonable construction of which implies that a bargain in rates is offered at such establishment.
2. It is unlawful for any owner or keeper of any hotel, inn, motel or motor court in this state to post or maintain posted on any outdoor or any outside sign:
(a) Advertising with reference to any rates at which rooms or accommodations may be secured at such establishment.
(b) Advertising which employs terminology with reference to special rates for rooms or accommodations at such establishment.
(c) Advertising the corporate or fictitious name of such establishment or membership in any organization the name of which pertains to or can be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.
3. Nothing contained in subsection 2 shall be construed as requiring any establishment therein referred to maintain outdoor signs or outside signs.
4. Every]
κ1993 Statutes of Nevada, Page 260 (CHAPTER 147, SB 249)κ
2. Pursuant to NRS 651.030, every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of [such] the establishment, a printed copy of a statement of charge or rate of charges by the day for lodging. The rates posted in the office and every bedroom of [such establishment shall] the establishment must display the daily rate of [such] the room for occupancy by one person, for occupancy by two persons, the additional charge , if any, for each person over two persons [, or] and the additional charge , if any, for each additional bed provided in [such] the room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt [shall] must reflect the type of accommodations supplied, the number of persons occupying [such] the accommodation and the rate charged each person therefor. [No] An establishment shall not charge more than the posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.
[5.] 3. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
[6.] 4. Any owner or keeper of an establishment who violates any of the provisions of this section is guilty of a misdemeanor.
________
Assembly Bill No. 249 — Committee on Government Affairs
CHAPTER 148
AN ACT relating to redevelopment; expanding the authority for the private sale of bonds issued by a redevelopment agency; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.640 is hereby amended to read as follows:
279.640 1. The agency may authorize bonds by resolution. The resolution, trust indenture or mortgage [shall] must provide for:
(a) The issuance of the bonds in one or more series.
(b) The date the bonds [shall] will bear.
(c) The maturity dates of the bonds.
(d) The interest rate.
(e) The denomination of the bonds.
(f) Their form, either coupon or registered.
(g) The conversion or registration privileges carried by the bonds.
(h) The rank or priority of the bonds.
(i) The manner of their execution.
(j) The medium of payment.
κ1993 Statutes of Nevada, Page 261 (CHAPTER 148, AB 249)κ
(k) The place of payment.
(l) The terms of redemption with or without premium to which the bonds are subject.
2. The bonds may be sold at not less than par [, at public] at a:
(a) Public sale held after notice is published at least once at least 5 days [prior to] before the sale in a newspaper of general circulation published in the community, or, if there is none, in a newspaper of general circulation published in the county [. The bonds may be sold at not less than par to the Federal Government at private] ; or
(b) Private sale without any advertisement [.] or public notice.
________
Assembly Bill No. 26 — Committee on Government Affairs
CHAPTER 149
AN ACT relating to notaries public; revising the qualifications; increasing the fees which a notary public may charge; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 240.015 is hereby amended to read as follows:
240.015 Each person appointed as a notary public must [be:
1. A] :
1. Be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the Immigration and Naturalization Service.
2. [At] Be at least 18 years of age.
3. Possess his civil rights.
Sec. 2. NRS 240.100 is hereby amended to read as follows:
240.100 1. Except as provided in subsection 3, a notary public may charge the following fees and no more:
For taking an acknowledgment, for the first signature...... [$1.00] $2
For each additional signature.................................. [.50] 1
For administering an oath or affirmation without a signature [.25] 1
For a certified copy [, each page................................................. .50] 1
For a jurat, for each signature on the affidavit..................... [1.00] 2
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) He explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; and
κ1993 Statutes of Nevada, Page 262 (CHAPTER 149, AB 26)κ
(b) The person requesting the notarial act agrees in advance upon the amount of the additional fee.
Sec. 3. NRS 240.120 is hereby amended to read as follows:
240.120 1. Each notary public shall keep a [fee book] journal in his office in which he shall enter [:
(a) The] the fees charged, [in detail.
(b) The] the title of the matter, [proceeding or action on which they are charged.] the date on which he performed the service and the name of the person whose signature is being notarized.
2. The [fee book shall] journal must be open to public inspection.
3. Any notary public who [shall violate] violates any of the provisions of this section shall be fined not more than $1,000.
________
Senate Bill No. 293 — Committee on Judiciary
CHAPTER 150
AN ACT relating to the cost of litigation; prohibiting a court from refusing to award or reducing the amount of attorneys fees or costs awarded to a prevailing party in a civil action solely because the prevailing party is the state, a local government, a public officer or a public employee; establishing requirements for determining the amount of such an award; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 18 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court shall not:
(a) Refuse to award attorneys fees or costs to the state, a local government, a public officer or a public employee; or
(b) Reduce the amount of the attorneys fees or costs it awards to the state, a local government, a public officer or a public employee,
as the prevailing party in a civil action or as a party otherwise entitled to receive attorneys fees or costs, solely because the prevailing party is the state, a local government, a public officer or a public employee.
2. If a court determines that the state, a local government, a public officer or a public employee is entitled to receive attorneys fees or costs pursuant to the Nevada Rules of Civil Procedure, the Nevada Rules of Appellate Procedure, the provisions of this chapter or another specific statute, it shall award the attorneys fees and costs at the rates set forth in the rule or statute. If rates are not set forth in the rule or statute, the court shall award reasonable attorneys fees and costs.
3. As used in this section, local government means any county, city, district, agency or other political subdivision of this state.
κ1993 Statutes of Nevada, Page 263 (CHAPTER 150, SB 293)κ
Sec. 2. NRS 18.005 is hereby amended to read as follows:
18.005 For the purposes of NRS 18.010 to 18.150, inclusive, and section 1 of this act, the term costs means:
1. Clerks fees.
2. Reporters fees for depositions, including a reporters fee for one copy of each deposition.
3. Jurors fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee after determining that the circumstances surrounding the experts testimony were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpena used in the action, unless the court determines that the service was not necessary.
8. The fees of the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
10. Fees of a court bailiff who was required to work overtime.
11. Reasonable costs for telecopies.
12. Reasonable costs for photocopies.
13. Reasonable costs for long distance telephone calls.
14. Reasonable costs for postage.
15. Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
16. Any other reasonable and necessary expense incurred in connection with the action.
________
κ1993 Statutes of Nevada, Page 264κ
Assembly Bill No. 117 — Committee on Natural Resources, Agriculture and Mining
CHAPTER 151
AN ACT relating to hazardous materials; designating the state emergency response commission as the state agency which is responsible for coordinating certain regulatory activities relating to hazardous materials; requiring state agencies and local governmental agencies responsible for the regulation of hazardous materials to cooperate in the management of certain activities relating to hazardous materials; and providing other matters properly relating thereto.
[Approved May 21, 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 is the state agency responsible for coordinating:
(a) The collection of fees relating to hazardous materials;
(b) The standardization of forms for reporting information relating to hazardous materials; and
(c) The adoption of regulations necessary to carry out the provisions of paragraphs (a) and (b),
by state agencies and local governmental agencies responsible for the regulation of hazardous materials.
2. Each state agency or local governmental agency which is responsible for the regulation of hazardous materials shall, in consultation with the commission:
(a) Cooperate to eliminate any duplications, conflicts or inconsistencies in regulations relating to hazardous materials;
(b) Review periodically the forms for reporting information relating to hazardous materials to determine whether the forms are easy to understand and complete and, if appropriate, revise the forms accordingly;
(c) Cooperate, if possible, to develop a uniform format for reporting information relating to hazardous materials;
(d) Cooperate to ensure that local governmental agencies which respond to emergencies involving hazardous materials receive reports in a timely manner; and
(e) Consolidate, if possible, the collection of fees relating to 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,] Assembly Bill No. 126 of this session 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.
κ1993 Statutes of Nevada, Page 265 (CHAPTER 151, AB 117)κ
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:
(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. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Assembly Bill No. 105 — Committee on Elections and Procedures
CHAPTER 152
AN ACT relating to ethics in government; revising the definition of candidate; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.4323 is hereby amended to read as follows:
281.4323 Candidate means any person [who seeks nomination or] :
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy; or
3. Whose name appears on an official ballot at any election,
for election to any public office, including the office of justice of the supreme court, district judge, justice of the peace and municipal judge.
________
κ1993 Statutes of Nevada, Page 266κ
Assembly Bill No. 41 — Committee on Government Affairs
CHAPTER 153
AN ACT relating to constables; clarifying that claims for reimbursement of a constable for executing a writ may be made to the court which issued the writ; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees for their services:
For serving a summons or other process by which a suit is commenced in civil cases.............................................................................. $10
For summoning a jury before a justice of the peace.......... 5
For taking a bond or undertaking........................................... 3
For serving an attachment against the property of a defendant 5
For serving subpenas, for each witness.................................. 8
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio................................................... 2
For drawing and executing every constables deed, to be paid by the grantee, who must also pay for the acknowledgment thereof ........................................................................................... 12
For each certificate of sale of real property under execution 3
For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons................................. 8
For serving one notice required by law before the commencement of a proceeding for any type of eviction................................ 15
For serving not fewer than 2 nor more than 10 such notices to the same location, each notice.......................................................... 12
For serving not fewer than 11 nor more than 24 such notices to the same location, each notice.......................................................... 10
For serving 25 or more such notices to the same location, each notice 9
For mileage in serving such a notice, for each mile necessarily and actually traveled in going only......................................................... 1
But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
κ1993 Statutes of Nevada, Page 267 (CHAPTER 153, AB 41)κ
For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution..... 15
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper 5
For each warrant lawfully executed....................................... 35
For mileage in serving summons, attachment, execution, order, venire, subpena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessary and actually traveled,
in going only......................................................................... 1
But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only............................................................................. 1
But mileage may not exceed $20 for any unsuccessful effort to serve such process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the [justice of the peace who] court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.
(c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
________
κ1993 Statutes of Nevada, Page 268κ
Senate Bill No. 276 — Committee on Finance
CHAPTER 154
AN ACT relating to the department of prisons; authorizing the transfer of money from the offenders store fund to the prisoners personal property fund; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.221 is hereby amended to read as follows:
209.221 1. The offenders store fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders store fund.
2. The director shall:
(a) Keep, or cause to be kept, a full and accurate account of the fund;
(b) Submit reports to the board relative to money in the fund as may be required from time to time; and
(c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.
3. [Money] Except as otherwise provided in subsection 4, money in the offenders store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.
4. If necessary to cover a shortfall of money in the prisoners personal property fund, the director may, after obtaining the approval of the interim finance committee, authorize the state controller to transfer money from the offenders store fund to the prisoners personal property fund, and the state controller shall make the transfer.
Sec. 2. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 269κ
Senate Bill No. 266 — Committee on Finance
CHAPTER 155
AN ACT making a supplemental appropriation to the Nevada equal rights commission for certain expenses; and providing other matters properly relating thereto.
[Approved May 21, 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 Nevada equal rights commission the sum of $1,632 for the payment of an employees unprocessed merit salary increase that became due in August 1990. This appropriation is supplemental to that made by section 13 of chapter 611, Statutes of Nevada 1989, at page 1347.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 264 — Committee on Finance
CHAPTER 156
AN ACT making an appropriation to the budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau for the expenses involved in preparing bill drafts requested by agencies of the executive branch; and providing other matters properly relating thereto.
[Approved May 21, 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 budget division of the department of administration for reimbursement of the legal division of the legislative counsel bureau the sum of $100,000 for the expenses involved in preparing legislation requested by agencies of the executive branch.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1995, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 270κ
Senate Bill No. 193 — Senator Smith
CHAPTER 157
AN ACT relating to motor vehicles; requiring the department of motor vehicles and public safety to adopt tests and other requirements for the reinstatement of drivers licenses; providing for the voluntary surrender of a drivers license; requiring the adoption of conditions and procedures for reissuing licenses that are voluntarily surrendered; providing for the reinstatement of the registration of a vehicle that is suspended because a verification of liability insurance indicates the registered owner failed to maintain such insurance; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a fee for registration of $33.
2. For every motorcycle, a fee for registration of $33 and an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.
3. For each transfer of registration a fee of $6 in addition to any other fees.
4. [To] Except as otherwise provided in NRS 485.383, to reinstate the registration of a motor vehicle suspended pursuant to [NRS 485.383] that section, a fee of $100, which must be accounted for in the account for verification of insurance which is hereby created in the state general fund and must be used only for the purposes specified in NRS 485.383.
5. For every travel trailer, a fee for registration of $27.
6. For every permit for the operation of a golf cart, an annual fee of $10.
Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. The department shall by regulation:
1. Set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a persons ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 4. The department shall by regulation establish a method to allow a driver, under circumstances specified by regulation, to surrender a drivers license voluntarily to the department, including conditions and procedures for reissuance of the license at the request of the driver.
κ1993 Statutes of Nevada, Page 271 (CHAPTER 157, SB 193)κ
license voluntarily to the department, including conditions and procedures for reissuance of the license at the request of the driver.
Sec. 5. NRS 483.020 is hereby amended to read as follows:
483.020 [When] As used in NRS 483.010 to 483.630, inclusive, and sections 3 and 4 of this act, the words and phrases defined in NRS 483.030 to 483.190, inclusive, have the meanings respectively ascribed to them in [such] those sections.
Sec. 6. NRS 483.410 is hereby amended to read as follows:
483.410 1. [For] Except as otherwise provided in subsection 6, for every drivers license, including a motorcycle drivers license, issued and service performed the following fees must be charged:
A license issued to a person 65 years of age or older.............. $14
An original license issued to any other person.......................... 19
A renewal license issued to any other person........................... 19
Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.............................. 40
Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.. 65
A new photograph, change of name, change of address or any combination.................................................................................................... 5
A duplicate license......................................................................... 14
2. For every motorcycle endorsement to a drivers license a fee of $5 must be charged.
3. If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensees social security number to a unique number based upon it.
4. The increase in fees authorized by NRS 483.347 and the fee charged pursuant to NRS 483.415 must be paid in addition to the fees charged pursuant to subsections 1 and 2.
5. A penalty of $10 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt pursuant to that section.
6. The department may not charge a fee for the reinstatement of a drivers license that has been:
(a) Voluntarily surrendered for medical reasons; or
(b) Canceled pursuant to NRS 483.310.
7. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
[7.] 8. Except as otherwise provided in NRS 483.415, all money collected by the department pursuant this chapter must be deposited in the state treasury for credit to the motor vehicle fund.
Sec. 7. NRS 483.480 is hereby amended to read as follows:
483.480 1. The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination.
κ1993 Statutes of Nevada, Page 272 (CHAPTER 157, SB 193)κ
written notice of at least 5 days to the licensee require him to submit to an examination. Upon the conclusion of the examination the department shall take action as may be appropriate and may suspend or revoke the license of the person or permit him to retain the license, or may issue a license subject to restrictions as permitted under NRS 483.360 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to the examination is grounds for suspension or revocation of his license.
2. [Except as otherwise provided in subsection 3 or 4, the department shall require that a licensee submit to the examination provided in NRS 483.330 as a condition of reinstatement or reissuance, after any suspension or revocation of his license.
3. The department may waive the portion of the examination required by subsection 2 which consists of an actual demonstration of ability to exercise control in the operation of a motor vehicle if the suspension or revocation was for other than the poor performance of the driver.
4.] Except for the suspension of a drivers license pursuant to subsection 3 of NRS 483.465, the department shall not charge an additional fee or require an additional examination for the reinstatement of a revoked or suspended license if the additional fee or examination arises out of the same offense for which the license was previously revoked or suspended and the driver has previously reinstated his license after that offense.
Sec. 8. NRS 483.500 is hereby amended to read as follows:
483.500 The department upon suspending or revoking a license shall require that [such license shall] the license be surrendered to and be retained by the department . [, except that at] At the end of the period of suspension [such license so surrendered or] or revocation an appropriate replacement license [shall be returned] must be issued to the licensee, upon his satisfactorily completing the [examination required under NRS 483.480.] requirements for reinstatement established by regulations of the department adopted pursuant to section 3 of this act.
Sec. 9. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department shall annually verify the liability insurance of:
(a) All registered owners concerning whom the department has been notified pursuant to NRS 690B.023 that a contract of insurance as security was previously terminated; and
(b) A sample of not more than 5 percent of all registered owners in this state, except registered owners of motorcycles and motor homes, on which the security is a contract of insurance.
2. The department shall mail a form for verification to each such registered owner. The owner shall complete the form with all the information which is requested by the department, including whether he carries an owners or operators policy of liability insurance, and return the completed form within 15 days after the date on which the form was mailed by the department.
3. When the department receives a completed form for verification it shall mail the form to the named insurer.
κ1993 Statutes of Nevada, Page 273 (CHAPTER 157, SB 193)κ
4. Upon receipt of a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance as indicated on the form by the registered owner.
5. The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is:
(a) Not returned to the department by the registered owner within 15 days;
(b) Returned by the insurer with a denial of coverage; or
(c) Returned by the owner with an admission of no coverage or without indicating an insurer or the number of a policy.
6. If an owner who did not return a completed form for verification within the specified period:
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date stated in the form mailed by the department pursuant to subsection 2; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance on the date stated in the form for verification. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.
7. If a form for verification is returned by the insurer with a denial of coverage or returned by the owner with an admission of no coverage, the department shall rescind its suspension of the registration of the vehicle if the owner proves to the satisfaction of the department that there was a justifiable cause for his failure to maintain liability insurance. The department shall not require him to file proof of financial responsibility or pay the fee required by NRS 482.480 as a prerequisite to reinstating his registration and reissuing his license plates.
8. Except as otherwise provided in [subsection 11,] subsections 7 and 12, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the registered owner of proof of financial responsibility for a period of 3 years.
[8.] 9. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
[9.] 10. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
[10.] 11. An insurer, its agents the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
[11.] 12. If a registered owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date about which the department was inquiring, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
κ1993 Statutes of Nevada, Page 274 (CHAPTER 157, SB 193)κ
require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
________
Senate Bill No. 157 — Committee on Government Affairs
CHAPTER 158
AN ACT relating to the state controller; authorizing the cancellation of certain accounts and money due the state; authorizing the state controller to withhold the compensation of a state employee under certain circumstances; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.150 is hereby amended to read as follows:
227.150 1. The state controller shall:
[1.] (a) Open and keep an account with each county, charging the counties with the revenue collected, as shown by the auditors statements, and also with their proportions of the salaries of the district judges, and crediting them with the amounts paid to the state treasurer.
[2.] (b) Keep and state all accounts between the State of Nevada and the United States, or any state or territory, or any [individual, corporation] person or public officer of this state, indebted to the state or entrusted with the collection, disbursement or management of any [moneys,] money, funds or interests arising therefrom, belonging to the state, of every character and description [whatsoever, where the same] , if the accounts are derivable from or payable into the state treasury.
[3.] (c) Settle the accounts of all county treasurers, and other collectors and receivers of all state revenues, taxes, tolls and incomes, levied or collected by an act of the legislature and payable into the state treasury.
[4.] (d) Keep fair, clear, distinct and separate accounts of all the revenues and incomes of the state, and also all the expenditures, disbursements and investments thereof, showing the particulars of every expenditure, disbursement and investment.
[5. Have the power to direct]
2. The state controller may:
(a) Direct the collection of all accounts or [moneys] money due the state, and if there [be] is no time fixed or stipulated by law for the payment of any such accounts or [moneys, they shall be] money, they are payable at the time set by the state controller.
(b) Upon approval of the attorney general, direct the cancellation of any accounts or money due the state.
(c) Except as otherwise provided in subsection 3, withhold from the compensation of an employee of the state any amount due the state for the overpayment of the salary of the employee.
κ1993 Statutes of Nevada, Page 275 (CHAPTER 158, SB 157)κ
3. Before any amounts may be withheld from the compensation of an employee pursuant to paragraph (c) of subsection 2, the state controller shall:
(a) Give written notice to the employee of the state controllers intent to withhold such amounts from the compensation of the employee; and
(b) If requested by the employee within 10 working days after receipt of the notice, conduct a hearing and allow the employee the opportunity to contest the state controllers determination to withhold such amounts from the compensation of the employee.
If the overpayment was not obtained by the employees fraud or willful misrepresentation, any withholding from the compensation of the employee must be made in a reasonable manner so as not to create an undue hardship to the employee.
4. The state controller may adopt such regulations as are necessary to carry out the provisions of this section.
________
Senate Bill No. 147 — Senators Jacobsen and Adler
CHAPTER 159
AN ACT relating to state land; requiring the state land registrar to convey certain land adjoining Governors Field to Carson City; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state land registrar on behalf of the State of Nevada shall, subject to the provisions of section 2 of this act, convey gratuitously and by quitclaim deed to Carson City all of the right, title and interest of the State of Nevada in the parcels of land located in Carson City, Nevada, described as follows:
1. Beginning at a point on the right or easterly right-of-way line of Roop Street, 44.00 feet right of and at right angles to Highway Engineers Station R 7+52.87 P.C.; which point of beginning is further described as bearing N. 74°33′57″ E., a distance of 2,347.76 feet from the west quarter corner of section 20, T. 15 N., R. 20 E., M.D.M.; thence from a tangent which bears N. 0°22′04″ E., curving to the right along the right or easterly right-of-way line of Roop Street, with a radius of 389.19 feet, through an angle of 24°52′12″, an arc distance of 168.93 feet to an intersection with the southwesterly boundary of that parcel of land quitclaimed to Carson City by the State of Nevada under the deed recorded in book 212, page 17, of Official Records, in the office of the recorder of Carson City, Nevada, on July 12, 1977; thence along that boundary the following three courses and distances:
(a) From a tangent which bears N. 25°14′16″ E., curving to the right with a radius of 55 feet, through an angle of 118°37′26″, an arc distance of 113.87 feet;
κ1993 Statutes of Nevada, Page 276 (CHAPTER 159, SB 147)κ
(b) S. 36°08′18″ E., a distance of 153.80 feet; and
(c) From a tangent which bears the last described course, curving to the left with a radius of 205.79 feet, through an angle of 21°40′00″, an arc distance of 77.82 feet to an intersection with the south line of the north half of the southeast quarter of the northwest quarter of that section 20;
thence N. 89°07′53″ W., along that south line, a distance of 278.59 feet to an intersection with the right or easterly right-of-way line of Roop Street; thence N. 0°22′04″ E., along that right-of-way line, a distance of 0.34 feet to the point of beginning. This parcel of land contains an area of 33,411 square feet or 0.77 of an acre, more or less.
2. Beginning at a point on the right or easterly right-of-way line of Roop Street, 44.00 feet right of and at right angles to Highway Engineers Station R1 13+09.09 P.C.; which point of beginning is further described as bearing N. 67°20′23″ E., a distance of 2,740.80 feet from the west quarter corner of section 20, T. 15 N., R. 20 E., M.D.M.; thence from a tangent which bears N. 43°51′42″ E., curving to the left along that right-of-way line, with a radius of 655 feet, through an angle of 19°59′03″, an arc distance of 228.46 feet to an intersection with the east line of the northwest quarter of that section 20; thence S. 0°40′12″ W., along that east line, a distance of 596.08 feet to an intersection with the northeasterly boundary of that parcel of land quitclaimed to Carson City by the State of Nevada under the deed recorded in book 212, page 17, of Official Records, in the office of the recorder of Carson City, Nevada, on July 12, 1977; thence along that boundary the following three courses and distances:
(a) From a tangent which bears N. 89°04′05″ W., curving to the right, with a radius of 145.79 feet, through an angle of 52°55′47″, an arc distance of 134.68 feet;
(b) N. 36°08′18″ W., a distance of 174.69 feet; and
(c) From a tangent which bears the last described course, curving to the right, with a radius of 87 feet, through an angle of 80°00′00″, an arc distance of 121.48 feet to an intersection with the right or easterly right-of-way line of Roop Street;
thence N. 43°51′42″ E., along that right-of-way line, a distance of 131.55 feet to the point of beginning. This parcel of land contains an area of 80,721 square feet or 1.85 acres, more or less.
Sec. 2. 1. The legislature declares that the purpose of this act is to provide Carson City with land for recreational use until the land is needed for state use. If Carson City:
(a) Fails to utilize either parcel of land described in section 1 of this act for recreational use on or before June 30, 1994; or
(b) Ever ceases to utilize either parcel of land described in section 1 of this act for recreational use,
all of the right, title and interest of Carson City in the parcel reverts to the State of Nevada.
2. The conveyance required by section 1 of this act, and the descriptions set forth in subsections 1 and 2 of that section, are subject to any and all easements existing on the date of the conveyance, whether of record or not.
κ1993 Statutes of Nevada, Page 277 (CHAPTER 159, SB 147)κ
3. Carson City shall pay any expenses incurred by the state land registrar to carry out the provisions of this act, including expenses related to the appraisal of the land.
4. The state land registrar may request Carson City to reconvey the parcels to the State of Nevada at no charge when the parcels become needed for state use. Upon receipt of such a request, Carson City may remove from the parcels any improvements made thereto by Carson City and, not later than 2 years after receiving the request, shall reconvey all of Carson Citys right, title and interest in the parcels to the State of Nevada. The reconveyance must also include a reconveyance of all of Carson Citys interest in Evalyn Way, as granted to Carson City by the State of Nevada on April 14, 1977. Upon the required reconveyance, the state land registrar shall grant to Carson City an appropriate easement for access to the citys property to the east of the parcels.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 104 — Committee on Transportation
CHAPTER 160
AN ACT relating to indigent persons; revising the definition of county of residence for the purpose of determining the eligibility of an indigent person to receive welfare benefits from a county; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 428.020 is hereby amended to read as follows:
428.020 For the purposes of NRS 428.010 to 428.110, inclusive:
1. The county of residence of a person is the county in which he is [presently residing if he has resided in that county for at least 6 consecutive weeks. If the person has not resided in the county in which he is presently residing for at least 6 consecutive weeks, his county of residence is the last county in Nevada in which he resided for at least 6 consecutive weeks. If the person presently resides in Nevada, but has not resided in any county in Nevada for at least 6 consecutive weeks, his county of residence is the county in which he presently resides. If the person does not reside in Nevada, he shall be deemed a nonresident.] physically present with the intent to reside, at least for an indefinite period.
2. The county of residence of a person placed in institutional care is the county of residence of that person before he was placed in institutional care.
________
κ1993 Statutes of Nevada, Page 278κ
Senate Bill No. 18 — Committee on Finance
CHAPTER 161
AN ACT relating to the supreme court of Nevada; extending the time for the repayment and reversion of money previously appropriated to the supreme court for costs associated with the temporary relocation of the Las Vegas office; and providing other matters properly relating thereto.
[Approved May 21, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 693, Statutes of Nevada 1991, at page 2291, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1993,] 1995, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 21 — Committee on Finance
CHAPTER 162
AN ACT making a supplemental appropriation for district judges salaries and judicial pensions; and providing other matters properly relating thereto.
[Approved May 21, 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 for district judges salaries and judicial pensions the sum of $12,191.59. This appropriation is supplemental to that made by section 20 of chapter 611, Statutes of Nevada 1989, at page 1348.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 279κ
Senate Bill No. 194 — Committee on Finance
CHAPTER 163
AN ACT making supplemental appropriations for district judges salaries and judicial pensions; and providing other matters properly relating thereto.
[Approved May 21, 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 for district judges salaries and judicial pensions the sum of $55,646. This appropriation is supplemental to those made by section 3 of chapter 657, Statutes of Nevada 1991, at page 2170, and section 35 of chapter 659, Statutes of Nevada 1991, at page 2188.
Sec. 2. There is hereby appropriated from the state general fund for district judges salaries and judicial pensions the sum of $79,273. This appropriation is supplemental to that made by section 20 of chapter 494, Statutes of Nevada 1991, at page 1495.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 71 — Committee on Judiciary
CHAPTER 164
AN ACT relating to evidence; revising the provisions governing the return of property retained as evidence; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 52.385 is hereby amended to read as follows:
52.385 1. At any time after property of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer [,] or law enforcement agency, the rightful owner of the property or a person entitled to possession of the property may request the prosecuting attorney to return the property to him. [Photographs of the returned property are admissible in evidence in lieu of the property in any criminal or civil proceeding if they are authenticated or identified.] Upon receipt of such a request, the prosecuting attorney may, before the property is released, require the peace officer or law enforcement agency to take photographs of the property. Except as otherwise provided in subsection 3, the peace officer or law enforcement agency shall return the property to the person submitting the request within a reasonable time after the receipt of the request, but in no event later than 120 days after the receipt of the request.
κ1993 Statutes of Nevada, Page 280 (CHAPTER 164, AB 71)κ
2. In the absence of such a request, the prosecuting attorney may authorize the peace officer or law enforcement agency that has custody of the property to return the property to its owner or a person who is entitled to possession of the property.
3. [To be admissible under this section, photographs of property must be accompanied by a statement which contains:
(a) A written description of the property;
(b) The name of the owner of the property or other person to whom it was released; and
(c) The date the photographs were taken.
The written description must be signed, under penalty of perjury, by the peace officer who had custody of the property.
4.] If the prosecuting attorney to whom a request for the release of property is made determines that the property is required for use as evidence in a criminal proceeding, he may deny the request for the release of the property.
4. Photographs of property returned pursuant to the provisions of this section are admissible in evidence in lieu of the property in any criminal or civil proceeding if they are identified and authenticated in the proceeding by:
(a) The rightful owner of the property or person entitled to possession of the property to whom the property was released;
(b) The peace officer or representative of the law enforcement agency who released the property; or
(c) A credible witness who has personal knowledge of the property,
in accordance with the provisions of NRS 52.185 to 52.295, inclusive.
5. Any property subject to the provisions of this section which is not returned under the provisions of this section must be disposed of as provided in NRS 179.125 to 179.175, inclusive.
________
Assembly Bill No. 87 — Committee on Judiciary
CHAPTER 165
AN ACT relating to the Uniform Commercial Code; increasing the fees for filing or providing certain documents; requiring the filing officer to search certain documents for the name of a particular secured party; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. Except as otherwise provided in subsection 6, a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed before the lapse.
κ1993 Statutes of Nevada, Page 281 (CHAPTER 165, AB 87)κ
period unless a continuation statement is filed before the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
3. A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection 2 unless another continuation statement if filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if he has retained a microfilm or other photographic record, or in other cases after 1 year after the lapse. Where the filing officer maintains a microfilm system he may, after microfilming the original document, return it to the person who presented it for filing. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if he physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under subsection 6 shall be retained.
4. Except as otherwise provided in subsection 7, a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the indexes the file number.
5. The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement, for an amendment or for a continuation statement is [$10] $15 if the document is in the standard form prescribed by the secretary of state and otherwise is [$15,] $20, plus $1 for each additional debtor or trade name. The secured party may at his option show a trade name for any person.
κ1993 Statutes of Nevada, Page 282 (CHAPTER 165, AB 87)κ
6. If the debtor is a transmitting utility (subsection 5 of NRS 104.9401) and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage which is effective as a fixture filing under subsection 6 of NRS 104.9402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
7. When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, or is filed as a fixture filing, it shall be filed for record and the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described, and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if he were the mortgage thereunder, or where indexing is by description in the same fashion as if the financing statement were a mortgage of the real estate described.
Sec. 2. NRS 104.9404 is hereby amended to read as follows:
104.9404 1. If a financing statement covering consumer goods is filed on or after July 1, 1975, then within 1 month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. In other cases whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor, for each filing officer with whom the financing statement was filed, a termination statement to the effect that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with subsection 2 of NRS 104.9405, including payment of the required fee. If the affected secured party fails to file such a termination statement as required by this subsection, or to send such a termination statement within 10 days after proper demand therefor he is liable to the debtor for $100, and in addition for any loss caused to the debtor by such failure.
2. On presentation to the filing officer of such a termination statement he shall note it in the index. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement and of any related continuation statement, statement of assignment and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after 1 year after receipt of the termination statement.
κ1993 Statutes of Nevada, Page 283 (CHAPTER 165, AB 87)κ
3. If the termination statement is in the standard form required by the secretary of state, the uniform fee for filing and indexing the termination statement is [$10,] $15, and otherwise is [$15,] $20, plus $1 for each additional debtor or trade name.
4. If the filing officer has microfilmed the original documents, he shall make copies of the microfilmed documents, mark the copies terminated and send or deliver to the secured parties and to the debtor the copies marked terminated.
Sec. 3. NRS 104.9405 is hereby amended to read as follows:
104.9405 1. A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark it as provided in subsection 4 of NRS 104.9403. The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment is [$10] $15 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$15,] $20, plus $1 for each additional debtor or trade name.
2. A secured party may assign of record all or a part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like (including oil and gas) or accounts subject to subsection 5 of NRS 104.9103, he shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, he shall index the assignment of the financing statement under the name of the assignee. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment is [$10] $15 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$15,] $20, plus $1 for each additional debtor or trade name. Notwithstanding the provisions of this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing (subsection 6 of NRS 104.9402) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than this chapter.
3. After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.
4. Where the filing officer maintains a microfilm system he may, after microfilming the original document and making the appropriate notations, return it to the person who presented it for filing.
κ1993 Statutes of Nevada, Page 284 (CHAPTER 165, AB 87)κ
Sec. 4. NRS 104.9406 is hereby amended to read as follows:
104.9406 A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection 2 of NRS 104.9405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the hour and date upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release is [$10] $15 if the statement is in the standard form prescribed by the secretary of state and otherwise is [$15,] $20, plus $1 for each additional debtor or trade name.
Sec. 5. NRS 104.9407 is hereby amended to read as follows:
104.9407 1. If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to the person.
2. 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 presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate is [$10.] $15 if the statement is in the standard form prescribed by the secretary of state and otherwise is $20. Upon request and payment of the statutory fee for copies furnished by that officer, the filing officer shall furnish a copy of any filed financing statement or statement of assignment.
3. Upon request of any person, the secretary of state shall issue his certificate showing whether there is on file any presently effective financing statement or statement of assignment in favor of a particular secured party. The fee for such a certificate is $15 plus any administrative costs.
Sec. 6. 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.
κ1993 Statutes of Nevada, Page 285 (CHAPTER 165, AB 87)κ
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 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.] $15 if the statement is in the standard form prescribed by the secretary of state and otherwise is $20. 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. 7. NRS 108.833 is hereby amended to read as follows:
108.833 1. The county recorder shall charge the standard fee for filing and indexing each notice of lien, certificate or notice affecting the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.
2. The secretary of state shall:
(a) Charge for filing and indexing each notice of federal lien, certificate or notice affecting the lien, a fee of [$6.] $20. This fee includes the subsequent recording of a certificate of discharge, nonattachment, release or subordination of the lien. No fee may be charged for recording the release of any federal tax lien which was filed before March 24, 1967.
(b) Accept, file and index all notices of federal tax liens filed on behalf of the Federal Government without requiring payment of the fee at the time of filing. He shall then submit on invoice each month to the district director of internal revenue for all fees accrued during the billing period.
Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 286κ
Assembly Bill No. 94 — Committee on Ways and Means
CHAPTER 166
AN ACT relating to the department of prisons; revising the provisions governing the profitability of the programs for the employment of offenders; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. If restitution to a specific person is not being paid, the director shall deduct an amount he deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Except as otherwise provided in NRS 209.383, contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
2. Every program for the employment of offenders established by the director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) [Produce a profit for the department;
(d)] Have an insignificant effect on the number of jobs available to the residents of this state; and
[(e)] (d) Provide occupational training for offenders.
3. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the director must result in a profit for the department. The following must not be included in determining whether there is a profit for the department:
κ1993 Statutes of Nevada, Page 287 (CHAPTER 166, AB 94)κ
(a) Fees credited to the fund for prison industries pursuant to NRS 482.268, any revenue collected by the department for the leasing of space, facilities or equipment within the institutions or facilities of the department and any interest or income earned on the money in the fund for prison industries.
(b) The selling expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, selling expenses means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the central administrative office of the programs for the employment of offenders. As used in this paragraph, general and administrative expenses means the salary of the assistant director of industrial programs and the salaries of any other personnel of the central administrative office and related payroll taxes and costs, the costs of telephone usage and the costs of office supplies used and postage used.
4. The director may, with the approval of the board:
(a) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 2. NRS 209.4814 is hereby amended to read as follows:
209.4814 The advisory board shall:
1. Be informed on issues and developments relating to industrial programs for correctional institutions;
2. Submit a semiannual report to the interim finance committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
3. Report to the legislature on any other matter relating to industrial programs for correctional institutions which it deems appropriate;
4. Meet at least quarterly and at the call of the chairman to review the operation of current and proposed industrial programs;
5. Recommend three persons to the director for appointment as the assistant director for industrial programs whenever a vacancy exists; and
6. Before any new industrial program is established by the director in an institution of the department, review the proposed program for compliance with the requirements of [subsection] subsections 2 and 3 of NRS 209.461 and submit to the director its recommendations concerning the proposed program.
7. Review each industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably within 3 years after its establishment. If the advisory board determines that a program is not operating profitably within 3 years after its establishment, the advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.
κ1993 Statutes of Nevada, Page 288 (CHAPTER 166, AB 94)κ
advisory board shall report its finding to the director with recommendation regarding whether the program should be continued or terminated.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 230 — Committee on Judiciary
CHAPTER 167
AN ACT relating to gaming; providing that uncollected baccarat commissions must be excluded from the computation of the gross revenue of a gaming licensee; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0161 is hereby amended to read as follows:
463.0161 1. Gross revenue means the total of all:
(a) Cash received as winnings;
(b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
(c) Compensation received for conducting any game in which the licensee is not party to a wager,
less the total of all cash paid out as losses to patrons, those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses.
2. The term does not include:
(a) Counterfeit money or tokens;
(b) Coins of other countries which are received in gaming devices;
(c) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed; [or]
(d) Cash received as entry fees for contests or tournaments in which patrons compete for prizes [.] ; or
(e) Uncollected baccarat commissions.
3. As used in this section, baccarat commission means:
(a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or
(b) A rate or fee charged by a licensee for the right to participate in a baccarat game.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 289κ
Assembly Bill No. 236 — Committee on Commerce
CHAPTER 168
AN ACT relating to the private investigators licensing board; allowing the board to issue citations and impose fines for unlicensed activity that requires licensure; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board may issue to a person who has violated NRS 648.060 a citation.
2. Such a citation must be in writing and describe with particularity the nature of the violation. The citation must also inform the person of the provisions of subsection 5. A separate citation must be issued for each such violation.
3. If appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.
4. The board shall assess an administrative fine of:
(a) For the first such violation, $2,500.
(b) For the second such violation, $5,000.
(c) For the third or subsequent such violation, $10,000.
5. To appeal the finding of such a violation, the person must request a hearing by written notice of appeal to the board within 30 days after the date of issuance of the citation.
Sec. 2. NRS 648.166 is hereby amended to read as follows:
648.166 1. The board shall conduct a hearing within 90 days after receiving a notice of appeal from a person who has received a notice of violation [,] or a citation except that:
(a) If the board receives the notice of appeal less than 30 days before a regularly scheduled meeting, it may conduct the hearing within 120 days after receiving the notice of appeal; and
(b) The board may continue the date of the hearing for good cause shown.
2. The board shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the date of the hearing.
________
κ1993 Statutes of Nevada, Page 290κ
Assembly Bill No. 254 — Committee on Government Affairs
CHAPTER 169
AN ACT relating to local improvements; clarifying and expanding the authority of local governments concerning street improvement projects; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.305 is hereby amended to read as follows:
271.305 1. In the provisional order the governing body shall set a time , at least 20 days thereafter , and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.
2. Notice must be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication must be by affidavit of the publisher.
4. Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.
6. The notice may be prepared by the engineer and ratified by the governing body, and , except as otherwise provided in subsection 7, must state:
(a) The kind of project proposed.
(b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed, by boundaries or other brief description.
(g) The time and place of the hearing where the governing body will consider all objections to the project.
(h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.
κ1993 Statutes of Nevada, Page 291 (CHAPTER 169, AB 254)κ
(i) That pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body, object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:
(1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or
(2) The project consists not more than [1,320] 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.
(j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.
(k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.
(l) That a person should object to the formation of the district using the procedure outlined in the notice if his support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.
(m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:
(1) He is entitled to be represented by counsel at the hearing;
(2) Any evidence he desires to present on these issues must be presented at the hearing; and
(3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.
7. The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.
8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.
9. No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
10. The engineer [, however,] may make minor changes in time, plans and materials entering into the work at any time before its completion.
Sec. 2. NRS 271.306 is hereby amended to read as follows:
271.306 1. Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.
κ1993 Statutes of Nevada, Page 292 (CHAPTER 169, AB 254)κ
2. If, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:
(a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or
(b) The project constitutes not more than [1,320] 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved . [and the] Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.
________
Assembly Bill No. 348 — Committee on Judiciary
CHAPTER 170
AN ACT relating to juvenile offenders; providing for the continued treatment as an adult of a child once certified for trial as such under certain circumstances; establishing the discretion of a judge of the juvenile division whether to accept such a child on remand; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. Adult means a person 18 years of age or older, [or] a person between the ages of 16 and 18 who has been certified as an adult [.] or a person less than 18 years of age who has been convicted of a murder, attempted murder, or any lesser offense included in either, and sentenced as an adult.
2. Child means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years [.] , unless in either case he has been certified or sentenced as an adult.
3. Court means the juvenile division of the district court.
κ1993 Statutes of Nevada, Page 293 (CHAPTER 170, AB 348)κ
4. Judge means the judge of the juvenile division of the district court.
5. Juvenile court or juvenile division means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
6. Minor traffic offense means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) Manslaughter;
(b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 2. NRS 62.080 is hereby amended to read as follows:
62.080 1. If a child 16 years of age or older is charged with an offense which would be a felony if committed by an adult, the juvenile division of the district court, after full investigation, may [in its discretion] retain jurisdiction or certify the child for proper criminal proceedings to any court which would have jurisdiction to try the offense if committed by an adult, but no child may be so certified unless he was 16 years of age or older at the time he allegedly committed the offense charged. [After]
2. Except as otherwise provided in subsection 3, after such a child has been certified for proper criminal proceedings and his case has been transferred out of the juvenile division, original jurisdiction of [the] his person for that case and any offense with which he is later charged rests with the court to which [the child] he has been certified and [the child] he may thereafter petition for transfer back to the juvenile division only upon a showing of exceptional circumstances. If a child is remanded to the juvenile division, the judge of that division shall determine whether the exceptional circumstances warrant accepting jurisdiction.
3. If a child is certified as an adult pursuant to subsection 1, original jurisdiction of his person for any offense with which he is later charged does not rest with the court to which he has been certified if the case that was transferred out of the juvenile division is dismissed or he is found not guilty of those charges.
________
κ1993 Statutes of Nevada, Page 294κ
Assembly Bill No. 291 — Assemblyman Dini (by request)
CHAPTER 171
AN ACT relating to estrays; authorizing cooperative agreements between the state department of agriculture and local governments regarding the control, placement or disposition of estrays; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection account is hereby created in the state general fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection account:
(a) All special taxes on livestock as provided by law, except the assessment collected pursuant to NRS 565.075 and any tax levied pursuant to NRS 575.070.
(b) Fees and other money collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays by the department pursuant to NRS 569.010 to 569.130, inclusive [.] , or proceeds required to be deposited in the livestock inspection account pursuant to a cooperative agreement established pursuant to section 2 of this act.
(e) Fees collected pursuant to chapter 573 of NRS.
(f) Fees collected pursuant to chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as are necessary pursuant to chapter 571 of NRS.
3. Expenditures from the livestock inspection account must be made only for [the purposes of] carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection account, after deducting any applicable charges, must be credited to the account.
Sec. 2. Chapter 569 of NRS is hereby amended by adding thereto a new section to read as follows:
The department may enter into a cooperative agreement for the control, placement or disposition of the livestock with the county, city, town, township or other peace officer or poundmaster. If an agreement is entered into, it must provide for:
1. The responsibility for the payment of the expenses incurred in taking up, holding, advertising and making the disposition of the estray, and any damages for trespass allowed pursuant to NRS 569.440;
2. The disposition of any money received from the sale of the livestock; and
3. The protection of the rights of a lawful owner of an estray pursuant to NRS 569.040 to 569.130, inclusive.
κ1993 Statutes of Nevada, Page 295 (CHAPTER 171, AB 291)κ
Sec. 3. NRS 569.010 is hereby amended to read as follows:
569.010 1. Except as otherwise provided by law, all estrays within this state shall be deemed for the purpose of this section to be the property of the department.
2. The department has all rights accruing pursuant to the laws of this state to owners of such animals, and may [dispose of any such animals] :
(a) Dispose of estrays by sale through an agent appointed by the department [.] ; or
(b) Provide for the control, placement or disposition of estrays through cooperative agreements pursuant to section 2 of this act.
3. Except as otherwise provided by law, all money collected for the sale or for the injury or killing of any such animals must be held for 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All money remaining unclaimed must be deposited in the livestock inspection account after 1 year. The department may disallow all claims if the department deems the claims illegal or not showing satisfactory evidence of title.
4. The department is not liable for any trespass or other damage caused by any of such estrays.
Sec. 4. NRS 569.040 is hereby amended to read as follows:
569.040 [It] Except as otherwise provided in NRS 569.040 to 569.130, inclusive, or pursuant to a cooperative agreement established pursuant to section 2 of this act, it is unlawful for any person or his employees or agents, other than an authorized agent of the department, to take up any estray and retain possession of it . [except as provided in NRS 569.040 to 569.130, inclusive.]
Sec. 5. NRS 569.080 is hereby amended to read as follows:
569.080 1. If an estray [animal] is not claimed within 10 days after the last publication of the advertisement [as provided for in] required by NRS 569.070, it [shall be sold] must be:
(a) Sold by the department [.
2. The] ; or
(b) Given a placement or other disposition through a cooperative agreement established pursuant to section 2 of this act.
2. If the department sells the estray, the department shall give a bill of sale to the purchaser.
Sec. 6. NRS 569.090 is hereby amended to read as follows:
569.090 1. [The] Except as otherwise provided pursuant to a cooperative agreement established pursuant to section 2 of this act, the department shall [pay] :
(a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray , and any damages for trespass allowed pursuant to NRS 569.440, and shall place the balance in a savings account in a bank qualified to receive deposits of public money. [Any interest and the] The proceeds from the sale [of an estray] and any interest on those proceeds, which are not claimed pursuant to subsection [3] 2 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.
[2. The department shall make]
κ1993 Statutes of Nevada, Page 296 (CHAPTER 171, AB 291)κ
(b) Make a complete record of [all such transactions,] the transaction, including the marks and brands and other means of identification of [an] the estray, which record must be open to the inspection of the public.
[3.] 2. If the lawful owner of [any estray sold as provided in this section] the estray is found within 1 year after [the sale,] its sale and proves ownership to the satisfaction of the department, the net amount received from the [disposal of such estray] sale must be paid to the owner . [if he proves ownership to the satisfaction of the department.
4.] 3. If any claim pending after the expiration of 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the livestock inspection account.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 416 — Committee on Government Affairs
CHAPTER 172
AN ACT relating to public utilities; authorizing the public service commission of Nevada to adopt regulations relating to the safety of storage facilities and intrastate pipelines for natural gas and liquefied petroleum gas; increasing the civil penalty for a violation of certain regulations concerning safety standards for pipelines used to transport gas; expanding the authority of the commission to enter into certain agreements with the Federal Government to conduct inspections to ensure compliance with federal statutes and regulations governing the safety of storage facilities and interstate pipelines; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission may adopt such regulations as are necessary to ensure the safe operation and maintenance of all storage facilities and intrastate pipelines in this state which are used to store and transport natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof. Regulations adopted pursuant to this subsection do not apply to activities that are subject to the provisions of NRS 590.465 to 590.645, inclusive, or chapter 704 of NRS.
2. If the commission and any other governmental entity or agency of the state have coexisting jurisdiction over the regulation of such storage facilities and intrastate pipelines, the commission has the final authority to regulate those facilities and pipelines and to take such actions as are necessary to carry out the regulations adopted pursuant to subsection 1.
3. A person who violates any of the provisions of a regulation adopted by the commission pursuant to subsection 1 is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $200,000 for any related series of violations. The amount of the civil penalty must be determined and may be compromised in the manner provided in NRS 703.380.
κ1993 Statutes of Nevada, Page 297 (CHAPTER 172, AB 416)κ
must be determined and may be compromised in the manner provided in NRS 703.380.
Sec. 2. NRS 703.153 is hereby amended to read as follows:
703.153 The commission may enter into an agreement with the Secretary of Transportation which [will authorize] authorizes the commission to [enforce] conduct inspections as an agent of the Federal Government to ensure compliance with federal statutes and regulations [which govern] governing the safety of storage facilities and interstate pipelines which transport:
1. Petroleum or any petroleum product; [or]
2. Any substance which is in a liquid state, including liquefied natural gas, when transported by pipeline or pipeline facilities and which may pose an unreasonable risk to life or property when transported by pipeline or pipeline facilities [.] ; or
3. Any gas, including natural gas, flammable gas or gas which is toxic or corrosive.
Sec. 3. NRS 704.595 is hereby amended to read as follows:
704.595 1. Any person who violates any provision of any regulation adopted by the commission in conformity with the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §§ 1671 [-1684)] et seq.) or with a federal regulation adopted pursuant thereto shall be subject to a civil penalty not to exceed [$1,000] $10,000 for each violation for each day that the violation persists, but the maximum civil penalty [shall] must not exceed [$200,000] $500,000 for any related series of violations. Unless compromised, the amount of any such civil penalty [shall] must be determined by a court of competent jurisdiction.
2. Any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, [shall] must be considered.
3. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any [sums] sum owing by the state to the person charged or may be recovered in a civil action in any court of competent jurisdiction.
________
κ1993 Statutes of Nevada, Page 298κ
Assembly Bill No. 422 — Assemblymen Marvel, Carpenter, Gibbons, Freeman and Dini
CHAPTER 173
AN ACT relating to mining; requiring specified persons who intend to hold a mining claim to make and record certain affidavits; imposing fees for recording the affidavit; increasing the fees imposed on filing certain documents relating to mining claims; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 513.094 is hereby amended to read as follows:
513.094 1. An additional fee of [$0.50] $1 per claim is imposed upon all filings to which NRS 517.185 applies. Each county recorder shall collect and pay over the additional fee, and the additional fee must be deposited [,] in the same manner as provided in that section.
2. The executive director shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. He shall annually during the month of January, or [oftener] more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to such conditions found in the state as a whole. He shall further work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.
3. To carry out this program and these duties, the executive director shall employ a qualified assistant, who must be in the unclassified service of the state and whose position is in addition to the unclassified positions otherwise authorized in the department by statute.
4. The commission shall provide by regulation:
(a) Standards for determining which conditions created by the abandonment of a former mine or its associated works constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger by virtue of that violation.
(b) Standards for abating the kinds of dangers usually found, including but not limited to standards for excluding persons and animals from dangerous open excavations.
Sec. 2. NRS 517.185 is hereby amended to read as follows:
517.185 [Each] In addition to any recording fee, each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of [$0.75] $1.50 per claim. The county recorder shall collect the fee and , on or before the fifth working day of each month, deposit with the county treasurer all such fees collected during the preceding month. The county treasurer shall quarterly pay the money collected to the department of minerals.
κ1993 Statutes of Nevada, Page 299 (CHAPTER 173, AB 422)κ
department of minerals. The department shall deposit with the state treasurer, for credit to the account for the department of minerals, all money received pursuant to this section.
Sec. 3. NRS 517.230 is hereby amended to read as follows:
517.230 1. On or before November 1 of the year for which labor is performed or improvements are made as required by law for a mining claim annually, the person in whose behalf the labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:
(a) The amount of money expended, or value of labor or improvements made, or both.
(b) The character of expenditures or labor or improvements.
(c) A description of the claim or part of the claim affected by the expenditures or labor or improvements.
(d) The year for which the expenditures or labor or improvements were made and the dates on which they were made.
(e) The name of the owner or claimant of the claim at whose expense the improvements or labor was made or performed.
(f) The names of the persons, corporations, contractors or subcontractors who performed the work and made the improvements.
2. [The] An affidavit made and recorded pursuant to subsection 1 or a copy thereof, certified by the county recorder , is prima facie evidence of the performance of the labor or the making of the improvements, or both.
3. On or before November 1 of each year that the performance of labor or the making of improvements is not required by law for a mining claim, the owner or claimant of the mining claim who intends to hold the claim, or someone in his behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:
(a) The name and address of the owner or claimant of the mining claim.
(b) The name of the mining claim, and the serial number, if any, assigned to the claim by the United States Bureau of Land Management.
(c) The date that the affidavit was made.
(d) A statement that the owner or claimant of the mining claim intends to hold the claim.
4. An affidavit made and recorded pursuant to subsection 3 or a copy thereof, certified by the county recorder, is prima facie evidence that the owner or claimant of the mining claim intended to hold the claim from 12 p.m. on September 1 of the year before the affidavit was made and recorded, until 11:59 a.m. on September 1 of the year that the affidavit was made and recorded.
Sec. 4. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder [must,] shall, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
κ1993 Statutes of Nevada, Page 300 (CHAPTER 173, AB 422)κ
(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married persons.
(j) Notice of preemption claims.
(k) Notices and certificates of location of mining claims.
(l) Affidavits of proof of annual labor on mining claims.
(m) Affidavits of intent to hold mining claims recorded pursuant to subsection 3 of NRS 517.230.
(n) Certificates of sale.
[(n)] (o) Judgments of decrees.
[(o)] (p) Declarations of homesteads.
[(p)] (q) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by a method used by the recorder to preserve his records. Where any rights might be adversely affected because of delay in recording caused by this requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
Sec. 5. NRS 247.310 is hereby amended to read as follows:
247.310 1. Except as otherwise provided by law, county recorders shall charge the following fees for recording affidavits of proof of labor on mining claims [:] and for recording, pursuant to subsection 3 of NRS 517.230, affidavits of intent to hold mining claims:
For recording any such affidavits that embrace therein one claim ............................................................................... $0.50
For each additional mining claim embraced in the affidavit ................................................................ $0.50
2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
κ1993 Statutes of Nevada, Page 301 (CHAPTER 173, AB 422)κ
working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
Sec. 6. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 429 — Committee on Elections and Procedures
CHAPTER 174
AN ACT relating to county fire protection districts; eliminating the requirement for an election for the board of directors of a county fire protection district if only one candidate files for that office; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 474.140 is hereby amended to read as follows:
474.140 1. Except as otherwise provided in subsection 2:
(a) At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election, to be known as the biennial election of the district, must be held.
[2.] (b) The general election laws of this state govern the nomination and election of the members of the board of directors. The election must be conducted under the supervision of the county clerk or registrar of voters. The returns of the election must be certified to and canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, are elected. Any new member of the board must qualify in the same manner as members of the first board qualify.
2. If at 5 p.m. on the last day for filing a declaration of candidacy or an acceptance of candidacy for the office of director, there is only one candidate nominated for the office, that candidate must be declared elected and no election may be held for that office.
________
κ1993 Statutes of Nevada, Page 302κ
Assembly Bill No. 470 — Committee on Judiciary
CHAPTER 175
AN ACT relating to gaming; substituting continuing reporting for prior approval of foreign gaming; prohibiting licensees from engaging in certain conduct in foreign gaming; requiring licensees to maintain a revolving fund to pay the cost of investigations by the state gaming control board of foreign gaming involvement; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.680 is hereby amended to read as follows:
463.680 For the purposes of NRS [463.690] 463.700 to 463.720, inclusive:
1. Foreign gaming means [any gaming operations] the conduct of gaming outside this state.
2. Licensee means a person who:
(a) Is licensed or required to be licensed pursuant to NRS 463.160, 463.162 [or 463.167;] , 463.167 or 463.650;
(b) Is or is required to be licensed, registered or found suitable pursuant to NRS 463.482 to 463.645, inclusive; or
(c) Directly or through one or more intermediaries controls, is controlled by or is under common control with a person described in paragraph (a) or (b).
Sec. 2. NRS 463.700 is hereby amended to read as follows:
463.700 1. A licensee [seeking approval] who proposes to participate in foreign gaming shall [apply to the board in writing, under oath, supplying any information and supporting data pertaining to himself and to the foreign gaming operations which the board and commission require.
2. A licensee who applies for approval agrees by his application to conduct his foreign gaming operations in accordance with the standards of honesty and integrity required for gaming activities in this state.
3. The licensee shall submit data showing that the foreign gaming operations will be lawfully conducted in the foreign jurisdiction, and that the licensees involvement will pose no unreasonable threat to gaming control in Nevada.
4. The board may conduct investigations concerning the application and submit recommendations to the commission. The board may require the applicant to pay anticipated costs of an investigation in advance, and shall refund overpayments and charge and collect amounts to cover underpayments of actual costs after the completion of the investigation.] , no later than 30 days after his execution of a definitive agreement pertaining to the proposed participation in foreign gaming or his filing of an application for licensing or related approval pertaining to the proposed participation, whichever is earlier, deposit with the board and thereafter maintain a refundable revolving fund in the amount of $10,000 to pay the expenses of investigation by the board of his participation in foreign gaming. The commission may in a particular case increase or decrease the required amount of the revolving fund, but the board or commission shall not require a licensee to establish more than one such revolving fund.
κ1993 Statutes of Nevada, Page 303 (CHAPTER 175, AB 470)κ
particular case increase or decrease the required amount of the revolving fund, but the board or commission shall not require a licensee to establish more than one such revolving fund. Upon the licensees termination of all proposed and actual participation in foreign gaming, the board shall refund the remaining balance in the licensees revolving fund.
2. Before participating in foreign gaming, a licensee shall provide to the board such information pertaining to his proposed participation as the board may request.
Sec. 3. NRS 463.710 is hereby amended to read as follows:
463.710 [1. The board and commission shall consider without limitation the following factors in deliberating the granting or denial of approval to conduct foreign gaming operations:
(a) The means, including agreements with foreign jurisdictions, for the commission and board to obtain adequate access to information pertaining to the gaming operations in which the licensee seeks to be involved, and pertaining to any associate of the licensee in the foreign gaming operations.
(b) Assurance that the licensee and his associates in the foreign gaming operations will recognize and abide by the conditions and restrictions imposed upon approval of participation.
(c) Assurance that the right of Nevada to collect license fees will be adequately protected through an effective accounting system designed to prevent the undetected employment of techniques to avoid payment.
(d) Assurance that the relationship of the licensee with any associate will pose no unreasonable threat to the interest of the State of Nevada in regulating the gaming industry within the state.
(e) Other factors which are found to be relevant to the adequate protection of state-regulated gaming in Nevada.
2. The commission may impose conditions upon any approval of participation in foreign gaming operations, including without limitation:
(a) The continuation of any factor listed in subsection 1 of any other factor considered relevant by the commission.
(b) Requirements for internal accounting, administrative and managerial controls, including evidence of those controls to be filed with the commission or maintained in the principal office of the licensee in Nevada and made available to the board and commission or their agents for examination and copying as requested.
(c) Requirements for reports found necessary by the board or commission.
(d) Requirements for onsite audits to be conducted at the licensees expense by independent certified public accountants, or their equivalent, who are acceptable to the board and commission.
(e) Requirements for disclosure and reporting of changes in beneficial ownership or control of any interest in a foreign gaming operation, including interest of the licensee and of others.
(f) Requirements for onsite inspections at the expense of the licensee of foreign gaming operations by the board and commission or their representatives.] Unless otherwise ordered by the board or commission, a licensee who participates in foreign gaming shall file with the board:
1. As soon as participation in foreign gaming begins:
κ1993 Statutes of Nevada, Page 304 (CHAPTER 175, AB 470)κ
(a) All documents filed by him or by an affiliate with the foreign jurisdiction; and
(b) The systems of accounting and internal control utilized in the foreign operation and any amendments to the systems as soon as made.
2. Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for surveillance relating to the foreign operation.
3. Quarterly reports regarding any of the following information which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the foreign operation;
(b) Any changes in officers, directors or key employees of the foreign operation;
(c) All complaints, disputes, orders to show cause and disciplinary actions, relating to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction concerning the foreign operation;
(d) Any arrest of an employee of the foreign operation involving cheating or theft, related to gaming, in the foreign jurisdiction; and
(e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign operation for an offense that would constitute a gross misdemeanor or felony in this state.
4. Such other information as the commission requires by regulation.
Sec. 4. NRS 463.720 is hereby amended to read as follows:
463.720 A licensee [who continues participation in foreign gaming operations after an order of the commission terminating approval engages in an unsuitable method of operation and may be disciplined by the commission.] shall not, in a foreign operation, knowingly:
1. Violate any foreign, federal, tribal, state, county, city or township law, regulation, ordinance or rule, or any equivalent thereof, concerning the conduct of gaming;
2. Fail to conduct the operation in accordance with the standards of honesty and integrity required for gaming in this state;
3. Engage in any activity that:
(a) Poses any unreasonable threat to the conduct of gaming in this state;
(b) Reflects or tends to reflect discredit or disrepute upon this state or gaming in this state; or
(c) Is contrary to the public policy of this state concerning gaming;
4. Engage in any activity that interferes with the ability of this state to collect all license fees imposed by this chapter; or
5. Employ or contract with any person whom the commission or any court in this state has found guilty of cheating or to whom the commission has denied a gaming license, or finding of suitability, on the ground of unsuitability.
Sec. 5. NRS 463.690 is hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 305κ
Assembly Bill No. 489 — Committee on Judiciary
CHAPTER 176
AN ACT relating to extradition; requiring the attorney general to pay the expenses to extradite a person located outside the United States; requiring the state board of examiners to adopt regulations governing the procedure for the payment of those expenses; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the governor for that purpose, upon approval by the state board of examiners. After the appropriation is exhausted the expenses must be paid from the reserve for statutory contingency account upon approval by the state board of examiners. In all other cases they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are :
(a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose governor the requisition is made [,] ; or
(b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States,
and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.
2. The state board of examiners shall adopt regulations prescribing the procedure for the payment of those expenses.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 525 — Assemblyman Scherer
CHAPTER 177
AN ACT relating to criminal prosecutions; extending the statute of limitations for the prosecution of sexual abuse of a child under certain circumstances; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense [, but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
κ1993 Statutes of Nevada, Page 306 (CHAPTER 177, AB 525)κ
or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense [, but if any indictment found, or an information or complaint filed, within the time thus prescribed is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
2.] unless a longer period is allowed by paragraph (b).
(b) An indictment [may] must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, [at any time until] before the victim of the sexual abuse is [21] :
(1) Twenty-one years old [.] if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
________
Senate Bill No. 242 — Committee on Judiciary
CHAPTER 178
AN ACT relating to gaming; authorizing the Nevada gaming commission to require a finding of suitability for transmission services under certain circumstances; revising the definition of gaming device; revising the provisions governing the licensing of off-track pari-mutuel systems and disseminators of information concerning racing; imposing an added fee for licensing operators of off-track pari-mutuel systems; making various other changes concerning the regulation of gaming; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission, upon recommendation by the board, may require a natural person or an entity providing services in connection with the transmission of live broadcasts to file an application for a finding of suitability.
2. If the commission determines that the person or entity is unsuitable to provide transmission services, any association or agreement between the provider and a licensee must be terminated, unless otherwise provided by the commission.
3. An agreement between such a person or entity and a licensee shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the provider is unsuitable to be associated with a licensee.
κ1993 Statutes of Nevada, Page 307 (CHAPTER 178, SB 242)κ
of the licensee upon a finding by the commission that the provider is unsuitable to be associated with a licensee. Failure to include that condition in the agreement is not a defense in any action brought concerning the termination of an agreement pursuant to this section.
4. If an application for a finding of suitability is not submitted to the board within 30 days after the commission so requests, the commission may pursue any remedy or combination of remedies provided in this chapter.
5. Failure of a licensee to terminate any association or agreement with a person or entity providing services in connection with the transmission of live broadcasts after receiving notice of a determination of unsuitability, or the failure of the provider to file a timely application for a finding of suitability, is an unsuitable method of operation.
Sec. 2. NRS 463.0155 is hereby amended to read as follows:
463.0155 Gaming device means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes [a system for processing information which can alter the normal criteria of random selection, which affects the operation of any game or which determines the outcome of a game. The term does not include a system or device which affects a game solely by stopping its operation so that the outcome remains undetermined.] :
1. A slot machine.
2. A collection of two or more of the following components:
(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;
(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;
(c) A storage medium containing the source language or executable code of a computer program that cannot be reasonably demonstrated to have any use other than in a slot machine;
(d) An assembled video display unit;
(e) An assembled mechanical or electromechanical display unit intended for use in gambling; or
(f) An assembled mechanical or electromechanical unit which cannot be demonstrated to have any use other than in a slot machine.
3. Any mechanical, electrical or other device which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.
4. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
5. Any combination of one of the components set forth in paragraphs (a) to (f), inclusive, of subsection 2 and any other component which the commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.
κ1993 Statutes of Nevada, Page 308 (CHAPTER 178, SB 242)κ
Sec. 3. NRS 463.0157 is hereby amended to read as follows:
463.0157 1. Gaming employee means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:
(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;
(b) Boxmen;
(c) Cashiers;
(d) Change personnel;
(e) Counting room personnel;
(f) Dealers;
(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;
(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing;
[(h)] (i) Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;
[(i)] (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
[(j)] (k) Floormen;
[(k)] (l) Hosts or other persons empowered to extend credit or complimentary services;
[(l)] (m) Keno runners;
[(m)] (n) Keno writers;
[(n)] (o) Machine mechanics;
[(o)] (p) Odds makers and line setters;
[(p)] (q) Security personnel;
[(q)] (r) Shift or pit bosses;
[(r)] (s) Shills;
[(s)] (t) Supervisors or managers; and
[(t)] (u) Ticket writers.
2. Gaming employee does not include bartenders, cocktail waitresses or other persons engaged exclusively in preparing or serving food or beverages.
Sec. 4. NRS 463.0164 is hereby amended to read as follows:
463.0164 1. Independent agent means any person who:
(a) Approves or grants the extension of gaming credit on behalf of a state gaming licensee or collects a debt evidenced by a credit instrument; or
(b) Contracts with a state gaming licensee or its affiliate to provide services outside of Nevada consisting of arranging [transportation or lodging] complimentary transportation, food, lodging or other services, or any combination thereof, whose combined retail price per person exceeds $1,000 in any 7-day period for guests at a licensed gaming establishment.
2. The term does not include:
(a) A state gaming licensee;
κ1993 Statutes of Nevada, Page 309 (CHAPTER 178, SB 242)κ
(b) A bonded collection agency licensed by the local government authorities in the jurisdiction where the agency has its principal place of business;
(c) A licensed attorney;
(d) A supplier of transportation;
(e) A travel agency which receives compensation solely on the price of the transportation or lodging arranged for by the agency;
(f) An employee of a state gaming licensee or its affiliate; or
(g) A person who [does not receive cash for his services.] receives compensation for his services, other than cash, in an amount of not more than $1,000.
Sec. 5. NRS 463.0165 is hereby amended to read as follows:
463.0165 License means a gaming license, a manufacturers [, sellers] or distributors license , a license issued to a disseminator of information concerning racing or a license issued to an operator of an off-track pari-mutuel system.
Sec. 6. NRS 463.0167 is hereby amended to read as follows:
463.0167 License fees means any [moneys] money required by law to be paid to obtain or renew a gaming license, manufacturers or distributors license or [pari-mutuel wagering license.] license issued to an operator of an off-track pari-mutuel system. The term also includes the fees paid by a disseminator of information concerning racing.
Sec. 7. NRS 463.0171 is hereby amended to read as follows:
463.0171 Licensee means any person to whom a valid gaming license, manufacturers [, sellers] or distributors license [or pari-mutuel wagering license] , license for the operation of an off-track pari-mutuel system or license for dissemination of information concerning racing has been issued.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this subsection and subsection 5, all information and data:
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;
(c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and
(d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices, are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction.
κ1993 Statutes of Nevada, Page 310 (CHAPTER 178, SB 242)κ
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of [this state pursuant to regulations adopted by the commission.] a state or the government of any foreign country.
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 10. NRS 463.145 is hereby amended to read as follows:
463.145 1. The commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:
(a) At least 30 days before the initial meeting of the commission and 20 days before any subsequent meeting at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:
(1) Published in such newspaper as the commission prescribes;
(2) Mailed to every person who has filed a request therefor with the commission; and
(3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission prescribes.
(b) The notice of proposed adoption, amendment or repeal must include:
(1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is proposed; and
(3) Either the express terms or an informative summary of the proposed action.
(c) On the date and at the time and place designated in the notice, the commission shall afford any interested person or his authorized representative, or both, the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present them orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
(d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. The petition must state, clearly and concisely:
κ1993 Statutes of Nevada, Page 311 (CHAPTER 178, SB 242)κ
(1) The substance or nature of the regulation, amendment or repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the commission to take the action requested.
Upon receipt of the petition, the commission shall within [30] 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.
(e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.
2. In any hearing [under] held pursuant to this section, the commission or its [duly] authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.
3. The commission may request the advice and assistance of the board in carrying out the provisions of this section.
Sec. 11. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.3855, inclusive, 463.401, 463.660 and 464.040, and section 16 of this act, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
κ1993 Statutes of Nevada, Page 312 (CHAPTER 178, SB 242)κ
7. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
8. The voluntary surrender of a license by a licensee does not become effective until accepted in the manner provided in the regulations of the commission. The surrender of a license does not relieve the former licensee of any penalties, fines, fees, taxes or interest due.
Sec. 12. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on the premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner.
κ1993 Statutes of Nevada, Page 313 (CHAPTER 178, SB 242)κ
owner. The lessee is liable to the owner for his proportionate share of the license fees.
5. Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the report; and
(b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.
6. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
7. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.
8. Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
9. Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:
(a) Charge and collect the additional license fees determined to be due with interest; or
(b) Refund any overpayment, with interest thereon, to the licensee,
based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.
10. If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.
11. If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.
Sec. 13. NRS 463.408 is hereby amended to read as follows:
463.408 1. As used in this section, holidays or special events refers to periods during which the influx of tourist activity in this state or any area thereof may require additional or alternative industry accommodation as determined by the board.
2. Any licensee holding a valid license under this chapter may apply to the board, on application forms prescribed by the board, for a holiday or special event permit to:
(a) Increase the licensees game operations during holidays or special events; or
κ1993 Statutes of Nevada, Page 314 (CHAPTER 178, SB 242)κ
(b) Provide persons who are attending a special event with gaming in an area of the licensees establishment to which access by the general public may be restricted.
3. The application must be filed with the board at least 15 days before the date of the holiday or special event.
4. If the board approves the application, it shall issue to the licensee a permit to operate presently existing games or any additional games in designated areas of the licensees establishment. The number of additional games must not exceed 50 percent of the number of games operated by the licensee at the time the application is filed. The permit must state the period for which it is issued and the number, if any, of additional games allowed. For purposes of computation, any fractional game must be counted as one full game. The licensee shall present any such permit on the demand of any inspecting agent of the board or commission.
5. Before issuing any permit, the board shall charge and collect from the licensee a fee of $14 per game per day for each day the permit is effective. The fees are in lieu of the fees required under NRS 463.380, 463.383 and 463.390.
6. [A permit may not be issued to any licensee for more than 40 cumulative days during any calendar year, nor for a period longer than 10 days during any calendar quarter year. The 10-day period during a calendar quarter year may be consecutive or divided into two lesser periods. For purposes of computation, 1 day is equal to a 24-hour period.
7.] The additional games allowed under a permit must not be counted in computing the casino entertainment tax under NRS 463.401.
[8.] 7. If any such additional games are not removed at the time the permit expires, the licensee is immediately subject to the fees provided for in this chapter.
Sec. 14. NRS 463.540 is hereby amended to read as follows:
463.540 After licensing pursuant to NRS 463.170, a corporation, other than a publicly traded corporation:
1. Before it may issue or transfer any security to any person, shall file a report of its proposed action with the board and commission, which report 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. Shall file a report of each change of the corporate officers and the members of its board of directors with the board and commission [.] within 30 days after the change becomes effective. The commission [shall have] has 90 days within which to approve or disapprove the change. During the 90-day period and thereafter if the commission does not disapprove the change, the officer or member of the board of directors is entitled to exercise all powers of the office to which he was so elected or appointed.
Sec. 15. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 [, 3 and 4,] to 5, inclusive, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device for use or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
κ1993 Statutes of Nevada, Page 315 (CHAPTER 178, SB 242)κ
or play in Nevada or for distribution outside of Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license or the holding company of a corporate licensee may, within 2 years after cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of its gaming devices, including slot machines, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. The commission may, by regulation, authorize a person who owns slot machines for home use in accordance with subsection 3 of NRS 463.160 to sell such devices without procuring a license therefor.
5. Upon approval by the board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the commission on post-secondary education,
may be disposed of by sale, in a manner approved by the board, without a distributors license. An application for approval must be submitted to the board in the manner prescribed by the chairman.
6. Any person whom the commission determines is a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
[6.] 7. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
[7.] 8. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
[8.] 9. As used in this section, holding company has the meaning ascribed to it in NRS 463.485.
Sec. 16. Chapter 464 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other fees imposed by law, the Nevada gaming commission shall charge and collect a fee of $500 from each applicant for the issuance or renewal of a license as an operator of a system.
κ1993 Statutes of Nevada, Page 316 (CHAPTER 178, SB 242)κ
2. Each such license must be issued for the calendar year and expires on December 31. The Nevada gaming commission shall not prorate the fee for a license that is issued for less than 1 year.
3. All fees collected pursuant to this section must be paid over immediately to the state treasurer to be deposited to the credit of the state general fund.
________
Senate Bill No. 344 — Committee on Commerce and Labor
CHAPTER 179
AN ACT relating to wages; permitting certain employers to pay wages to certain employees monthly; and providing other matters properly relating thereto.
[Approved May 26, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 608.060 is hereby amended to read as follows:
608.060 1. [All] Except as otherwise provided in this chapter, all wages or compensation of employees in private employment [shall be due and payable] is due semimonthly. All such wages or compensation earned and unpaid [prior to the 1st] before the first day of any month [shall be due and payable] is due not later than 8 a.m. on the 15th day of the month following that in which [such] the wages or compensation [were] was earned. All wages or compensation earned and unpaid [prior to] before the 16th day of any month [shall be due and payable] is due not later than 8 a.m. on the last day of the same month.
2. Nothing contained in this section [shall be construed as prohibiting] prohibits the contracting for the payment of or the payment of wages at more frequent periods than semimonthly.
3. An employer in this state whose principal place of business is located, and whose payroll is prepared, outside of this state may designate one or more days in each month as fixed paydays for the payment of wages to an employee employed in:
(a) A bona fide executive, administrative or professional capacity, as defined in 29 C.F.R. §§ 541.1, 541.2 and 541.3;
(b) The capacity of outside salesman, as defined in 29 C.F.R. § 541.5; or
(c) The capacity of a supervisor, as defined in 29 U.S.C. § 152,
as those sections existed on October 1, 1993. The provisions of this subsection do not apply with regard to an employee whose wages are determined pursuant to a collective bargaining agreement.
4. Every agreement made in violation of this section, except as provided in this chapter, [shall be] is void, but any employee [shall be] is entitled to payment of such wages or compensation for the period during which the [same were] wages or compensation was earned.
________
κ1993 Statutes of Nevada, Page 317κ
Assembly Bill No. 3 — Assemblymen Marvel, Neighbors and Carpenter
CHAPTER 180
AN ACT relating to emergency medical services; exempting physicians assistants from the requirement of licensure as an ambulance attendant; expanding the authority of such physicians assistants, physicians and nurses to provide care in an ambulance or air ambulance; establishing training requirements for physicians, registered nurses and physicians assistants who are not licensed as ambulance attendants; and providing other matters properly relating thereto.
[Approved May 27, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450B.160 is hereby amended to read as follows:
450B.160 1. The health division may issue licenses to attendants and to firemen employed by or serving as volunteers with a fire-fighting agency.
2. Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.
3. An applicant for a license must file with the health division:
(a) A current, valid certificate evidencing his successful completion of a program or course for training in emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.
(b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if he is applying for a license as a fireman with a fire-fighting agency.
(c) A signed statement showing:
(1) His name and address;
(2) His employers name and address; and
(3) A description of his duties.
(d) Such other certificates for training and such other items as the board may specify.
4. The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
5. Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health division a complete list of the licensed persons in its service.
6. Licensed physicians , [and] registered nurses and certified physicians assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of nursing. A certified physicians assistant who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of medical examiners. In addition:
(a) Each registered nurse and certified physicians assistant who performs such care shall comply with all applicable regulations adopted pursuant to this chapter regarding the provision of emergency medical service.
κ1993 Statutes of Nevada, Page 318 (CHAPTER 180, AB 3)κ
(b) Except as otherwise provided in this subsection, each licensed physician, registered nurse and certified physicians assistant must have current certification of completion of a course in:
(1) Advanced life-support procedures for patients who require cardiac care;
(2) Life-support procedures for pediatric patients who require cardiac care; or
(3) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.
The certification must be issued by a national organization which is nationally recognized for issuing such certification and is approved by the board. In lieu of having such current certification, the board may accept proof of the successful completion of equivalent training that is approved by the board.
Sec. 2. NRS 450B.171 is hereby amended to read as follows:
450B.171 Except as otherwise provided in this chapter, unlicensed relatives of a sick or injured patient and other persons may ride in an ambulance if there are two [licensed] attendants in the ambulance [.] , each of whom is licensed pursuant to this chapter or exempt from licensing pursuant to subsection 6 of NRS 450B.160.
Sec. 3. NRS 450B.1905 is hereby amended to read as follows:
450B.1905 1. A program for training in the basic care of a patient in urgent need of medical care or observation must be:
(a) Supervised by a physician and approved by the health division; or
(b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.
2. Except as provided in subsections 3 and 4, training in basic care must include:
(a) Procedures to establish and maintain an open airway in a patient;
(b) Administration of oxygen, both manually and by a device which uses intermittent positive pressure;
(c) Cardiopulmonary resuscitation;
(d) Treatment of shock;
(e) Control of bleeding;
(f) Treatment of wounds;
(g) Application of splints;
(h) Treatment for poisoning;
(i) Childbirth; and
(j) Rescue.
3. A program for training in the basic care of a patient may follow the curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.
4. The board may adopt regulations which prescribe other requirements for training in the basic care of a patient in urgent need of medical care or observation.
5. An owner of an ambulance shall not offer basic care of a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training in such care [.] or is exempt, pursuant to subsection 6 of NRS 450B.160, from the requirement to obtain that training.
κ1993 Statutes of Nevada, Page 319 (CHAPTER 180, AB 3)κ
6. The board may by regulation prescribe additional requirements for receiving and maintaining certification in basic emergency care. The curriculum for training must be:
(a) At the level of advanced first aid; or
(b) At least equivalent to any curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.
Sec. 4. NRS 450B.191 is hereby amended to read as follows:
450B.191 1. A program of training in intermediate emergency care of a patient in urgent need of medical care or observation must be conducted by a licensed physician and approved by the health division.
2. A program for training for an intermediate emergency medical technician must include an approved curriculum in intravenous therapy and the management of a passage for air to the lungs. Only a certified emergency medical technician with experience as established by the board is eligible for this training.
3. In order to maintain his certification, each intermediate emergency medical technician must annually:
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in intermediate emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for intermediate emergency medical technicians.
5. A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health division a currently valid certificate demonstrating successful completion of the program of training required by this section.
6. [An] Except as authorized by subsection 6 of NRS 450B.160, an attendant or fireman shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, intermediate emergency care without fulfilling the requirements established by the board.
Sec. 5. NRS 450B.195 is hereby amended to read as follows:
450B.195 1. Only a certified emergency medical technician who is a licensed attendant or a fireman with experience as established by the board is eligible for training as an advanced emergency medical technician.
2. A program of training in advanced emergency care for advanced emergency medical technicians must be conducted by a licensed physician and approved by the health division.
3. In order to maintain his certification, each advanced emergency medical technician must annually:
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in advance emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for advanced emergency medical technicians.
κ1993 Statutes of Nevada, Page 320 (CHAPTER 180, AB 3)κ
prepared by the Department of Transportation as a national standard for advanced emergency medical technicians.
5. A person shall not represent himself to be an advanced emergency medical technician unless he has on file with the health division a currently valid certificate evidencing his successful completion of the program of training required by this section.
6. [An] Except as authorized by subsection 6 of NRS 450B.160, an attendant or fireman shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, advanced emergency care without fulfilling the requirements established by the board.
Sec. 6. NRS 450B.260 is hereby amended to read as follows:
450B.260 1. [The] Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care at the scene of an emergency shall not permit its operation and use by any person not licensed under this chapter . [, except as provided in subsections 4 and 5.
2. Every ambulance when]
2. An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, [both of whom are licensed as attendants under the provision of this chapter,] each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection 6 of NRS 450B.160, except in geographic areas which may be designated by the board [.
3. Every] and for which the board may prescribe lesser qualifications.
3. An air ambulance [when] carrying a sick or injured patient must be occupied by a licensed attendant , or a person exempt from licensing pursuant to subsection 6 of NRS 450B.160, in addition to the pilot of the aircraft.
4. The pilot of an air ambulance is not required to have a license under this chapter.
5. A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide intermediate or advanced medical care at the scene of an emergency unless at least one person in the vehicle is licensed to provide the care.
________
κ1993 Statutes of Nevada, Page 321κ
Assembly Bill No. 337 — Assemblymen Dini, Sader, Marvel, Gregory, Neighbors, Hettrick, Humke, Anderson, Collins, Giunchigliani, Bennett, Porter, Regan, Bache, Schneider, Smith, Perkins, Garner, Arberry, Price, Petrak, Bonaventura, Carpenter, Evans, McGaughey, Chowning, Scherer, Wendell Williams, Augustine, Tiffany, Haller, Myrna Williams, Heller, Kenny, Toomin and Segerblom
CHAPTER 181
AN ACT relating to water; clarifying certain statutory provisions to reflect established practice; ratifying past actions of the state engineer; and providing other matters properly relating thereto.
[Approved May 27, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 533.325, 533.345 and 533.425, water already appropriated includes water for whose appropriation the state engineer has issued a permit but which has not been applied to the intended use before an application to change the place of diversion, manner of use or place of use is made.
Sec. 2. 1. The legislature declares that it has examined the past and present practice of the state engineer with respect to the approval or denial of applications to change the place of diversion, manner of use or place of use of water described in section 1 of this act and finds that those applications have been approved or denied in the same manner as applications involving water applied to the intended use before the application for change is made.
2. The legislature intends by this act to clarify rather than change the operation of NRS 533.325, 533.345 and 533.425 with respect to the approval or denial of applications to change the place of diversion, manner of use or place of use of water described in section 1 of this act, and thereby to promote stability and consistency in the administration of chapters 533 and 534 of NRS.
3. The legislature hereby ratifies each approval granted by the state engineer pursuant to NRS 533.325, 533.345 or 533.425 before the effective date of this act for a change of the place of diversion, manner of use or place of use of water already appropriated if the change is consistent with the interpretation of that term now codified in section 1 of this act.
Sec. 3. This act becomes effective upon passage and approval, and, to the extent that it ratifies previous decisions of the state engineer in the manner described in section 2 of this act, applies retrospectively as well as prospectively.
________
κ1993 Statutes of Nevada, Page 322κ
Assembly Bill No. 63 — Committee on Judiciary
CHAPTER 182
AN ACT relating to sentencing; requiring a separate penalty hearing in all criminal cases which result in the conviction of the defendant for murder of the first degree; authorizing the parties, by stipulation, to waive this requirement under certain circumstances and have any sentence imposed by the trial judge; and providing other matters properly relating thereto.
[Approved June 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.552 is hereby amended to read as follows:
175.552 [Upon]
1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing . [to determine whether the defendant shall be sentenced to death or to life imprisonment with or without possibility of parole.] The separate penalty hearing [shall] must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, [or before a panel of three district judges if the trial was without a jury,] as soon as practicable.
(b) If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a panel of three district judges, as soon as practicable.
(c) If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted before the judge who conducted the trial or who accepted the plea of guilty, as soon as practicable.
2. In a case in which the death penalty is not sought, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, his attorney, if any, and the prosecuting attorney.
3. In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the constitution of the State of Nevada may be introduced. The state may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
Sec. 2. NRS 175.554 is hereby amended to read as follows:
175.554 1. If the penalty hearing is conducted before a jury, the court shall instruct the jury at the end of the hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing.
κ1993 Statutes of Nevada, Page 323 (CHAPTER 182, AB 63)κ
instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.
2. The jury , the trial judge or the panel of judges shall determine:
(a) Whether an aggravating circumstance or circumstances are found to exist;
(b) Whether a mitigating circumstance or circumstances are found to exist; and
(c) Based upon these findings, whether the defendant should be sentenced to [life imprisonment or death.] :
(1) Life imprisonment with the possibility of parole or life imprisonment without the possibility of parole, in cases in which the death penalty is not sought; or
(2) Life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death, in cases in which the death penalty is sought.
3. The jury or the panel of judges may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
[3.] 4. When a jury or a panel of judges imposes a sentence of death, the court shall enter its finding in the record, or the jury shall render a written verdict signed by the foreman. The finding or verdict [shall] must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and [shall] must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.
[4. When a jury or a panel of judges imposes a sentence of life imprisonment, it shall specify whether the imprisonment is with or without possibility of parole.]
Sec. 3. NRS 175.558 is hereby amended to read as follows:
175.558 When any person is convicted of murder of the first degree upon a plea of guilty or a trial without a jury and the death penalty is sought, the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.
Sec. 4. The amendatory provisions of this act apply to all defendants who are tried for murder of the first degree on or after October 1, 1993.
________
κ1993 Statutes of Nevada, Page 324κ
Senate Bill No. 343 — Senators Titus, Glomb, Brown, Lowden, OConnell and Coffin
CHAPTER 183
AN ACT relating to public health; requiring certain facilities used by members of the public to have a sufficient number of water closets and urinals for use by the patrons of those facilities; and providing other matters properly relating thereto.
[Approved June 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association before January 1, 1991.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.
3. No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, public water system has the meaning ascribed to it in NRS 445.376.
4. A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, facility used by members of the public means any motion picture house, theater, concert hall, community or convention hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in NRS 446.020.
(c) A childrens camp as defined in NRS 444.220
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
________
κ1993 Statutes of Nevada, Page 325κ
Assembly Bill No. 186 — Assemblymen Hettrick, Dini, Myrna Williams, Heller, Carpenter, Ernaut, Marvel, Humke, Lambert, Tiffany, Augustine, Bache, Regan, Perkins, Collins, Bonaventura, Schneider, de Braga, Kenny, Giunchigliani, Gibbons, Scherer, Chowning, Gregory, Evans, Freeman, Segerblom, Anderson, Price, Smith, Toomin, Arberry and Neighbors
CHAPTER 184
AN ACT relating to wineries; increasing the population threshold for a county in which a domestic winery may be operated; and providing other matters properly relating thereto.
[Approved June 3, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.358 is hereby amended to read as follows:
598.358 A winery located in a county [of this state] whose population is [30,000] 100,000 or less, if it is federally bonded, may:
1. Import wine or juice from a bonded winery in another state, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both; and
2. Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.
________
Assembly Bill No. 205 — Assemblymen Bache, Collins, Kenny, Bonaventura, McGaughey, Smith, Anderson, Price, Haller, Wendell Williams, Chowning, Freeman, Scherer, Perkins, Toomin, Lambert, Neighbors, Segerblom, Carpenter, Hettrick, Petrak, Myrna Williams, Giunchigliani, Arberry, Bennett, Spitler, Schneider, de Braga, Dini, Marvel, Evans, Humke, Garner, Sader, Regan and Porter
CHAPTER 185
AN ACT relating to industrial insurance; eliminating the exemption of certain contractors from the provisions of the industrial insurance law for employees who are hired outside of this state to work temporarily in this state; and providing other matters properly relating thereto.
[Approved June 3, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.260 is hereby amended to read as follows:
616.260 1. Except as limited in subsection 3, any employee who has been hired outside of this state and his employer are exempted from the provisions of this chapter while the employee is temporarily within this state doing work for his employer if his employer has furnished industrial insurance coverage under the industrial insurance act or similar laws of a state other than Nevada so as to cover the employees employment while in this state, provided:
κ1993 Statutes of Nevada, Page 326 (CHAPTER 185, AB 205)κ
doing work for his employer if his employer has furnished industrial insurance coverage under the industrial insurance act or similar laws of a state other than Nevada so as to cover the employees employment while in this state, provided:
(a) The extraterritorial provisions of this chapter are recognized in the other state; and
(b) Employers and employees who are covered in this state are likewise exempted from the application of the industrial insurance act or similar laws of the other state.
The benefits under the industrial insurance act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this state.
2. A certificate from the administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this state is prima facie evidence that the employer carried the industrial insurance.
3. The exemption provided for in this section does not apply to the employees of a contractor, as defined in NRS 624.020, operating within the scope of his license . [on a project whose cost as a whole exceeds $250,000.]
4. An employer is not required to pay premiums to the system for an employee who has been hired or is regularly employed in this state, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his employment, any claim for compensation must be filed in the state in which the accident occurred, and such compensation is the exclusive remedy of the employee or his dependents. This subsection does not prevent an employer from maintaining coverage for the employee under the provisions of this chapter.
________
Assembly Bill No. 237 — Committee on Commerce
CHAPTER 186
AN ACT relating to chiropractors; providing for the temporary licensure of certain chiropractors; providing that the term of office for a member of the Nevada state board of chiropractic examiners is 4 years; expanding the definition of unprofessional conduct; establishing maximum fees that may be charged by the board; and providing other matters properly relating thereto.
[Approved June 3, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
κ1993 Statutes of Nevada, Page 327 (CHAPTER 186, AB 237)κ
Sec. 2. 1. Upon application, payment of the required fee and the approval of its secretary and president, the board may, without examination, grant a temporary license to practice chiropractic in this state to a person whose corresponding license or certificate in another jurisdiction is in good standing. A temporary license may be issued for the limited purpose of authorizing the holder thereof to treat patients in this state.
2. An applicant for a temporary license must file an application with the secretary of the board not less than 45 days before the applicant intends to practice chiropractic in this state. The application must be accompanied by a fee of $50 and include:
(a) The applicants name, the address of his primary place of practice and his telephone number;
(b) A current photograph of the applicant measuring 2 by 2 inches;
(c) The name of the chiropractic school or college from which the applicant graduated and the date of his graduation;
(d) The number of the applicants license to practice chiropractic in another jurisdiction; and
(e) A list of the names and addresses of the patients to be treated by the applicant in this state or the name of the organization whose members the applicant intends to treat in this state.
3. A temporary license is valid for the 10-day period designated on the license and is not renewable.
4. The board may not grant more than two temporary licenses to an applicant during any calendar year.
Sec. 3. 1. The term of office of each member of the board is 4 years.
2. No member of the board may serve more than two consecutive full terms. If a person was appointed to fill an unexpired term of more than 2 years, he shall be deemed to have served a full term.
3. The governor may remove any member of the board for good cause.
Sec. 4. 1. The board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic $200.00
For an examination for a license to practice chiropractic ............................................................................. 200.00
For an application for, and the issuance of, a certificate as a chiropractors assistant.............................................. 100.00
For an examination for a certificate as a chiropractors assistant ............................................................................. 100.00
For the issuance of a license to practice chiropractic...... 300.00
For the annual renewal of a license to practice chiropractic ............................................................................. 300.00
For the annual renewal of an inactive license to practice chiropractic ............................................................................. 100.00
For the annual renewal of a certificate as a chiropractors assistant ............................................................................... 50.00
For the restoration to active status of an inactive license to practice chiropractic................................................................... 300.00
For reinstating a license to practice chiropractic which has been suspended or revoked, or which has lapsed............ 500.00
For a review of any subject on the examination................. 25.00 For the issuance of a duplicate license or for changing the name on a license..................................... $35.00
κ1993 Statutes of Nevada, Page 328 (CHAPTER 186, AB 237)κ
For the issuance of a duplicate license or for changing the name on a license............................................................................. $35.00
For written certification of licensure.................................... 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic ............................................................................... 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the board to a person who is not licensed to practice chiropractic ............................................................................... 10.00
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this state ............................................................................... 35.00
For a check made payable to the board that is dishonored upon presentation for payment............................................ 25.00
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this state to a person who is not licensed to practice chiropractic.......... 25.00
For each page of a list of continuing education courses that have not been approved by the board...................................... .50
For an application to a preceptor program offered by the board to graduates of chiropractic schools or colleges....... 35.00
For a review by the board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic ............................................................................... 10.00
2. In addition to the fees set forth in subsection 1, the board may charge and collect reasonable and necessary fees for any other service it provides.
Sec. 5. 1. The costs of any special meeting held by the board at the request of an institution, organization, chiropractic physician or an applicant for any license or certificate issued pursuant to the provisions of this chapter must be paid by the person or entity requesting the meeting.
2. A special meeting may not be held pursuant to such a request unless the person or entity requesting the meeting has submitted to the board a deposit of money sufficient to defray the expenses of the meeting.
Sec. 6. NRS 634.018 is hereby amended to read as follows:
634.018 Unprofessional conduct means:
1. Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
2. Procuring, or aiding or abetting in procuring, criminal abortion.
3. Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
4. Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this subsection, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.
κ1993 Statutes of Nevada, Page 329 (CHAPTER 186, AB 237)κ
communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this subsection prohibits the direct mailing of informational documents to former or current patients.
5. Willful disobedience of the law, or of the regulations of the state board of health, or of the regulations of the Nevada state board of chiropractic examiners.
6. Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.
7. Administering, dispensing or prescribing any controlled substance.
8. Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.
9. Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.
10. Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
11. Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.
12. Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
14. Solicitation by the licensee or his designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been:
(a) Involved in a motor vehicle accident;
(b) Involved in a work-related accident; or
(c) Injured by, or as the result of the actions of, another person.
15. Employing, directly or indirectly, any person as a chiropractors assistant unless the person has been issued a certificate by the board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the board concerning the application.
Sec. 7. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination must file an application not less than 60 days before the date of the examination.
2. [Applications] An application must be filed with the secretary of the board on [forms] a form to be furnished by the secretary.
3. [Applications] An application must be verified and must state the following:
(a) When and where the applicant was born and the various places of his residence, and must give at least two references in each place in which he has resided since attaining the age of 21 years.
(b) The name, age, sex and place of residence of the applicant.
κ1993 Statutes of Nevada, Page 330 (CHAPTER 186, AB 237)κ
(c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state and, if so, when and where and the results of the application.
(e) If the applicant is a naturalized citizen, and when and where naturalized.
(f) How long the applicant has resided in [the State of Nevada] this state and whether the applicant is a bona fide resident of [Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic.] this state.
(g) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state and, if so, whether any discharge, dismissal, disciplinary or other similar proceedings have ever been instituted against him. Such an applicant [shall] must also attach a certificate of the secretary of the chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.
(h) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether he is a graduate of any school or schools.
Sec. 8. NRS 634.100 is hereby amended to read as follows:
634.100 1. An applicant for a license to practice chiropractic in [the State of Nevada] this state must pay the required fee to the secretary of the board [a fee of $100.] not less than 60 days before the date of the examination.
2. An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject is entitled to a license to practice chiropractic.
3. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit must be given on this examination for all subjects previously passed with a grade of 75 percent or higher.
4. An applicant for a certificate as a chiropractors assistant must pay the required fee to the secretary of the board [a sum designated by the board, not to exceed $100,] before the application may be considered.
Sec. 9. NRS 634.120 Is hereby amended to read as follows:
634.120 1. All licenses must be signed by the president and the secretary and be attested by the official seal of the board. [A fee not to exceed $100] The required fee must be collected before a license to practice chiropractic is delivered.
2. A license to practice chiropractic authorizes the [holder thereof] licensee to use the term chiropractic physician.
3. A license to practice chiropractic must be displayed prominently at the licensees principal place of practice.
κ1993 Statutes of Nevada, Page 331 (CHAPTER 186, AB 237)κ
Sec. 10. NRS 634.121 is hereby amended to read as follows:
634.121 1. Any person who holds a license to practice chiropractic in this state but who does not maintain an active practice may maintain his license on inactive status by notifying the board and paying [an annual fee prescribed by the board of not more than $50.] the required fee.
2. An applicant to have an inactive license restored to active status shall:
(a) Submit satisfactory evidence to the board that he has maintained an active practice in another state, territory or country within the preceding 5 years;
(b) Submit satisfactory evidence to the board from all other licensing agencies from whom he has a license that he is in good standing and has no legal actions pending against him;
(c) Submit satisfactory evidence to the board that he has participated in a program of continuing education in accordance with NRS 634.130 for the year in which he seeks to go on active status; and
(d) Pay [a fee of not more than $200.] the required fee.
3. If any of the conditions of paragraphs (a) to (d), inclusive, of subsection 2 are not met by an applicant for active status, the board shall hold a hearing to determine the applicants professional competency before placing the license on active status.
Sec. 11. NRS 634.130 is hereby amended to read as follows:
634.130 1. Licenses and certificates must be renewed annually. Each person who is licensed [to practice chiropractic] pursuant to the provisions of this chapter must, upon the payment of the [fee provided for in this section,] required renewal fee, be granted a renewal certificate which authorizes him to continue to practice for 1 year.
2. [Every person holding a valid license and actively practicing chiropractic in this state, whether on a full-time or part-time basis, must pay a renewal fee not to exceed $200. Every person who holds a valid license in this state but does not actively practice chiropractic must pay a renewal fee not to exceed $50. Every chiropractors assistant must pay a renewal fee not to exceed $100.
3.] Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.
[4.] 3. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar of at least 12 hours approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the renewal date of his license.
[5.] 4. If a licensee fails to pay his renewal fee by January 1, fails to submit proof of continuing education pursuant to subsection [4] 3 or fails to notify the board of a change in the location of his office pursuant to NRS 634.129, his license is automatically suspended and may be reinstated only upon the payment of [a reinstatement fee of $100] the required fee for reinstatement in addition to the renewal fee.
κ1993 Statutes of Nevada, Page 332 (CHAPTER 186, AB 237)κ
upon the payment of [a reinstatement fee of $100] the required fee for reinstatement in addition to the renewal fee.
Sec. 12 The provisions of subsections 1 and 2 of section 3 of this act do not apply to any person who is a member of the Nevada state board of chiropractic examiners on the effective date of this act until the expiration of his current 3-year term of office.
________
Assembly Bill No. 377 — Committee on Ways and Means
CHAPTER 187
AN ACT making supplemental appropriations to the department of commerce for certain expenses; and providing other matters properly relating thereto.
[Approved June 3, 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 office of protection and advocacy of the department of commerce the sum of $665.86 for an employee to receive a 5-percent salary differential for fiscal year 1988-89 for supervising employees in the same classification. This appropriation is supplemental to that made by section 36 of chapter 747, Statutes of Nevada 1987, at page 1846.
Sec. 2. There is hereby appropriated from the state general fund to the division of financial institutions of the department of commerce the sum of $33.76 for reimbursement of an employee required by section 3 of chapter 431, Statutes of Nevada 1991, at page 1150, for time taken as leave without pay in fiscal year 1987-88. This appropriation is supplemental to that made by section 36 of chapter 747, Statutes of Nevada 1987, at page 1846.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 369 — Committee on Human Resources and Facilities
CHAPTER 188
AN ACT relating to indigent persons; allowing payment from the fund for hospital care to indigent persons for hospital care rendered by a hospital in another state; making a technical correction; and providing other matters properly relating thereto.
[Approved June 3, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto a new section to read as follows:
Fund means the fund for hospital care to indigent persons.
κ1993 Statutes of Nevada, Page 333 (CHAPTER 188, SB 369)κ
Sec. 2. NRS 428.115 is hereby amended to read as follows:
428.115 As used in NRS 428.125 to 428.255, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 428.125 to 428.165, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 428.145 is hereby amended to read as follows:
428.145 Hospital means an establishment [located in Nevada] which has the staff and equipment to provide diagnosis, care and treatment of all stages of human injury and illness and which provides 24-hour medical care.
________
Assembly Bill No. 441 — Committee on Government Affairs
CHAPTER 189
AN ACT relating to the city of North Las Vegas; authorizing the creation of a municipal library district; and providing other matters properly relating thereto.
[Approved June 7, 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 North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 2.310, to read as follows:
Sec. 2.310 Powers of city council: Creation of library district.
1. The city council may create a municipal library district to include all of the territory of the city except any such territory included within another library district on the date of creation of the municipal library district. The city council may designate itself as the governing authority of the municipal library district or may appoint a board of trustees as the governing authority.
2. The governing authority of the municipal library district has the powers and duties provided for the trustees of a public library by NRS 379.025, and the city council may provide for a tax upon all taxable property in the district at the same rate as is levied for the same year for the consolidated library district which includes the City of Las Vegas.
3. The district is not entitled to receive any distribution of supplemental city-council relief tax.
________
κ1993 Statutes of Nevada, Page 334κ
Assembly Bill No. 443 — Committee on Government Affairs
CHAPTER 190
AN ACT relating to the redevelopment of communities; authorizing a city council to include the mayor as a voting member when it declares itself the redevelopment agency; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.444 is hereby amended to read as follows:
279.444 1. As an alternative to the appointment of five members of the agency, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by NRS 279.382 to 279.680, inclusive, in an agency are vested in the legislative body of the community. If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether he is a member of the legislative body.
2. A city may enact its own procedural ordinance and exercise the powers granted by NRS 279.382 to 279.680, inclusive.
3. An agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 194 — Assemblymen Carpenter, Hettrick, Ernaut and Marvel
CHAPTER 191
AN ACT relating to the state fire marshal; requiring the state fire marshal to delegate his authority and duties to local governments under certain circumstances; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of combustibles, flammables and fireworks.
κ1993 Statutes of Nevada, Page 335 (CHAPTER 191, AB 194)κ
(c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.
(d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. [The] Except as otherwise provided in subsection 10, the state fire marshal shall:
(a) Investigate any fire which occurs in a county whose population is less than 35,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
κ1993 Statutes of Nevada, Page 336 (CHAPTER 191, AB 194)κ
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
on request or as he deems necessary.
10. In a county whose population is less than 35,000, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local governments personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.
________
Assembly Bill No. 402 — Committee on Education
CHAPTER 192
AN ACT relating to the University of Nevada System; requiring a student who participates as a member of a varsity athletic team to make satisfactory progress toward obtaining a degree; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of regents shall require each student who participates as a member of a varsity athletic team which represents the University of Nevada, Reno, or the University of Nevada, Las Vegas, to make satisfactory progress toward obtaining a degree as a condition of participation as a member of the team.
2. The board of regents shall establish standards for determining whether a student is making satisfactory progress toward obtaining his degree as required by this section. The standards must:
(a) Include a requirement that a student enroll in a sufficient number of courses in each semester that are required to obtain the academic degree the student is seeking to allow the student to complete the requirements for obtaining the degree within a reasonable period after his admission.
κ1993 Statutes of Nevada, Page 337 (CHAPTER 192, AB 402)κ
(b) Include a requirement that a student maintain a minimum grade-point average in the courses required pursuant to paragraph (a).
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 438 — Committee on Taxation
CHAPTER 193
AN ACT relating to local governmental finance; revising the provisions of Senate Bill No. 307 of this session to limit the authorization for creating and financing park districts to certain larger counties; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of Senate Bill No. 307 of this session is hereby amended to read as follows:
Sec. 2. 1. [A] The board of county commissioners of a county whose population is 400,000 or more 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. 2. Section 6 of Senate Bill No. 307 of this session is hereby amended to read as follows:
Sec. 6. Notwithstanding any other specific statute, if a county whose population is 400,000 or more 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.
κ1993 Statutes of Nevada, Page 338 (CHAPTER 193, AB 438)κ
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. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 30 — Senator Nevin
CHAPTER 194
AN ACT relating to contracts of insurance; requiring an insurer which pays a claim for damage to a motor vehicle to issue a check or draft payable jointly to the insured and the garage or body shop which repaired the vehicle; requiring certain damaged motor vehicles to be repaired by a garage or licensed body shop; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686A.300 is hereby amended to read as follows:
686A.300 1. An insurer who issues insurance covering damage to a motor vehicle shall not delay making payment for any claim involving damage to a motor vehicle after receiving a statement of charges, pursuant to the provisions of NRS 487.035, from any [person or] garage or licensed body shop previously authorized by the [insurer] insured to perform the repairs required by that claim.
2. A delay, within the meaning of this section, is failure to issue a check or draft, payable to the [person repairing] garage or licensed body shop or jointly to the insured and [person repairing jointly,] the garage or licensed body shop, within 30 days after the insurers receipt of the statement of charges for repairs which have been satisfactorily completed.
3. If the damaged vehicle is subject to a security interest or the legal owner of the damaged vehicle is different from the registered owner, the vehicle must be repaired by a garage or licensed body shop unless:
(a) The insurer has declared the vehicle a total loss; or
(b) The total charge for the repair of the vehicle, as set forth in the statement of charges presented pursuant to NRS 487.035, is $300 or less.
4. Except as otherwise provided in subsection 3, nothing in this section shall be deemed to prohibit an insurer and insured from settling a claim involving damage to a motor vehicle without providing for the repair of the vehicle.
5. As used in this section, licensed body shop means a body shop for which a license has been issued pursuant to chapter 487 of NRS.
Sec. 2. The amendatory provisions of this act apply only to a policy of insurance issued or renewed on or after October 1, 1993.
________
κ1993 Statutes of Nevada, Page 339κ
Senate Bill No. 314 — Committee on Human Resources and Facilities
CHAPTER 195
AN ACT relating to education; renaming the University of Nevada System as the University and Community College System of Nevada; and providing other matters properly relating thereto.
[Approved June 7, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.106 is hereby amended to read as follows:
385.106 1. The superintendent of public instruction may administer the higher education student loan program and may consult with any public officer or private person in the state who may have an interest in higher education or in the program. The superintendent of public instruction shall notify the state board at least 30 days in advance if he intends to stop administering the program.
2. After receiving notice from the superintendent of public instruction that he intends to stop administering the program, but before he actually stops administering it, the state board, with the concurrence of the governor, shall designate another public agency or private nonprofit organization to administer the program in a manner which ensures continued access to the program by postsecondary schools in this state, including all of the institutions of the University [of Nevada System.] and Community College System of Nevada. The designation may authorize assumption of any reserves or liability accruing to an agency or organization engaged in administering the program or the guarantee of students loans.
3. If the superintendent of public instruction administers the program, the state board may:
(a) Negotiate and accept federal and other money appropriated and available to insure loans for student educational purposes under the program.
(b) Negotiate and enter into such agreements with other agencies as it deems proper for the administration and conduct of the program.
(c) Accept gifts, grants and contributions from any source that will facilitate and assist the higher education of Nevada residents.
Sec. 2. NRS 391.011 is hereby amended to read as follows:
391.011 1. The commission on professional standards in education, consisting of nine members appointed by the governor, is hereby created.
2. Four members of the commission must be teachers who teach in the classroom as follows:
(a) One who teaches in a secondary school.
(b) One who teaches in a middle school or junior high school.
(c) One who teaches in an elementary school.
(d) One who teaches special education.
3. The remaining members of the commission must include:
(a) One counselor or psychologist employed by a school district.
(b) Two administrators of schools, at least one of whom must be a principal of a school.
κ1993 Statutes of Nevada, Page 340 (CHAPTER 195, SB 314)κ
(c) The dean of the College of Education at [either] one of the universities in the University [of Nevada System.] and Community College System of Nevada.
(d) One member who is a representative of the general public.
4. The appointments of a counselor, the administrators and three of the four teachers must be made from a list of names of at least three persons for each position that is submitted to the governor:
(a) For the counselor and teachers, by an employee organization representing the majority of counselors and the majority of teachers in Nevada who teach in the educational level from which the appointment is being made; or
(b) For administrators, by an organization of administrators for schools in which the majority of administrators of schools in this state have membership.
5. One member of the commission who is a teacher, administrator, counselor or psychologist must be employed by a private school licensed pursuant to chapter 394 of NRS.
Sec. 3. NRS 391.095 is hereby amended to read as follows:
391.095 A school district may enter into an agreement with a [division] branch of the University [of Nevada System] and Community College System of Nevada for the assignment of [university] its students for training purposes as student teachers, counselors or trainees in a library, or for experience in a teaching laboratory. [University students] Students so assigned within the school district for training purposes may, under the direction and supervision of a licensed teacher, instruct and supervise [children] pupils in the school, on the school grounds or on authorized field trips. The [university] students so assigned are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.
Sec. 4. NRS 394.625 is hereby amended to read as follows:
394.625 1. Except for the University and Community College System of Nevada, no person may use the term university or college or any term or abbreviation which represents that the person is a university or college as part of the name or other designation of any entity without authorization from the commission.
2. The commission shall adopt regulations for authorizing postsecondary educational institutions to use the term university or college as part of their respective names or designations. The regulations must provide for consideration of the institutions qualification to award degrees and may include minimum standards similar to those prescribed by law for licensing by the commission.
Sec. 5. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the context otherwise requires:
1. Board of regents means the board of regents of the University of Nevada.
2. Community college means all of the community colleges within the University and Community College System of Nevada.
3. System means the University and Community College System of Nevada.
κ1993 Statutes of Nevada, Page 341 (CHAPTER 195, SB 314)κ
4. University means all of the universities within the University and Community College System of Nevada.
Sec. 6. NRS 396.010 is hereby amended to read as follows:
396.010 1. The seat of the state university, as described in section 4 of article 11 of the constitution of the State of Nevada, is hereby located at the office of the chancellor of the University [of Nevada System.
2. The branches of the University of Nevada are the University of Nevada, Reno, and the University of Nevada, Las Vegas.
3.] and Community College System of Nevada.
2. Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.
Sec. 7. NRS 396.020 is hereby amended to read as follows:
396.020 The legal and corporate name of the state university [shall be] is the University of Nevada. The system of [universities, colleges, research and public service units] :
1. Universities;
2. Community colleges;
3. Administrative services;
4. Research facilities, including the desert research institute and the ethics institute; and
5. Departments within the public service division,
administered under the direction of the board of regents [shall collectively be] is hereby collectively known as the University [of Nevada System.] and Community College System of Nevada. The system is comprised of such branches and facilities as the board of regents deems appropriate.
Sec. 8. NRS 396.110 is hereby amended to read as follows:
396.110 1. The board of regents may prescribe rules for:
(a) Its own government; and
(b) The government of the [university.] system.
2. The board of regents shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to NRS 202.265.
Sec. 9. NRS 396.210 is hereby amended to read as follows:
396.210 1. After consultation with the faculty, the board of regents shall appoint a chancellor of the [University of Nevada System.] system.
2. The chancellor shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities.
Sec. 10. NRS 396.220 is hereby amended to read as follows:
396.220 The board of regents shall [have the power to] fix the salary of the chancellor of the [University of Nevada System.] system.
Sec. 11. NRS 396.230 is hereby amended to read as follows:
396.230 The board of regents shall [have the power to] prescribe the duties of the chancellor and such other officers of the [university] system as the board deems appropriate.
Sec. 12. NRS 396.240 is hereby amended to read as follows:
396.240 The chancellor and other officers of the [university] system shall make such reports to the board of regents as they deem appropriate or as the board of regents may require.
κ1993 Statutes of Nevada, Page 342 (CHAPTER 195, SB 314)κ
Sec. 13. NRS 396.251 is hereby amended to read as follows:
396.251 1. The board of regents may establish policies and procedures for personnel which govern student employees, physicians engaged in a program for residency training and postdoctoral fellows of the [University of Nevada System] system and which are separate from the policies and procedures established for the unclassified personnel of the [University of Nevada System.] system. Any such policy or procedure does not diminish the eligibility of those persons for coverage as employees under the provisions of chapter 616 of NRS.
2. In establishing policies and procedures pursuant to subsection 1, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS. Those provisions do not apply to a student employee, a physician engaged in a program for residency training or a postdoctoral fellow of the [University of Nevada System] system unless otherwise provided by the board of regents.
Sec. 14. NRS 396.270 is hereby amended to read as follows:
396.270 1. Each teacher, instructor and professor employed by the board of regents [of the University of Nevada] whose compensation is payable out of the public funds, except teachers, instructors and professors employed pursuant to the provisions of NRS 396.260, shall take and subscribe to the constitutional oath of office before entering upon the discharge of his duties.
2. The oath of office, when taken and subscribed, shall be filed in the office of the board of regents.
Sec. 15. NRS 396.280 is hereby amended to read as follows:
396.280 The board of regents shall have the power to fix the salaries of the academic staff of the [university.] system.
Sec. 16. NRS 396.290 is hereby amended to read as follows:
396.290 Except as otherwise provided [pursuant to] in NRS 396.251 and 396.7953, all employees of the [University of Nevada System,] system, including those [persons] employees who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, may elect to receive the benefits provided under the contract of integration entered into between the board of regents [of the University of Nevada] and the public employees retirement board on June 30, 1950, pursuant to the provisions of NRS 286.370 or may exercise an option to receive the benefits provided under NRS 286.802 to 286.816, inclusive.
Sec. 17. NRS 396.300 is hereby amended to read as follows:
396.300 The board of regents [shall have the power to] may prescribe rules for the reports of officers and teachers of the [university.] system.
Sec. 18. NRS 396.311 is hereby amended to read as follows:
396.311 The board of regents shall adopt [and promulgate] regulations establishing a system of probation for the professional employees of the community colleges . [of the University of Nevada System.] The regulations must provide for a probationary period of such length as the board deems appropriate.
Sec. 19. NRS 396.320 is hereby amended to read as follows:
396.320 1. The willful neglect or failure on the part of any teacher, instructor, professor, president or chancellor in the [University of Nevada System] system to observe and carry out the requirements of this chapter [shall be] is sufficient cause for the dismissal or removal of [such] the person from his position.
κ1993 Statutes of Nevada, Page 343 (CHAPTER 195, SB 314)κ
System] system to observe and carry out the requirements of this chapter [shall be] is sufficient cause for the dismissal or removal of [such] the person from his position.
2. It [shall be] is sufficient cause for the dismissal of any teacher, instructor, professor, president or chancellor in the [University of Nevada System when such] system when the person advocates, or is a member of an organization which advocates, overthrow of the Government of the United States or of the state by force, violence or other unlawful means.
Sec. 20. NRS 396.323 is hereby amended to read as follows:
396.323 1. The board of regents, the chancellor [,] of the system and the presidents of all the [University of Nevada, Las Vegas, the University of Nevada, Reno, the desert research institute, the Truckee Meadows Community College, the Western Nevada Community College, the Northern Nevada Community College and the Clark County Community College have subpena power] branches and facilities within the system may issue subpenas in all instances involving disciplinary hearings of members of the [university community.
2. Such] system.
2. Those persons may issue subpenas requiring the attendance of witnesses before them together with all books, memoranda, papers and other documents relative to the matters under investigation or to be heard, administer oaths and take testimony thereunder.
3. The district court in and for the county in which any hearing is being conducted by any of the persons named in subsection 1 may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the person holding the hearing.
4. In case of the refusal of any witness to attend or testify or produce any papers required by [such] the subpena, the person holding the hearing may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness has failed and refused to attend or produce the papers required by subpena before the person holding the hearing named in the subpena, or has refused to answer questions propounded to him in the course of [such a] the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before [such a] the person.
5. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time [to be not] must not be more than 10 days [from] after the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.
κ1993 Statutes of Nevada, Page 344 (CHAPTER 195, SB 314)κ
the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.
Sec. 21. NRS 396.325 is hereby amended to read as follows:
396.325 1. The board of regents may:
(a) Create a police department for the [University of Nevada System] system and appoint one or more persons to be members of the department; and
(b) In a county whose population is less than 400,000, authorize the department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
2. Persons employed and compensated as members of the department, when so appointed and duly sworn, are peace officers, but may exercise their powers or authority only:
(a) Upon the campuses of the [University of Nevada System,] system, including that area to the center line of public streets adjacent to a campus;
(b) When in hot pursuit of a violator leaving such a campus or area;
(c) In or about other grounds or properties of the [University of Nevada System;] system; or
(d) [Except as limited by subsection 3, in] In accordance with interlocal agreements entered into with other law enforcement agencies [.] pursuant to subsection 3.
3. An interlocal agreement between the police department for the [University of Nevada System] system and other law enforcement agencies may allow peace officers of the department to exercise their powers or authority:
(a) On any public street that is adjacent to property owned by the [university.] system.
(b) On any property that is consistently used by an organization whose recognition by the [university] system is a necessary condition for its continued operation.
(c) On any property that is rented or leased by the [university] system for an event that is approved by the [university.] system.
(d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.
Sec. 22. NRS 396.327 is hereby amended to read as follows:
396.327 Every member of the [University of Nevada System] police department [shall] for the system must be supplied with, authorized and required to wear a badge bearing the words University Police, Nevada.
Sec. 23. NRS 396.328 is hereby amended to read as follows:
396.328 The police department for the [University of Nevada System] system shall, at the request of a person who claims to have sustained damages as a result of an accident, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his legal representative with a copy of the accident report and all statements by witnesses and photographs in the possession or under the control of the department that concern the accident, unless the materials are privileged or confidential pursuant to a specific statute.
κ1993 Statutes of Nevada, Page 345 (CHAPTER 195, SB 314)κ
Sec. 24. NRS 396.340 is hereby amended to read as follows:
396.340 1. The University [of Nevada System] and Community College System of Nevada was, and now is, established in accordance with the provisions of the constitution of the State of Nevada, and also in accordance with the provisions of an Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.
2. The board of regents [of the University of Nevada] are the proper trustees of the [same] system to receive and disburse all appropriations made to this state under the provisions of an Act of Congress entitled An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two, approved August 30, 1890 (c. 841, 26 Stat. 419), and all appropriations hereafter to be made under [such] the act.
3. The board of regents shall make a report at the end of each fiscal year, in connection with its annual report to the governor, of other [university matters,] matters concerning the system, including the amounts received and disbursed under the provisions of this section. The governor shall transmit all annual reports to the legislature.
4. The legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in subsection 2, and agrees that the [same shall] grants must be used only for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.
Sec. 25. NRS 396.350 is hereby amended to read as follows:
396.350 1. The moneys arising from the sale of the 72 sections of land granted this state by the Act of Congress entitled An act concerning Lands granted to the State of Nevada, approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university, which sale was directed by the provisions of section 4 of chapter 85, Statutes of Nevada 1873, [shall be and] constitute a fund to be known as the irreducible university fund . [, and the same shall] The money in the fund must be invested by the board of regents [of the University of Nevada] in United States bonds , [or the] bonds of this state, [or the] bonds of other states of the Union [, or the] or bonds of any county in the State of Nevada. [Such loans shall be under] The investments are subject to such further restrictions and regulations as may be provided by law.
2. The interest only of the proceeds resulting from the investments described in subsection 1 [shall] must be used for the maintenance of the [university,] system, and any surplus interest [shall] must be added to the principal sum.
Sec. 26. NRS 396.370 is hereby amended to read as follows:
396.370 1. The following money is hereby set aside and inviolably appropriated for the support and maintenance of the [University of Nevada System, and shall] system, and must be paid out for the purposes designated by law creating the several funds:
κ1993 Statutes of Nevada, Page 346 (CHAPTER 195, SB 314)κ
System, and shall] system, and must be paid out for the purposes designated by law creating the several funds:
(a) The interest derived from the investment of all [moneys arising] money from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c. 130, 12 Stat. 503).
(b) The interest derived from the investment of all [moneys arising] money from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled An act concerning certain Lands granted to the State of Nevada, approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.
(c) All money paid as interest on deferred installments on the purchase of lands named in this section which may be sold under contract as provided in NRS 321.240.
2. Additional state maintenance and support of the [University of Nevada System shall] system must be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
Sec. 27. NRS 396.380 is hereby amended to read as follows:
396.380 1. The members of the board of regents [of the University of Nevada] are the sole trustees to receive and disburse all [funds of the university] money of the system for the purposes provided in NRS 396.370.
2. The board of regents shall control the expenditures of all [moneys] money appropriated for the support and maintenance of the [university] system and all [moneys] money received from any other source . [whatever.]
Sec. 28. NRS 396.383 is hereby amended to read as follows:
396.383 1. The University [of Nevada System] and Community College System of Nevada accounts payable revolving fund is hereby created. The board of regents may deposit the money of the fund in any state or national bank or banks in the State of Nevada.
2. The chief business officer of each business center of the [University of Nevada System] system shall:
(a) Pay from the fund such operating expenses of the [university] system as the board of regents may by rule prescribe.
(b) Submit claims to the state board of examiners for money of the [University of Nevada System] system on deposit in the state treasury or elsewhere to replace money paid from the University [of Nevada System] and Community College System of Nevada accounts payable revolving fund.
Sec. 29. NRS 396.385 is hereby amended to read as follows:
396.385 The board of regents [of the University of Nevada] may authorize the chief business officer of each business center of the [University of Nevada System] system to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:
1. The mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
κ1993 Statutes of Nevada, Page 347 (CHAPTER 195, SB 314)κ
2. The [use of the] facsimile signature may [be made] only be used under the direction and supervision of the chief business officer of the business center.
3. The registered key to the mechanical device must be kept in a vault at all times when the key is not in use.
Sec. 30. NRS 396.390 is hereby amended to read as follows:
396.390 1. Before payment, all claims of every name and nature involving the payment of money by or under the direction of the board of regents from funds set aside and appropriated [shall] must be passed upon by the state board of examiners.
2. The board of regents shall, with the approval of the governor, require all officers and employees of the [University of Nevada System] system whose duties, as prescribed by law, require [such] the officers or employees to approve claims against any public funds to file [such] the claims in the office of the board of regents [at the university] for transmittal.
Sec. 31. NRS 396.420 is hereby amended to read as follows:
396.420 1. The board of regents [shall have the power to] may accept and take in the name of the [University of Nevada System,] system, for the benefit of any [component] branch or facility of the [University of Nevada System,] system, by grant, gift, devise or bequest, any property for [the use of the university, or of any college thereof, or of any professorship, chair or scholarship therein, or for the library, workshops, farms, students loan fund, or any other] any purpose appropriate to the [university.
2. Such property shall] system.
2. Property so acquired must be taken, received, held, managed, invested, and the proceeds thereof used, bestowed and applied by the board of regents for the purposes, provisions and conditions prescribed by the respective grant, gift, devise or bequest.
3. Nothing in this chapter [shall be deemed to prohibit] prohibits the State of Nevada from accepting and taking by grant, gift, devise or bequest any property for the use and benefit of the [University of Nevada System.] system.
Sec. 32. NRS 396.430 is hereby amended to read as follows:
396.430 1. The board of regents [shall have the power to] may sell or lease any property granted, donated, devised or bequeathed to the [university] system if:
(a) The sale or lease [of such property] is not prohibited by or inconsistent with the provisions or conditions prescribed by the grant, gift, devise or bequest ; [thereof;] and
(b) [Any such] The sale or lease is approved by the governor.
2. The proceeds and rents from [such] the sale or lease [shall] must be held, managed, invested, used, bestowed and applied by the board of regents for the purposes, provisions and conditions prescribed by the original grant, gift, devise or bequest of the property so sold or leased.
Sec. 33. NRS 396.432 is hereby amended to read as follows:
396.432 Any property which is in the possession of any authorized agent of the [University of Nevada System] system and which is not claimed within 1 year by the owner of the property or his authorized agent or representative [shall] must be disposed of by the [university] system in the following manner:
κ1993 Statutes of Nevada, Page 348 (CHAPTER 195, SB 314)κ
[shall] must be disposed of by the [university] system in the following manner:
1. [Moneys] Money may be forfeited to the [university] system;
2. Personal property may be sold at public auction and the proceeds forfeited to the [university] system; and
3. Any property not otherwise disposed of as provided in this section [shall] must be donated to a charitable institution.
Sec. 34. NRS 396.435 is hereby amended to read as follows:
396.435 1. The board of regents [of the University of Nevada shall have the power] may by affirmative vote of a majority of its members [to] adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property owned or used by the [University of Nevada System.
2. Such regulations shall] system.
2. The regulations have the force and effect of law.
3. A copy of every such regulation, giving the date that it takes effect, [shall] must be filed with the secretary of state, and copies of the regulations [shall] must be published immediately after adoption and issued in pamphlet form for distribution to faculty and students of the [university] system and to the general public.
4. [Any] A person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.
Sec. 35. NRS 396.436 is hereby amended to read as follows:
396.436 The board of regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the [university or its departments.] system. Copies of current inventory records and controls [shall] must be delivered to the chief of the purchasing division of the department of general services, and [such copies shall] the copies must satisfy the requirements of NRS 333.200.
Sec. 36. NRS 396.437 is hereby amended to read as follows:
396.437 1. Except as otherwise provided in this section, the [University of Nevada System] system shall recycle or cause to be recycled the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.
2. The [University of Nevada System, or a department or division of the system, is] system is not required to comply with the requirements of subsection 1 if the board of regents [of the system] determines that the cost to recycle or cause to be recycled the paper and paper products used by the system or [a department or division of the system,] one of its branches or facilities is unreasonable and would place an undue burden on the operations of the system [or the department or division of the system.] , branch or facility.
3. The board of regents [of the University of Nevada System] shall adopt regulations which prescribe the procedure for the disposition of the paper and paper products to be recycled.
4. Any money received by the [University of Nevada System] system for recycling or causing to be recycled the paper and paper products it uses must be paid by the board of regents to the state treasurer for credit to the state general fund.
κ1993 Statutes of Nevada, Page 349 (CHAPTER 195, SB 314)κ
5. As used in this section:
(a) Paper includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
(b) Paper product means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.
Sec. 37. NRS 396.440 is hereby amended to read as follows:
396.440 The board of regents [shall have the power to] may prescribe the course of study, the commencement and duration of the terms, and the length of the vacations [of the university.] for the system.
Sec. 38. NRS 396.500 is hereby amended to read as follows:
396.500 1. Instruction [in the university shall] within the system must be given in the essentials of the Constitution of the United States and the constitution of the State of Nevada, including the origin and history of the constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 [shall] must be given during at least 1 year of the college grades.
3. [No student in the university shall receive] The system shall not issue a certificate or diploma of graduation [without previously having] to a student who has not passed a satisfactory examination upon the constitutions.
Sec. 39. NRS 396.505 is hereby amended to read as follows:
396.505 1. The board of regents [of the University of Nevada] shall prepare a comprehensive plan for the next 4 years which explains:
(a) Any anticipated new programs and expansions of existing programs of instruction, public service or research, itemized by year and by purpose;
(b) The anticipated cost of each new or expanded program described under paragraph (a);
(c) The amount and source of any [moneys] money anticipated to be available, from sources other than legislative appropriation, to meet each item of anticipated cost listed pursuant to paragraph (b); and
(d) Any further information concerning its comprehensive planning which the board of regents may deem appropriate.
2. The board of regents shall biennially bring the plan up to date for the ensuing 4 years, and shall present the revised plan to the legislature not later than February 1 of each odd-numbered year.
Sec. 40. NRS 396.515 is hereby amended to read as follows:
396.515 Instruction [in the university shall] within the system must be given in the essentials of ecology and environmental protection. Such instruction [shall] must be included in the [teacher education] program developed by the [university.] system for the education of teachers.
Sec. 41. NRS 396.521 is hereby amended to read as follows:
396.521 1. The board of regents , [of the University of Nevada System,] in cooperation with the health division of the department of human resources, may establish a genetics program to provide clinical genetic and diagnostic services to residents of Nevada who have or may have a hereditary, chromosomal or multifactorial disorder.
κ1993 Statutes of Nevada, Page 350 (CHAPTER 195, SB 314)κ
may establish a genetics program to provide clinical genetic and diagnostic services to residents of Nevada who have or may have a hereditary, chromosomal or multifactorial disorder.
2. The University of Nevada School of Medicine must provide consultation and other appropriate services to the genetics program.
Sec. 42. NRS 396.526 is hereby amended to read as follows:
396.526 1. The genetics program must include a geneticist and a cytogeneticist and such other personnel as determined by the board of regents [of the University of Nevada System] and the health division of the department of human resources.
2. Except as otherwise provided in subsection 3:
(a) The clinical services provided by the genetics program must be supervised by a geneticist who is certified or eligible to be certified by the American Board of Medical Genetics and who is a physician licensed in this state.
(b) A cytogeneticist employed by the genetics program must be certified or eligible to be certified by the American Board of Medical Genetics and:
(1) Be a licensed physician; or
(2) Have a degree of doctor of philosophy in a medical or biological science from an accredited college or university and experience in cytogenetics as approved by the University of Nevada School of Medicine.
3. The state board of health may exempt a geneticist or a cytogeneticist employed by the genetics program from the requirements provided in subsection 2 upon receipt of clear and convincing evidence that hiring a geneticist or a cytogeneticist with qualifications other than those required by subsection 2 substantially complies with the intent of the law and is in the interest of the safety of the public.
Sec. 43. NRS 396.543 is hereby amended to read as follows:
396.543 1. The board of regents may enter into an agreement with another state for the granting of full or partial waivers of the nonresident tuition to residents of the other state who are students at or are eligible for admission to any branch of the [universities and colleges of the University of Nevada System] system if the agreement provides that, under substantially the same circumstances, the other state will grant reciprocal waivers to residents of Nevada who are students at or are eligible for admission to universities or colleges in the other state.
2. Each agreement must specify:
(a) The criteria for granting the waivers; and
(b) The specific universities and community colleges for which the waivers will be granted.
3. The board of regents shall provide by regulation for the administration of any waivers for which an agreement is entered into pursuant to subsection 1.
4. The waivers granted pursuant to this section must not be included in the number of waivers determined for the purpose of applying the limitation in subsection 3 of NRS 396.540.
Sec. 44. NRS 396.547 is hereby amended to read as follows:
396.547 1. The student body of [a campus of the University of Nevada System] each branch of the system may establish a student government. The student government shall adopt a set of bylaws which are subject to the approval of:
κ1993 Statutes of Nevada, Page 351 (CHAPTER 195, SB 314)κ
student government shall adopt a set of bylaws which are subject to the approval of:
(a) A majority of the students who vote in an election held for that purpose; and
(b) The board of regents.
2. Such a student government to the extent of its authority set forth in the bylaws is self-governing and independent of the administration of the [University of Nevada System,] system, financially and otherwise.
3. The board of regents shall collect a fee from each undergraduate student at a [campus of the University of Nevada System,] branch of the system for the support of the student government of that [campus,] branch upon:
(a) Receipt of a request by the student government for the imposition of such a fee; and
(b) Approval by the board of regents of the amount of the fee so requested.
Sec. 45. NRS 396.560 is hereby amended to read as follows:
396.560 1. Upon the recommendation of a president of [the university,] a branch within the system, the board of regents shall issue to those who worthily complete the full course of study in the school of mines or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the [University of Nevada.
2. No diploma bearing the distinctive title University of Nevada shall be issued to anyone] system.
2. The board of regents shall not issue such a diploma to a person who has not completed the full course of study as set forth in subsection 1.
Sec. 46. NRS 396.580 is hereby amended to read as follows:
396.580 Upon the recommendation of a president of [the university,] a branch within the system, the board of regents shall issue to those who worthily complete a full course of study in any other department of the [university,] system, not equivalent to a regular [university] course, a diploma of graduation, but the diploma [shall] must bear the name of the department from which it is issued, and in no case [shall] may it bear the heading of the regular [university diploma.] diploma issued by the board of regents.
Sec. 47. NRS 396.595 is hereby amended to read as follows:
396.595 1. The office of state climatologist is hereby created.
2. The governor shall appoint to the office of state climatologist a person who has received the approval of:
(a) The National Climatic Data Center of the National Oceanic and Atmospheric Administration;
(b) The Western Regional Director of the National Weather Service; and
(c) An officer of the [University of Nevada System.] system.
3. The state climatologist shall:
(a) Maintain descriptions of and information on the climate in this state, including the atmospheric conditions and levels of precipitation; and
(b) Publish his findings concerning the climate in this state at least quarterly.
κ1993 Statutes of Nevada, Page 352 (CHAPTER 195, SB 314)κ
Sec. 48. NRS 396.597 is hereby amended to read as follows:
396.597 1. The [University of Nevada System] system may provide the state climatologist with adequate space for an office and necessary supplies.
2. The state climatologist may, in addition to his employment as state climatologist:
(a) Be employed by the board of regents [of the University of Nevada] as a member of the teaching staff of [the university;] one of the branches or facilities within the system; and
(b) Accept employment as a consultant.
Sec. 49. NRS 396.600 is hereby amended to read as follows:
396.600 The public service division of the [University of Nevada System] system consists of the following public service departments:
1. Agricultural extension.
2. Agricultural experiment station.
3. Bureau of mines and geology.
4. Such other departments as the board of regents may designate.
Sec. 50. NRS 396.610 is hereby amended to read as follows:
396.610 All rules and regulations necessary for the proper administration and enforcement of the public service division of the [University of Nevada System shall] system must be made by the presidents, the chancellor and the board of regents.
Sec. 51. NRS 396.620 is hereby amended to read as follows:
396.620 1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the [president of the university] chancellor shall cause to be analyzed by an appropriate employee of the [university] system any ores, minerals, soil or water taken from within the boundaries of the State of Nevada [,] and sent by any [citizen] resident of the [State of Nevada] state for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada [citizens. Any citizen] residents. Any resident of the state may send any such substance for analysis . [and have the] The report of the results of the analysis must be mailed to him within 10 working days after it has been received [,] if he has supplied the [university with the] information for [its] the maintenance of records as provided in this section. The report sent to him must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the [university] system shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The [university must] system shall keep a record, open for inspection, under such rules as may be made by the board of regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person [or persons] from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the [university] system before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received [at the university.] by the system. Forms for providing the information must be printed by the state printing and micrographics division of the department of general services and distributed [free.]
κ1993 Statutes of Nevada, Page 353 (CHAPTER 195, SB 314)κ
printed by the state printing and micrographics division of the department of general services and distributed [free.] at no charge.
4. A portion of the sample analyzed must be kept [at the university] by the system for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
Sec. 52. NRS 396.690 is hereby amended to read as follows:
396.690 The assent of the State of Nevada by its legislature is hereby given to the provisions and requirements of an Act of Congress entitled An Act to provide for cooperative extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture, approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts amendatory thereof and supplemental thereto. The board of regents [of the University of Nevada] is hereby authorized and empowered to receive the grants of money appropriated under such federal acts, and to organize and conduct agricultural extension work which [shall] must be carried on in connection with the college of agriculture of the [University of Nevada System,] system, in accordance with the terms and conditions expressed in such Acts of Congress.
Sec. 53. NRS 396.740 is hereby amended to read as follows:
396.740 The agricultural experiment station, organized and established by the board of regents in connection with the [University of Nevada System,] system, is hereby recognized and [shall be continued] continues as a part of the [University of Nevada System.] system. The agricultural experiment station [shall] must be conducted for the purposes of acquiring and diffusing among the people useful and practical information on subjects connected with agriculture [,] and to promote scientific investigation and experiment respecting the principles and applications of agricultural science.
Sec. 54. NRS 396.750 is hereby amended to read as follows:
396.750 The board of regents, upon recommendation of the appropriate officer of the [University of Nevada System shall designate and] system shall appoint a qualified [individual] person to conduct the agricultural experiment station [, and shall] and grant him such assistants as [they deem] it deems necessary.
Sec. 55. NRS 396.790 is hereby amended to read as follows:
396.790 1. The director of the Nevada agricultural experiment station of the [University of Nevada System,] system, with the approval of the board of regents, is hereby authorized and directed to enter into cooperative agreements with the United States Department of Agriculture under the provisions of an Act of Congress entitled An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products, approved August 14, 1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).
2. [Funds to carry out the provisions of this section will be provided by direct legislative appropriation, which funds shall constitute the] The Nevada agricultural experiment station fund [.] is hereby created. Support for the fund must be provided by legislative appropriation from the state general fund.
κ1993 Statutes of Nevada, Page 354 (CHAPTER 195, SB 314)κ
3. All claims against the Nevada agricultural experiment station fund [shall] must be certified by the director of the Nevada agricultural experiment station, approved by the board of regents and the state board of examiners [,] and when so certified and approved, the state controller is authorized to draw his warrants in payment of the [same,] claim, and the state treasurer is authorized to pay the [same.] claim.
Sec. 56. NRS 396.795 is hereby amended to read as follows:
396.795 To contribute more effectively to the security of the nation and to promote the general welfare of the State of Nevada and its citizens through the development of educational and scientific research, the board of regents [of the University of Nevada] may establish for educational and scientific research [an institution of the university] a facility within the system to be known as the desert research institute.
Sec. 57. NRS 396.7951 is hereby amended to read as follows:
396.7951 The primary purposes of the institute [shall be:
1. To foster and to] are to:
1. Foster and conduct fundamental scientific, economic, social or educational investigations [,] and applied research for industry, governmental or private agencies [,] or individuals;
2. [To encourage] Encourage and foster a desire [for research on the part of] in students and faculty [;
3. To discover] to conduct research;
3. Discover and develop [research talent;
4. To acquire] talent for conducting research;
4. Acquire and disseminate knowledge related to the projects undertaken; and
5. [In general, to promote] Promote all research [objectives of the University of Nevada System.] within the system generally.
Sec. 58. NRS 396.7952 is hereby amended to read as follows:
396.7952 To further the development of the research activities of the [university,] system, the board of regents , [of the University of Nevada,] on behalf of the desert research institute, may:
1. Enter into contracts with governmental or private agencies or natural persons who wish to use the services or facilities of the desert research institute.
2. Receive and hold, by gift, bequest, devise, grant, purchase or otherwise, any real or personal property, including patents, copyrights, royalties and contracts from natural persons or corporations.
3. Manage, invest, use and dispose of any property so received, either as specified by the donor or for the furtherance of the objectives of the desert research institute.
4. Receive, invest, disburse and account for all money acquired pursuant to subsection 2 or through contractual or sponsored arrangements with governmental or private agencies or natural persons.
Sec. 59. NRS 396.7953 is hereby amended to read as follows:
396.7953 1. The board of regents may devise and establish personnel policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, apart from those personnel policies and procedures which are established for the professional personnel of other [institutions of the university.]
κ1993 Statutes of Nevada, Page 355 (CHAPTER 195, SB 314)κ
policies and procedures which are established for the professional personnel of other [institutions of the university.] branches or facilities of the system.
2. In devising and establishing such personnel policies and procedures, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS [,] and none of those provisions are applicable to any person employed in connection with the operation of contractual or sponsored research activities of the institute except as may be prescribed by the board of regents.
Sec. 60. NRS 396.7955 is hereby amended to read as follows:
396.7955 1. The board of regents shall devise and establish fiscal policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, apart from those fiscal policies and procedures which are applicable to other [institutions of the university.] branches or facilities of the system.
2. None of the other provisions of this chapter or the provisions of Titles 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any money or property received by the board of regents pursuant to NRS 396.7952, except as otherwise provided in subsection 4 of NRS 396.7952.
3. Any funds received by or made available to the board of regents for the desert research institute by the State of Nevada, whether pursuant to direct legislative appropriation or otherwise, are subject to all laws relating to public funds and expenditures.
Sec. 61. NRS 396.7956 is hereby amended to read as follows:
396.7956 1. The legislature finds that:
(a) Basic scientific research is essential to any real solution of the energy crisis affecting may parts of the nation.
(b) Investigation of the potential contribution of harnessed solar energy may offer some significant answers to the problem of diminishing power resources.
(c) The facilities of the desert research institute are uniquely capable of being applied to the study of solar energy as a source of power generation.
2. The board of regents , [of the University of Nevada,] through the desert research institute, is authorized and encouraged to undertake research concerning the use of solar energy as a source of power. As [a] part of [such] the study, consideration [shall] must be given to the relative advantages and disadvantages of the various methods of power generation through the utilization of solar energy.
Sec. 62. NRS 396.797 is hereby amended to read as follows:
396.797 The board of regents shall establish for educational research an ethics institute as [an institution of the University of Nevada System] a facility within the system to study questions and define standards regarding medical ethics.
Sec. 63. NRS 396.7973 is hereby amended to read as follows:
396.7973 1. The board of regents may establish policies and procedures for personnel in connection with the operation of contractual or sponsored activities of the ethics institute, apart from those policies and procedures which are established for the professional personnel of other [institutions] branches or facilities of the [university.]
κ1993 Statutes of Nevada, Page 356 (CHAPTER 195, SB 314)κ
which are established for the professional personnel of other [institutions] branches or facilities of the [university.] system.
2. In establishing [such] the policies and procedures, the board of regents is not bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS [,] and none of those provisions are applicable to any person employed in connection with the operation of contractual or sponsored activities of the institute except as may be prescribed by the board of regents.
Sec. 64. NRS 396.7975 is hereby amended to read as follows:
396.7975 1. The board of regents shall establish fiscal policies and procedures in connection with the operation of contractual or sponsored activities of the ethics institute, apart from those fiscal policies and procedures which are applicable to other [institutions of the university.] branches or facilities of the system.
2. None of the other provisions of this chapter or the provisions of Title 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any money or property received by the board of regents pursuant to NRS 396.7972.
3. Any money received by or made available to the board of regents for the ethics institute is subject to all laws relating to public money and expenditures.
Sec. 65. NRS 396.7992 is hereby amended to read as follows:
396.7992 The board of regents, in the name and on [the] behalf of the [University of Nevada System,] system, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter 82 of NRS for the acquisition of real property for the future development and expansion of the University of Nevada, Reno, in Washoe County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and [education] educational purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 82.121; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the [University of Nevada System] system or its board of regents, as it may determine, for the benefit of the [University of Nevada System] system upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
κ1993 Statutes of Nevada, Page 357 (CHAPTER 195, SB 314)κ
Sec. 66. NRS 396.7993 is hereby amended to read as follows:
396.7993 Neither the [University of Nevada System] system nor the board of regents [shall be] is obligated to acquire from such a nonprofit corporation any property acquired by it, except as is otherwise provided in NRS 396.7998.
Sec. 67. NRS 396.7994 is hereby amended to read as follows:
396.7994 Such a nonprofit corporation, upon its formation, [shall be:] is:
1. A corporate agency of the [University of Nevada System] system and the board of regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
Sec. 68. NRS 396.7998 is hereby amended to read as follows:
396.7998 The [University of Nevada System,] system, or the board of regents, as it may determine, [shall have] has the beneficial interest in [such] the corporation while any obligations evidenced by its bonds or other securities remain outstanding . [; and the university] The system or the board [,] of regents, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
Sec. 69. NRS 396.7999 is hereby amended to read as follows:
396.7999 The [university,] system, acting by and through the board [,] of regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts [and things as may be necessary or] necessary, convenient or desirable, as the board may determine, to [further the powers provided in] carry out the provisions of this section.
Sec. 70. NRS 396.801 is hereby amended to read as follows:
396.801 The board of regents, in the name and on the behalf of the [University of Nevada System,] system, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter 82 of NRS for the acquisition of real property for the future development and expansion of the University of Nevada, Las Vegas, in Clark County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and [education] educational purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 82.121; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the [University of Nevada System] system or the board of regents, as it may determine, for the benefit of the University of Nevada, Las Vegas, upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
κ1993 Statutes of Nevada, Page 358 (CHAPTER 195, SB 314)κ
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 71. NRS 396.802 is hereby amended to read as follows:
396.802 Neither the [University of Nevada System] system nor the board of regents [shall be] is obligated to acquire from such a nonprofit corporation any property acquired by it, except as is otherwise provided in NRS 396.807.
Sec. 72. NRS 396.803 is hereby amended to read as follows:
396.803 Such a nonprofit corporation, upon its formation, [shall be:] is:
1. A corporate agency of the [University of Nevada System] system and the board of regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
Sec. 73. NRS 396.807 is hereby amended to read as follows:
396.807 The [University of Nevada System,] system, or the board of regents, as it may determine, [shall have] has the beneficial interest in [such] the corporation while any obligations evidenced by its bonds or other securities remain outstanding [; and the university] and the system or the board [,] of regents, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
Sec. 74. NRS 396.808 is hereby amended to read as follows:
396.808 The [university,] system, acting by and through the board of regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts [and things as may be necessary or] necessary, convenient or desirable, as the board may determine, to [further the powers provided in] carry out the provisions of this section.
Sec. 75. NRS 396.8145 is hereby amended to read as follows:
396.8145 Chancellor of the university means the de facto or de jure presiding officer of the [University of Nevada System] system and its chief administrative officer, now designated as the chancellor of the [University of Nevada System,] system, and formerly designated as the chancellor of the University of Nevada System and the president of the University of Nevada, or his successor in functions, if any. Chancellor of the university does not mean the chief administrative officer of either the branch of the university in Washoe County or the branch of the university in Clark County, now designated respectively as the president of the University of Nevada, Reno and the president of the University of Nevada, Las Vegas. The latter officer was formerly designated as the chancellor of Nevada Southern University. Both of these officers are responsible and subordinate to the chancellor of the [University of Nevada System.] system.
Sec. 76. NRS 396.835 is hereby amended to read as follows:
396.835 Treasurer of the university means the de facto or de jure treasurer of the board and ex officio treasurer of the [University of Nevada System,] system, or his successor in functions, if any.
Sec. 77. NRS 396.838 is hereby amended to read as follows:
396.838 University means the University [University of Nevada System,] and Community College System of Nevada, the state university constituting a body corporate and politic, a political subdivision of this state, with the seat located in the city of Reno, in the county of Washoe and State of Nevada .
κ1993 Statutes of Nevada, Page 359 (CHAPTER 195, SB 314)κ
corporate and politic, a political subdivision of this state, with the seat located in the city of Reno, in the county of Washoe and State of Nevada . [and with a branch designated University of Nevada, Las Vegas, and located in Clark County, Nevada, and means any successor educational institution.]
Sec. 78. NRS 396.8395 is hereby amended to read as follows:
396.8395 Subject to any existing pledges or other contractual limitations and to the provisions of NRS 396.810:
1. The board may include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder:
(a) The gross revenues derived from the fees designated as the capital improvement fee, the student union building fee, the student center building fee, and the student union capital improvement fee, or words of similar import, except for the words pertaining to any such fee designating the campus or campuses of the [University of Nevada System] system to which the pledged fee or fees pertain, or any combination thereof; and
(b) The gross revenues derived from the fee designated as the general fund fee, except for the words pertaining thereto designating the campus or campuses of the [University of Nevada System] system to which the pledged fee pertains, but subject to the limitation stated in subsection 5 of NRS 396.840.
2. The board may also include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder, regardless of the location of the campus or campuses on which the project or projects are to be done for which the securities are authorized, the pledged revenues designated in subsection 1 pertaining to:
(a) One, all or any combination of the campuses relating to the community [college division] colleges if the project or projects relate thereto and to one or more campuses thereof; or
(b) Either or both the University of Nevada, Reno, and the University of Nevada, Las Vegas, if the project or projects relate to either of those campuses, the desert research institute or any combination thereof.
Sec. 79. NRS 396.890 is hereby amended to read as follows:
396.890 1. The board of regents may administer, directly or through a designated officer or employee of the [University of Nevada System,] system, a program to provide loans for fees, books and living expenses to students in the nursing programs of the [University of Nevada System.] system.
2. Each student to whom a loan is made must:
(a) Have been a bona fide resident of Nevada, as that term is defined in NRS 396.540, for at least 6 months before his matriculation [at the university;] in the system;
(b) Be enrolled at the time the loan is made in a nursing program of the [University of Nevada System] system for the purpose of becoming a licensed practical nurse or registered nurse;
(c) Fulfill all requirements for classification as a full-time student showing progression towards completion of the program; and
(d) Maintain at least a 2.00 grade-point average in each class and at least a 2.75 overall grade-point average, on a 4.0 grading scale.
3. Each loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum from the date when the student receives the loan.
κ1993 Statutes of Nevada, Page 360 (CHAPTER 195, SB 314)κ
(b) Each student receiving a loan must repay the loan with interest following the termination of his education for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period for repayment. The period for repayment of the loans must be:
(1) Five years for loans which total less than $10,000.
(2) Eight years for loans which total $10,000 or more, but less than $20,000.
(3) Ten years for loans which total $20,000 or more.
4. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec. 80. NRS 396.891 is hereby amended to read as follows:
396.891 1. The loans made pursuant to NRS 396.890 to 396.898, inclusive, must not exceed the following amounts per student per semester. If the student is enrolled in a program of:
(a) A community college, $1,700.
(b) [The University of Nevada, Reno, or the University of Nevada, Las Vegas,] A university, $2,005.
2. Any money distributed pursuant to NRS 396.890 to 396.898, inclusive, must be distributed among the campuses of the [University of Nevada System] system in amounts that will allow the same percentage of eligible students enrolled in the licensed practical nurse and registered practical nurse programs of each campus to receive loans.
Sec. 81. NRS 396.900 is hereby amended to read as follows:
396.900 The board of regents [of the University of Nevada System] may establish a Nevada health service corps to encourage physicians to practice in areas of Nevada in which a shortage of physicians exists.
Sec. 82. NRS 2.345 is hereby amended to read as follows:
2.345 The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:
1. Each of the judges of the District Court of the United States, one copy.
2. The supreme court law library, two copies.
3. Each state officer, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.
4. Each public library in this state, one copy.
5. Each library in the University [of Nevada System,] and Community College System of Nevada, one copy.
6. Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon its annual request therefor.
κ1993 Statutes of Nevada, Page 361 (CHAPTER 195, SB 314)κ
Sec. 83. NRS 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes:
1. Federal activities. All public purposes authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, the University and Community College System of Nevada and all other public purposes authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining, smelting and related activities. Mining, smelting and related activities as follows:
(a) Mining and related activities, which are recognized as the paramount interest of this state.
(b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes, outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil, an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter and the necessary land upon which to erect smelters and to operate them successfully, including the deposit of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Lines for telegraph, telephone, electric light and electric power and sites for plants for electric light and power.
9. Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the state or college or university.
κ1993 Statutes of Nevada, Page 362 (CHAPTER 195, SB 314)κ
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines to conduct any liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, facilities for air navigation and aerial rights of way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
16. Community antenna television companies. Community antenna television companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:
(a) It creates no substantial detriment to the service provided by the utility;
(b) It causes no irreparable injury to the utility; and
(c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.
17. Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.680, inclusive.
Sec. 84. NRS 43.080 is hereby amended to read as follows:
43.080 Municipality means the State of Nevada, or any corporation, instrumentality or other agency thereof, or any incorporated city, any unincorporated town, or any county, school district, conservancy district, drainage district, irrigation district, general improvement district, other corporate district constituting a political subdivision of this state, housing authority, urban renewal authority, other type of authority, the University and Community College System of Nevada, the board of regents of the University of Nevada, or any other body corporate and politic of the State of Nevada, but excluding the Federal Government.
Sec. 85. NRS 179A.078 is hereby amended to read as follows:
179A.078 1. The director of the department shall establish within the central repository, a uniform program for reporting crimes which is designed to collect statistical data relating to crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to crime at a central location.
2. To assist in establishing and carrying out the program required by subsection 1, the director shall establish an advisory committee consisting of seven members selected by the director. The committee must be composed of:
(a) One member who represents an association of district [court] judges in this state;
κ1993 Statutes of Nevada, Page 363 (CHAPTER 195, SB 314)κ
(b) One member who represents an association of justices of the peace and judges of municipal courts in this state;
(c) One member who represents an association of district attorneys in this state;
(d) One member who represents a law enforcement agency located in a county whose population is less than 400,000;
(e) One member who represents a law enforcement agency located in a county whose population is 400,000 or more;
(f) One member who represents the Nevada Highway Patrol; and
(g) One member who represents the University [of Nevada System] and Community College System of Nevada and has knowledge of the criminal justice system.
3. The members of the advisory committee are not entitled to receive compensation while engaged in the business of the advisory committee.
4. Any member who is selected to fill a vacancy must possess the same general qualifications as his predecessor in office.
Sec. 86. NRS 202.2491 is hereby amended to read as follows:
202.2491 1. Except as otherwise provided in subsections 5 and 6, the smoking of tobacco in any form is prohibited if done in any:
(a) Public elevator.
(b) Public building.
(c) Public waiting room, lobby or hallway of any:
(1) Medical facility or facility for the dependent as defined in chapter 449 of NRS: or
(2) Office of any chiropractor, dentist, physical therapist, physician, podiatrist, psychologist, optician, optometrist, doctor of Oriental medicine or doctor of acupuncture.
(d) Hotel or motel when so designated by the operator thereof.
(e) Public area of a store principally devoted to the sale of food for human consumption off the premises, except in those areas leased to or operated by a person licensed pursuant to NRS 463.160.
(f) Child care facility.
(g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.
(h) School bus.
2. The person in control of an area listed in paragraph (c), (d), (e), (f) or (g) of subsection 1:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) May designate separate rooms or portions of the area which may be used for smoking.
3. The person in control of a public building:
(a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).
(b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.
A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.
κ1993 Statutes of Nevada, Page 364 (CHAPTER 195, SB 314)κ
4. The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.
5. A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.
6. The smoking of tobacco is not prohibited in:
(a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.
(b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.
7. The person in control of a child care facility shall not allow children in any room or area he designates for smoking pursuant to paragraph (b) of subsection 2. Any such room or area must be sufficiently separate or ventilated so that there are no irritating or toxic effects of smoke in the other areas of the facility.
8. As used in this section:
(a) Child care facility means an establishment licensed pursuant to chapter 432A of NRS to provide care for 13 or more children.
(b) Licensed gaming establishment has the meaning ascribed to it in NRS 463.0169.
(c) Public building means any building or office space owned or occupied by:
(1) Any component of the University [of Nevada System] and Community College System of Nevada and used for any [university purpose.] purpose related to the system.
(2) The State of Nevada and used for any public purpose, other than that used by the department of prisons to house or provide other services to offenders.
(3) Any county, city, school district or other political subdivision of the state and used for any public purpose.
If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.
(d) School bus has the meaning ascribed to it in NRS 483.160.
Sec. 87. NRS 202.265 is hereby amended to read as follows:
202.265 1. Except as otherwise provided in this section, a person shall not carry or possess, while on the property of the University [of Nevada System] and Community College System of Nevada or a private or public school [,] or while in a vehicle of a private or public school:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles; or
(e) A pistol, revolver or other firearm.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
κ1993 Statutes of Nevada, Page 365 (CHAPTER 195, SB 314)κ
3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of a private or public school by a:
(a) Peace officer;
(b) School security guard; or
(c) Person having written permission from the president of [the university or community college] a branch or facility of the University and Community College System of Nevada or the principal of the school to carry or possess the weapon.
4. For the purposes of this section:
(a) Explosive or incendiary device has the meaning ascribed to it in NRS 202.260.
(b) Nunchaku has the meaning ascribed to it in NRS 202.350.
(c) Switchblade knife has the meaning ascribed to it in NRS 202.350.
(d) Trefoil has the meaning ascribed to it in NRS 202.350.
(e) Vehicle has the meaning ascribed to it in NRS 484.148.
Sec. 88. NRS 203.119 is hereby amended to read as follows:
203.119 1. A person shall not commit any act in a public building or on the public grounds surrounding the building which interferes with the peaceful conduct of activities normally carried on in the building or on the grounds.
2. Any person whose conduct is prohibited by subsection 1 who refuses to leave the building or grounds upon request by the proper official is guilty of a misdemeanor.
3. Any person who aids, counsels or abets another to commit an act prohibited by subsection 2 is guilty of a misdemeanor.
4. For the purpose of this section:
(a) Proper official means the person or persons designated by the administrative officer or board in charge of the building.
(b) Public building means any building owned by:
(1) Any component of the University [of Nevada System] and Community College System of Nevada and used for any [university purpose.] purpose related to the system.
(2) The State of Nevada or any county, city, school district or other political subdivision of the state and used for any public purpose.
Sec. 89. NRS 209.391 is hereby amended to read as follows:
203.391 The director shall:
1. Establish programs to provide medical, psychological, psychiatric and other appropriate forms of counseling to offenders under the jurisdiction of the department [,] in accordance with classification requirements.
2. Administer programs of general education, vocational training and other rehabilitation for offenders established by the board.
3. Within the limits of legislative appropriations, purchase textbooks for use by offenders who are enrolled in courses of general education and vocational training offered by any [part] branch or facility of the University [of Nevada System] and Community College System of Nevada. Any textbooks purchased pursuant to this section must remain the property of the state and must be reissued to offenders as appropriate.
4. Within the limits of legislative appropriations, establish programs of research, statistics and planning to:
κ1993 Statutes of Nevada, Page 366 (CHAPTER 195, SB 314)κ
(a) Determine and review periodically the effectiveness of the departments programs of education, vocational training and other rehabilitation for offenders;
(b) Provide annually, and at other times when so requested, to the board, the governor and the legislature information pertaining to:
(1) The number of offenders who are participating in and who complete those programs;
(2) The effectiveness of those programs in accomplishing their purposes; and
(3) The number of offenders who are returned to prison after their release; and
(c) Effect appropriate changes in the programs established by the board.
Sec. 90. NRS 218.466 is hereby amended to read as follows:
218.466 1. The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:
(a) Elected state officers.
(b) Offices of all state departments and agencies.
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.
(d) Offices of other county officials.
(e) Municipal officers.
(f) Districts and other governmental agencies.
(g) Justices of the peace.
(h) The state library and archives.
(i) County and city libraries and libraries of the University [of Nevada System.] and Community College System of Nevada.
(j) Accredited members of the press.
2. Upon approval of the committee on legislative functions of the senate or assembly, additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.
3. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.
Sec. 91. NRS 218.605 is hereby amended to read as follows:
218.605 1. Except as otherwise provided in subsection 2, it is unlawful for any member of the legislature to:
(a) Become a contractor under any contract or order for supplies or any other kind of contract paid for in whole or in part by money appropriated by the legislature of which he is a member for the state or any of its departments, or the legislature or either of its houses, or to be interested, directly or indirectly, as principal, in any kind of contract so paid.
(b) Be interested in any contract made by the legislature of which he is a member, or be a purchaser or interested in any purchase or sale made by the legislature of which he is a member.
2. Any member of the legislature may:
(a) Sell or enter into a contract to sell, to the state or any of its departments any item, commodity, service or capital improvement, if:
κ1993 Statutes of Nevada, Page 367 (CHAPTER 195, SB 314)κ
(1) The sources of supply for the item, commodity, service or capital improvement are limited;
(2) The contracting process is controlled by rules of open competitive bidding;
(3) He has not taken part in developing the plans or specifications for the sale or contract; and
(4) He will not be personally involved in opening, considering or accepting any bids for the sale or contract.
(b) Receive, as direct salary or wages, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the legislator.
(c) Receive, for services as an instructor or teacher from any county school district or the University [of Nevada System,] and Community College System of Nevada, compensation for which the original source was a legislative appropriation to any governmental entity or a private entity not owned or controlled by the legislator.
3. Any contract made in violation of subsection 1 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 from making or being interested in the contract.
4. Any person violating subsection 1 is guilty of a gross misdemeanor and forfeits his office.
Sec. 92. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University [of Nevada System.] and Community College System of Nevada.
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
(j) The office of the state engineer.
2. The department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(b) Chapters 616 and 617 of NRS for the determination of contested claims;
κ1993 Statutes of Nevada, Page 368 (CHAPTER 195, SB 314)κ
(c) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada;
(d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and
(e) NRS 90.800 for the use of summary orders in contested cases,
prevail over the general provisions of this chapter.
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or
(b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.
Sec. 93. NRS 233F.240 is hereby amended to read as follows:
233F.240 1. The advisory board on telecommunications is hereby created. The board consists of:
(a) The director of the department of general services or his designee.
(b) The executive director of the commission on economic development or his designee.
(c) The superintendent of public instruction of the department of education or his designee.
(d) The chancellor of the University [of Nevada System] and Community College System of Nevada or his designee.
(e) One member from the senate appointed by the majority floor leader.
(f) One member from the assembly appointed by the speaker.
(g) Three persons appointed by the governor as follows:
(1) Two persons who represent the telecommunications industry.
(2) One person who represents a city or county in this state.
2. The members who are legislators serve terms which begin on the third Monday in January of odd-numbered years and end the third Monday in January of the next odd-numbered year and may be reappointed.
3. The members of the board shall elect a chairman and a vice chairman from among their membership.
Sec. 94. NRS 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state, county and city governmental offices:
January 1 (New Years Day)
Third Monday in January (Martin Luther King, Jr.s Birthday)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day) October 31 (Nevada Day)
κ1993 Statutes of Nevada, Page 369 (CHAPTER 195, SB 314)κ
October 31 (Nevada Day)
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University [of Nevada System] and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following must be observed as a legal holiday.
(b) Saturday, the Friday preceding must be observed as a legal holiday.
4. To celebrate the 500th anniversary of the arrival of Cristoforo Columbo in the New World, October 12, 1992, is hereby declared to be a legal holiday for state, county and city governmental offices. All state, county and city offices, courts, banks, savings and loan associations, public schools and the University [of Nevada System] and Community College System of Nevada must close on this day.
Sec. 95. NRS 241.038 is hereby amended to read as follows:
241.038 The board of regents of the University of Ne vada shall establish for the student governments within the University [of Nevada System] and Community College System of Nevada requirements equivalent to those of this chapter [,] and shall provide for their enforcement.
Sec. 96. NRS 242.111 is hereby amended to read as follows:
242.111 The director shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for data processing of the executive branch of government, excluding the University [of Nevada System] and Community College System of Nevada and the Nevada criminal justice information computer operated by the Nevada highway patrol division of the department of motor vehicles and public safety, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of data processing equipment, in order that the data processing needs of state agencies and officers may be met at the least cost to the state;
2. The departments procedures in performing data processing, which may include provision for the performance, by any agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the division of facility management, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted; and
κ1993 Statutes of Nevada, Page 370 (CHAPTER 195, SB 314)κ
4. Specifications and standards for the employment of all personnel of the department.
Sec. 97. NRS 242.115 is hereby amended to read as follows:
242.115 1. Except as otherwise provided in subsection 2, the division of planning and research of the department of data processing shall:
(a) Develop policies and standards for the data processing requirements of the executive branch of government;
(b) Coordinate the development of a biennial state plan for the data processing requirements of the executive branch of government;
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their data processing requirements;
(d) Develop guidelines and procedures for the procurement of data processing equipment, maintenance of that equipment, procurement of software used with that equipment and programming for the data processing requirements of the executive branch of government;
(e) Develop standards to ensure the security of equipment and information used in data processing activities of the executive branch of government;
(f) Develop guidelines, procedures and specifications for the procurement of hardware and software for personal computers and the maintenance of that equipment for the data processing requirements of the executive branch of government; and
(g) Perform other planning and research functions at the direction of the director.
2. This section does not apply to the University [of Nevada System] and Community College System of Nevada or the Nevada criminal justice information computer operated by the Nevada highway patrol division of the department of motor vehicles and public safety.
Sec. 98. NRS 242.131 is hereby amended to read as follows:
242.131 1. The department shall provide state agencies and elected state officers with all of their required design of systems, programming and use of equipment for data processing, and all agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles and public safety;
(c) Department of transportation;
(d) Employment security department;
(e) Legislative counsel bureau;
(f) State industrial insurance system;
(g) State controller;
(h) State gaming control board and Nevada gaming commission;
(i) Department of wildlife; and
(j) University [of Nevada System.] and Community College System of Nevada.
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval.
κ1993 Statutes of Nevada, Page 371 (CHAPTER 195, SB 314)κ
the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 99. NRS 277.067 is hereby amended to read as follows:
277.067 1. Any two or more political subdivisions of this state, agencies of the state or the University [of Nevada System] and Community College System of Nevada may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, other than workmens compensation and employers liability, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; or
(e) Insurance for any combination of these kinds of protection.
2. Any such agreement may obligate the respective parties to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.
Sec. 100. NRS 277.069 is hereby amended to read as follows:
277.069 1. Except as otherwise provided in subsections 2 and 3, any party to an agreement entered into pursuant to NRS 277.067, or any entity established by such an agreement, may:
(a) Obligate itself to contribute money for the purchase of insurance, the establishment of a reserve or fund for coverage, the payment of any debt, or for any other purpose related to the undertaking;
(b) Borrow money for any such purpose;
(c) Issue notes and bonds evidencing the borrowing; and
(d) Secure payment of the notes and bonds by a pledge of revenues.
2. Except as otherwise provided in subsection 3, any obligation to contribute money which is undertaken pursuant to a cooperative agreement:
(a) Is binding notwithstanding that it is intended to remain in force beyond the current budget year or the terms of office of the present members of the governing body of the obligor.
κ1993 Statutes of Nevada, Page 372 (CHAPTER 195, SB 314)κ
(b) If undertaken to pay any debt, does not remain in force more than 30 years after the date of the borrowing.
(c) If undertaken to pay claims and administrative expenses, does not remain in force more than 5 years, except with respect to claims arising from occurrences during the period it is in force.
3. Except for a pledge of revenues or obligation to contribute money which pledges revenues or commits money derived from a source other than taxation, any pledge or obligation which is made or undertaken pursuant to a cooperative agreement by an agency of the state or the University [of Nevada System,] and Community College System of Nevada does not remain in force after the end of the biennium in which it is made or undertaken.
Sec. 101. NRS 277.0695 is hereby amended to read as follows:
277.0695 1. NRS 277.067 and 277.069 provide full authority for the exercise of the powers granted in those sections. No other act or law relating to the authorization or issuance of securities that provides for an election applies to any proceedings taken or acts done pursuant to those sections.
2. An issuance of bonds or notes, pledge of revenues, or obligation to contribute money which is made or undertaken pursuant to NRS 277.067 and 277.069 shall be deemed not to create indebtedness for the purposes of any limitation on indebtedness contained in any general or special law or charter.
3. Except as otherwise provided in this section and in NRS 277.067 and 277.069, the issuance of any bonds or notes pursuant to NRS 277.069 must be made in accordance with:
(a) The Local Government Securities Law, if the bonds or notes are issued by or on behalf of a municipality as that term is defined in NRS 350.542;
(b) The State Securities Law, if the bonds or notes are issued by or on behalf of an agency of the state; or
(c) The University Securities Law, if the bonds or notes are issued by or on behalf of the University [of Nevada System.] and Community College System of Nevada.
Sec. 102. NRS 281.060 is hereby amended to read as follows:
281.060 1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States [shall] may be employed by any officer of the State of Nevada, by any political subdivision of the state, or by any person acting under or for such an officer in any office or department of the State of Nevada [,] or political subdivision of the state.
2. In all cases where persons are so employed, preference [shall] must be given, if the qualifications of the applicants [being] are equal:
(a) First: To honorably discharged military personnel of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section [shall be construed to prevent:] prevents:
(a) The working of prisoners by the State of Nevada [,] or by any political subdivision of the state, on street or road work or other public work.
(b) The [working] employment of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment .
κ1993 Statutes of Nevada, Page 373 (CHAPTER 195, SB 314)κ
discharged from the military service of the United State s are not available for such employment . [; but any] Any alien so employed [shall] must be replaced by a citizen, ward or ex-service person of the United States applying for employment.
(c) The employment of any teacher, instructor or professor authorized to teach in the United States under the teacher-exchange programs as authorized by federal laws enacted by the Congress of the United State s.
(d) [Employment] Except as otherwise provided in this paragraph, the employment of aliens by the University [of Nevada System] and Community College System of Nevada in the technical, graduate assistant and student [help categories, but, with the exception of] categories. Except in the foreign language departments, not more than 5 percent of the total number of persons employed in the technical, graduate assistant and student [help] categories may be aliens.
(e) Employment of aliens in any state or political subdivision hospital.
4. Subject to the exceptions contained in this section, [no money shall] money must not be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed in any of the work mentioned in this section unless [such person shall be] the person is a citizen or ward or naturalized citizen of the United States.
5. Any officer of the State of Nevada, or of any political subdivision of the state, or any person acting under or for such an officer, or any other person who violates any of the provisions of this section [shall be] is guilty of a misdemeanor. The penalties provided for in this section [shall] do not apply where the violations [thereof are due to] result from misrepresentations made by the employee [or employees] by the production of fraudulent papers evidencing citizenship in the United States.
Sec. 103. NRS 281.123 is hereby amended to read as follows:
281.123 1. Except as otherwise provided in subsection 3 [of this section and in] or NRS 281.1233, or as authorized by statute referring [specially] specifically to that position, the salary of a person employed by the state or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.
2. As used in subsection 1, the term salary:
(a) Includes any:
(1) Payment received by an employee for being available to work although he was not actually required to perform the work;
(2) Increase in salary provided to compensate for a rise in the cost of living;
(3) Payment received under a plan established to encourage continuity of service; and
(4) Payment received as compensation for purportedly performing additional duties.
(b) Excludes any:
(1) Payment received as compensation for overtime even if that payment is otherwise authorized by law; and
(2) Rent or utilities supplied to an employee if he is required by statute or regulation to live in a particular dwelling.
3. The provisions of subsection 1 do not apply to the salaries of:
κ1993 Statutes of Nevada, Page 374 (CHAPTER 195, SB 314)κ
(a) Dentists and physicians employed full time by the state; or
(b) Officers and employees of the University and Community College System of Nevada.
Sec. 104. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the University and Community College System of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University and Community College System of Nevada, any relative of such a person or of any member of such a board, agency or commission [,] who is within the third degree of consanguinity or affinity.
2. This section does not apply:
(a) To school districts, when the teacher or other school employee [so related] is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee [so related] has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.
(c) To the spouse of the warden of an institution or manager of a facility of the department of prisons.
(d) To the spouse of the superintendent of the Caliente youth center.
(e) To relatives of blind officers and employees of the bureau of services to the blind of the rehabilitation division of the department of human resources when [such] those relatives are employed as automobile drivers for [such] those officers and employees.
3. Nothing in this section:
(a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for [any such] the service is met out of the personal funds of the officer.
(b) Disqualifies any widow with a dependent [or dependents] as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. A person employed contrary to the provisions of this section must not be compensated for [such] the employment.
5. Any person violating any provisions of this section is guilty of a gross misdemeanor.
Sec. 105. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the state consists of positions held by state officers or employees in the executive department of the state government as follows:
1. Persons chosen by election or appointment to fill an elective office.
κ1993 Statutes of Nevada, Page 375 (CHAPTER 195, SB 314)κ
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
6. Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University [of Nevada System,] and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University [or Nevada System.] and Community College System of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service [,] and who are not engaged in the performance of administrative or substantially recurring duties.
11. All other officers and employees authorized by law to be employed in the unclassified service.
Sec. 106. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
κ1993 Statutes of Nevada, Page 376 (CHAPTER 195, SB 314)κ
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.
6. Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are for amounts less than $2,000 or in contracts necessary to preserve life and property, for amounts less than $5,000. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings [,] if the contracting process was controlled by the rules of open competitive bidding.
(c) Contracts executed by the housing division of the department of commerce.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
Sec. 107. NRS 284.179 is hereby amended to read as follows:
284.179 The professional employees of the University [of Nevada System] and Community College System of Nevada are not entitled to receive the increases provided in NRS 284.177.
Sec. 108. NRS 284.325 is hereby amended to read as follows:
284.325 1. The director shall adopt regulations not inconsistent with this section for the certification of qualified persons for temporary service.
2. Except as otherwise provided in subsection 3, temporary positions which occur, terminate or recur periodically must be filled by certification in accordance with the regulations established by the director.
κ1993 Statutes of Nevada, Page 377 (CHAPTER 195, SB 314)κ
3. An agency may appoint persons temporarily for less than 160 cumulative hours during any calendar year [,] without regard to the regulations adopted by the director pursuant to subsection 1.
4. The limitation set forth in subsection 3 does not apply to temporary or part-time service by:
(a) A pupil attending his last 2 years of high school;
(b) A student employed by the college or university he attends;
(c) A person certified for temporary service in accordance with NRS 284.327;
(d) An employee of an events center of the University [of Nevada System;] and Community College System of Nevada; or
(e) A person employed by the University [of Nevada System] and Community College System of Nevada in a temporary position which recurs periodically for the registration of students.
5. The acceptance or refusal by an eligible person of a temporary appointment does not affect his standing on the register for permanent employment, nor may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.
6. Successive temporary appointments to the same position must not be made under this section.
Sec. 109. NRS 284.343 is hereby amended to read as follows:
284.343 1. After consultation with appointing authorities, and in cooperation with the state board of examiners, the director shall prescribe regulations for all training of employees in the state service. Professional employees of the teaching staff, agricultural extension service and agricultural experiment station staffs of the University [of Nevada System,] and Community College System of Nevada, or any other state institution of learning [,] and student employees of such an institution are exempt from the provisions of this section.
2. The regulations so prescribed must set forth the conditions under which educational leave stipends may be paid to any officer or employee of the state. Except as otherwise provided in NRS 612.230 and with the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until he has entered into a contract with his employing agency whereby he agrees to pursue only those courses required for a degree related to his employment with the state and to return to the employ of his employing agency on the basis of 1 year for each 9 [months] months of educational leave taken or to refund the total amount of the stipends regardless of the balance at the time of separation.
3. This section does not prevent the granting of sabbatical leaves by the board of regents of the University of Nevada.
4. Where practicable all training for state employees must be presented through established educational institutions within the state.
5. The department shall coordinate all training activities [of] related to remedial programs and [career-development] programs for career development designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities the department, with the approval of the governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or other money for educational and training activities.
κ1993 Statutes of Nevada, Page 378 (CHAPTER 195, SB 314)κ
governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or other money for educational and training activities.
Sec. 110. NRS 284.345 is hereby amended to read as follows:
284.345 1. Except as otherwise provided in subsection 2, the director shall prescribe regulations for attendance and leaves with or without pay or reduced pay in the various classes of positions in the public service.
2. The board of regents of the University of Nevada shall prescribe regulations for attendance and for leave with or without pay or with reduced pay, sabbatical leave, sick leave, emergency leave, annual leave, terminal leave, military leave and such other leave as the board of regents determines to be necessary or desirable for officers and members of the faculty of the University [of Nevada System.] and Community College System of Nevada. Sabbatical leave with pay may not be granted to more than 2 percent of the teaching personnel of [the university of] a branch or facility of the system the rank of instructor or higher in any 1 year . [, and no] No sabbatical leave with pay may be granted unless the person requesting [such] the leave agrees in writing with the [university] branch or facility to return to the [university after such] branch or facility after the leave for a period not less than that required by his most recent contract of employment [with the university] if the [university] University and Community College System of Nevada desires his continued service.
Sec. 111. NRS 284.350 is hereby amended to read as follows:
284.350 1. Except as otherwise provided in subsections 2, 3 and 4, an employee in the public service, whether in the classified or unclassified service, is entitled to annual leave with pay of 1 1/4 working days for each month of continuous public service. The annual leave may be cumulative from year to year not to exceed 30 working days. The department may by regulation provide for additional annual leave for long-term employees [,] and for prorated annual leave for part-time employees.
2. Any annual leave in excess of 30 working days must be used before January 1 of the year following the year in which the annual leave in excess of 30 working days is accumulated or the amount of annual leave in excess of 30 working days is forfeited on that date except that if an employee:
(a) On or before October 15, requests permission to take annual leave; and
(b) His request for leave is denied in writing for any reason,
he is entitled to payment for any annual leave in excess of 30 working days which he requested to take and which he would otherwise forfeit as the result of the denial of his request. The payment for the employees unused annual leave must be made to him not later than January 31.
3. Officers and members of the faculty of the University [of Nevada System] and Community College System of Nevada are entitled to annual leave as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
4. The director shall establish by regulation a schedule for the accrual of annual leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of annual leave at the same rate proportionately as employees who work a 40-hour week accrue annual leave.
κ1993 Statutes of Nevada, Page 379 (CHAPTER 195, SB 314)κ
5. No elected state officer may be paid for accumulated annual leave upon termination of his service.
6. During the first 6 months of employment of any employee in the public service, annual leave accrues as provided in subsection 1, but no annual leave may be taken during that period.
7. No employee in the public service may be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 112. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as otherwise provided in this section, all employees in the public service, whether in the classified or unclassified service, are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year, but the department may by regulation provide for subsequent use of unused sick leave accrued but not carried forward by reason of this limitation in cases where the employee is suffering from a long-term or chronic illness and has used all sick leave otherwise available to him. Upon the retirement of an employee, his termination through no fault of his own or his death while in public employment, the employee or his beneficiaries are entitled to payment for his unused sick leave in excess of 30 days, exclusive of any unused sick leave accrued but not carried forward, according to his number of years of public service, except service with a political subdivision of the state, as follows:
(a) For 10 years of service or more but less than 15 years, not more than $2,500.
(b) For 15 years of service or more but less than 20 years, not more than $4,000.
(c) For 20 years of service or more but less than 25 years, not more than $6,000.
(d) For 25 years of service or more, not more than $8,000.
The department may by regulation provide for additional sick and disability leave for long-term employee [,] and for prorated sick and disability leave for part-time employees.
2. An employee entitled to payment for unused sick leave pursuant to subsection 1 may elect to receive the payment in any one or more of the following forms:
(a) A lump-sum payment.
(b) An advanced payment of the premiums for insurance coverage for which he is otherwise eligible pursuant to chapter 287 of NRS. If the insurance coverage is terminated and the money advanced for premiums pursuant to this subsection exceeds the amount which is payable for premiums for the period for which the former employee was actually covered, the unused portion of the advanced payment must be paid promptly to the former employee or, if he is deceased, to his beneficiary.
(c) The purchase of additional retirement credit, if he is otherwise eligible pursuant to chapter 286 of NRS.
κ1993 Statutes of Nevada, Page 380 (CHAPTER 195, SB 314)κ
3. Officers and members of the faculty of the University [of Nevada System] and Community College System of Nevada are entitled to sick and disability leave as provided by the regulations adopted pursuant to subsection 2 of NRS 284.345.
4. The department may by regulation provide policies concerning employees with mental or emotional disorders which:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Provide for the retention of their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, provide for their reemployment if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
5. The director shall establish by regulation a schedule for the accrual of sick leave for employees who regularly work more than 40 hours per week or 80 hours biweekly. The schedule must provide for the accrual of sick leave at the same rate proportionately as employees who work a 40-hour week accrue sick leave.
6. The department may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that he has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of his accrued sick leave.
Sec. 113. NRS 284.360 is hereby amended to read as follows:
284.360 1. Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service. Leave of absence must be granted to any person holding a position in the classified service to permit acceptance of a position in the legislative branch during a regular or special session of the legislature, including a reasonable period before and after the session if the entire period of employment in the legislative branch is continuous.
2. If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the legislative branch, any benefits earned while he is in the:
(a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.
(b) Unclassified service or employed by the legislative branch are retained and must be paid by the appointing authority in the unclassified service or by the legislative branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service.
3. Any person in the unclassified service, except members of the academic staff of the University [of Nevada System,] and Community College System of Nevada, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.
4. Officers and members of the faculty of the University [of Nevada System] and Community College System of Nevada may be granted leaves of absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
κ1993 Statutes of Nevada, Page 381 (CHAPTER 195, SB 314)κ
absence without pay as provided by the regulations prescribed pursuant to subsection 2 of NRS 284.345.
Sec. 114. NRS 286.130 is hereby amended to read as follows:
286.130 1. Three members of the board must be persons who:
(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;
(b) Are not elected officers of the State of Nevada or its political subdivisions;
(c) Are active members of the system; and
(d) Are appointed from written nominations submitted by the following groups:
(1) Employees of the state and the University [of Nevada System;] and Community College System of Nevada;
(2) The academic staff of school districts;
(3) Employees of cities, excluding Carson City;
(4) Employees of counties, including Carson City and excluding employees of county hospitals;
(5) Employees of county hospitals, public utilities, power districts, sanitation districts, classified school employees and employees of other districts as determined by the board; and
(6) Employees whose current positions entitle them to participate in the police and firemens retirement fund.
Each nominee must be a member of the group or organization that is nominating him.
2. Two members of the board must be persons who:
(a) Have had at least 10 years of service as employees of the State of Nevada or its political subdivisions;
(b) Are not elected officers of the State of Nevada or its political subdivisions;
(c) Are active members of the system; and
(d) Are appointed from written nominations submitted by the following groups:
(1) Administrators of school districts or members of boards of trustees of school districts; and
(2) Members of boards of county commissioners or the governing bodies of cities or administrators of counties or cities.
3. One member of the board must be a person who:
(a) Is an employee of the State of Nevada or its political subdivisions with at least 10 years of service;
(b) Is serving in a position at least equivalent to the manager of a department or division;
(c) Is not an elected officer of the State of Nevada or its political subdivisions; and
(d) Is an active member of the system.
4. One member of the board must be a person who:
(a) Has had at least 10 years of service as an employee of the State of Nevada or its political subdivisions;
(b) Is not an elected officer of the State of Nevada or its political subdivisions; and
κ1993 Statutes of Nevada, Page 382 (CHAPTER 195, SB 314)κ
(c) Is receiving an allowance for service or disability retirement pursuant to this chapter.
5. A member of the board shall serve for 4 years, so long as he has the qualifications required by this section, and until his successor is appointed and takes office. A member of the board who no longer has the qualifications specified in the subsection under which he was appointed may serve the remainder of his term if the member loses those qualifications in the final 24 months of his term.
Sec. 115. NRS 286.297 is hereby amended to read as follows:
286.297 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District judges and justices of the supreme court first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University [of Nevada System] and Community College System of Nevada who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds 120 consecutive days in any fiscal or calendar year.
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
11. Nurses who:
(a) Are not full-time employees;
(b) Are paid an hourly wage on a daily basis;
(c) Do not receive the employee benefits received by other employees of the same employer; and
(d) Do not work a regular schedule or are requested to work for a shift at a time.
Sec. 116. NRS 286.310 is hereby amended to read as follows:
286.310 1. Employees of the state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter, except:
κ1993 Statutes of Nevada, Page 383 (CHAPTER 195, SB 314)κ
may not become or remain members of the retirement system established by this chapter, except:
(a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:
(1) Were required to participate in both systems; and
(2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.
(b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada , Reno, who were continued in dual membership in both systems after July 1, 1967. These employees:
(1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agricultural extension service; and
(2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.
(c) Any other employees who are authorized by the board to participate in the system and a federal retirement system.
2. Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay the withdrawn contributions in the manner provided in this chapter.
3. Except as otherwise required as a result of NRS 286.537, when an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he must become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the retirement system established by this chapter.
4. Except as otherwise provided in subsection 1, it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof is given retirement coverage under one of the two systems.
Sec. 117. NRS 286.501 is hereby amended to read as follows:
286.501 Each member who is employed by a school district for less than 12 months per school year and each member of the professional staff of the University [of Nevada System] and Community College System of Nevada employed for the academic year who is employed for less than 12 months per fiscal year is credited with service as follows:
1. Service is credited on the basis of a full year if the member works full time for the full school year.
2. Employment for a part of a school year is credited on a ratio of one and one-third days for each day worked, but credit may not be given in advance or until the appropriate period has expired.
κ1993 Statutes of Nevada, Page 384 (CHAPTER 195, SB 314)κ
3. A full year of service is not credited until the full 12-month period has expired. If the employee begins work under a new contract before the expiration of the 12-month period for the old contract, credit must be granted for the period of overlap, as certified by the school district, at the first period in which there is a lapse in service.
4. Service credit under this section must be computed according to:
(a) The school year extending from September 1 to August 31 for school district employees.
(b) The fiscal year for members of the professional staff of the [university.] University and Community College System of Nevada.
5. A member receives full credit while on sabbatical leave if the public employer certifies that the compensation and contributions reported for the member are the same as if he were employed full time. If the employer does not so certify, the member receives credit in the proportion that his actual compensation bears to his previous compensation.
No member may receive less credit under this section than was provided under the law in force when the credit was earned.
Sec. 118. NRS 286.808 is hereby amended to read as follows:
286.808 1. The board of regents of the University of Nevada [System] shall contribute on behalf of each participant an amount equal to 10 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute 10 percent of his gross compensation, but the contributions required by this section must not be less than those authorized by NRS 286.410 and NRS 286.450. Payment of the contributions required by this section must be made by the disbursing officer for the [university] University and Community College System of Nevada to the designated company for the benefit of each participant.
2. The board of regents of the University of Nevada may, on behalf of each participant, pay the contribution required to be paid by the participant in subsection 1. Any such payment must be:
(a) Made in lieu of an equivalent increase in the basic salary or in the cost of living for the participant, or both; or
(b) Counterbalanced by an equivalent reduction in the participants salary.
Sec. 119. NRS 286.810 is hereby amended to read as follows:
286.810 The board of regents of the University of Nevada shall designate the company from which contracts are to be purchased under the retirement program and shall approve the form and contents of [such] the contracts. In making the designation and giving the approval, the board shall consider:
1. The nature and extent of the rights and benefits to be provided by [such] the contracts for staff members and their beneficiaries;
2. The relation of [such] the rights and benefits to the amount of contributions to be made;
3. The suitability of [such] the rights and benefits to the needs of the staff members and the interests of the [college] University and Community College System of Nevada in the recruitment and retention of staff members; and
4. The ability of the designated company [or companies] to provide [such] the suitable rights and benefits under such contracts.
κ1993 Statutes of Nevada, Page 385 (CHAPTER 195, SB 314)κ
Sec. 120. NRS 286.814 is hereby amended to read as follows:
286.814 Any member of the professional staff of the University and Community College System of Nevada enrolled in the retirement program is ineligible for membership in the public employees retirement system so long as he remains continuously employed in any position by the University and Community College System of Nevada and continues in the retirement program.
Sec. 121. NRS 287.045 is hereby amended to read as follows:
287.045 1. Except as otherwise provided in subsections 2 and 4, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
2. Professional employees of the University [of Nevada System] and Community College System of Nevada who have annual employment contracts are eligible to participate in the program on:
(a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or
(b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.
3. Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the states group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.
4. Every senator and assemblyman is eligible to participate in the program on the first day of the month following the 90th day after his initial term of office begins.
Sec. 122. NRS 287.245 is hereby amended to read as follows:
287.245 1. The state may agree with any of its employees, and the board of regents of the University of Nevada [System] may agree with any of its employees, to reduce the amount of taxable compensation due to an employee in accordance with a program established pursuant to 26 U.S.C. § 125 by the committee on benefits.
2. The employer shall deduct an amount from the taxable compensation of an employee pursuant to the agreement between the employer and the employee.
3. An employer shall not make any reduction in the taxable compensation of an employee pursuant to this section until the program established meets the requirements of 26 U.S.C. § 125 for eligibility.
4. The committee on benefits may establish and administer a program pursuant to 26 U.S.C. § 125. The committee may:
(a) Create an appropriate fund for administration of money and other assets resulting from the money deducted under the program.
(b) Delegate to one or more state agencies or institutions of the University [of the Nevada System] and Community College System of Nevada the responsibility for administering the program for their respective employees, including:
(1) Collection of money deducted;
κ1993 Statutes of Nevada, Page 386 (CHAPTER 195, SB 314)κ
(2) Transmittal of money collected to depositories within the state designated by the committee; and
(3) Payment for eligible uses.
(c) Contract with a natural person, corporation, institution or other entity, directly or through a state agency or institution of the University [of Nevada System,] and Community College System of Nevada, for services necessary to the administration of the plan, including:
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
5. Each employee who participates in a program established by the committee pursuant to this section shall pay a proportionate share of the cost to administer the program as determined by the committee.
6. The provisions of this section do not supersede, make inoperative or reduce the benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 123. NRS 287.270 is hereby amended to read as follows:
287.270 Deferred compensation means income which a state employee or employee of the University [of Nevada System] and Community College System of Nevada may legally set aside under 26 U.S.C. § 401(k), 403(b) or 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 124. NRS 287.320 is hereby amended to read as follows:
287.320 1. The state may agree with any of its employees, and the board of regents of the University of Nevada [System] may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the committee and as authorized by 26 U.S.C. § 401(k), 403(b) or 457. The board of regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. § 403(b) [,] without submitting the program to the committee for its approval.
2. The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.
3. The employer may invest the withheld money in any investment approved by the committee or, in the case of deferred compensation under 26 U.S.C. § 403(b) for employees of the University [of Nevada System,] and Community College System of Nevada by the board of regents [.] of the University of Nevada.
4. The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the program, all property and all rights purchased with those amounts [,] and all income attributable to those amounts, property or rights remain solely the property and rights of the state or the University [of Nevada System,] and Community College System of Nevada, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries.
κ1993 Statutes of Nevada, Page 387 (CHAPTER 195, SB 314)κ
and rights of the state or the University [of Nevada System,] and Community College System of Nevada, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries. This subsection does not apply to any part of the program for which the property and rights may be, according to federal law, vested with the employee without loss of the tax benefit of the deferral.
Sec. 125. NRS 287.330 is hereby amended to read as follows:
287.330 1. The governor shall appoint a committee, which must include the attorney general or his designee, to administer the program. The committee may:
(a) Create an appropriate account for administration of money and other assets resulting from compensation deferred pursuant to the program.
(b) With the approval of the governor, delegate to one or more state agencies or institutions of the University [of Nevada System] and Community College System of Nevada the responsibility for administering the program for their respective employees, including:
(1) Collection of deferred compensation;
(2) Transmittal of money collected to depositories within the state designated by the committee; and
(3) Payment of deferred compensation to participating employees.
(c) Contract with a private person, corporation, institution or other entity, directly or through a state agency or institution of the University [of Nevada System,] and Community College System of Nevada, for services necessary to the administration of the plan, including without limitation;
(1) Consolidated billing;
(2) The keeping of records for each participating employee and the program;
(3) The purchase, control and safeguarding of assets;
(4) Programs for communication with employees; and
(5) The administration and coordination of the program.
2. The committee and its individual members are not liable for any decision relating to investments if the committee has:
(a) Obtained the advice of qualified counsel on investments;
(b) Established proper objectives and policies relating to investments; and
(c) Exercised that degree of care and judgment which persons of ordinary prudence and reasonable discretion exercise in the management of their own affairs, considering probable income as well as the probable safety of their capital.
Sec. 126. NRS 287.360 is hereby amended to read as follows:
287.360 The program must be established in addition to other retirement, pension and benefit systems established by the state or University [of Nevada System,] and Community College System of Nevada, and does not supersede, make inoperative, or reduce benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 127. NRS 287.370 is hereby amended to read as follows:
287.370 No appropriated money of the state may be spent in connection with the administration of the program except as compensation for employees who participated in the administration as part of their regular duties, including without limitation:
κ1993 Statutes of Nevada, Page 388 (CHAPTER 195, SB 314)κ
who participated in the administration as part of their regular duties, including without limitation:
1. Members and staff of the committee; and
2. Employees of the state agency or the institution of the University [of Nevada System] and Community College System of Nevada selected to administer the program.
Sec. 128. NRS 293.103 is hereby amended to read as follows:
293.103 School officers means the board of regents of the University of Nevada, members of the state board of education and school district trustees.
Sec. 129. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada;
(c) Offices outside state buildings leased by the chief of the buildings and grounds division of the department of general services for the use of state officers and employees; or
(d) Lands or interests used or acquired for the legislature or its staff,
and shall administer all lands it holds which are not assigned for administration to another state agency.
2. If additional land or an interest in land is required for the use of any state agency except the department of transportation or the University and Community College System of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired [,] and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the states power of eminent domain. Title must be taken in the name of the State of Nevada.
3. The division of state lands may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.
Sec. 130. NRS 321.045 is hereby amended to read as follows:
321.045 1. In addition to the records required to be kept pursuant to NRS 321.040, the state land registrar shall maintain an index or record of deeds or other evidence of title or interest in and to all lands or interests in lands owned or acquired by the state by purchase, gift, grant or selection, condemnation, escheat, forfeiture of contract of sale, or otherwise, excepting all lands or interests therein acquired by the department of transportation or the University and Community College System of Nevada.
2. With respect to lands or interests therein acquired after April 1, 1957, the index must state the area of each parcel and the cost to the state of each parcel.
3. For the purposes of this chapter, the director of the department of transportation is hereby designated as the agent of the state land registrar to maintain an index or record of deeds or other references of title or interests in and to all lands or interests in land owned or acquired by the department of transportation.
κ1993 Statutes of Nevada, Page 389 (CHAPTER 195, SB 314)κ
Sec. 131. NRS 321.5963 is hereby amended to read as follows:
321.5963 As used in NRS 321.596 to 321.599, inclusive, unless the context otherwise requires:
1. Division means the division of state lands of the state department of conservation and natural resources.
2. Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University [of Nevada System;] and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges [,] or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 132. NRS 321.655 is hereby amended to read as follows:
321.655 As used in NRS 321.640 to 321.770, inclusive:
1. Administrator means the executive head of the division of state lands of the state department of conservation and natural resources.
2. Area of critical environmental concern means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.
3. Planning agency means:
(a) The planning commission for the city in which the land is entirely located; or
(b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.
4. Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University [of Nevada System;] and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United State s Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 133. NRS 328.500 is hereby amended to read as follows:
328.500 1. The legislature finds that more than 87 percent of the land in the State of Nevada is held by the Federal Government, of which 69 percent is public land, and the actions of federal agencies and instrumentalities involving the public lands and waters appurtenant to and public roads over those lands significantly affect the health, safety, welfare and happiness of the citizens of this state and may interfere with the traditional sovereign functions of the State of Nevada with respect to those lands, waters and roads and their uses.
κ1993 Statutes of Nevada, Page 390 (CHAPTER 195, SB 314)κ
those lands significantly affect the health, safety, welfare and happiness of the citizens of this state and may interfere with the traditional sovereign functions of the State of Nevada with respect to those lands, waters and roads and their uses.
2. Except as otherwise provided in subsection 3, the attorney general may:
(a) On his own initiative or at the request of the governor or any state agency, bring and maintain any action; or
(b) Intervene on behalf of or bring and maintain an action on the relation of, any person in any meritorious case,
in any court or before any federal agency if any action or proposed action by a federal agency or instrumentality with respect to the public lands or waters appurtenant to or public roads over those lands impairs or tends to impair the sovereignty of the State of Nevada.
3. The attorney general may bring an action pursuant to this section if:
(a) The legislature has appropriated sufficient money for the operation of his office to permit him to bring and maintain the action until its conclusion; or
(b) He has obtained the permission:
(1) From the legislature, if it is in session, expressed by a concurrent resolution; or
(2) If the legislature is not in session, from the interim finance committee.
4. As used in this section, public lands means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the University [of Nevada System;] and Community College System of Nevada;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges [,] or which are lands acquired by purchase consented to by the legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 134. NRS 333.020 is hereby amended to read as follows:
333.020 [The following words shall have the following meaning within the purview of this chapter, and shall be so construed;] As used in this chapter, unless the context otherwise requires:
1. Chief means the chief of the purchasing division.
2. Director means the director of the department of general services.
3. Purchasing division means the purchasing division of the department of general services.
4. Using agencies means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the [same may be] funds are provided by the State of Nevada, [funds] received from the Federal Government or any branch, bureau or agency thereof, or [funds] derived from private or other sources, excepting local governments as defined in NRS 354.474, conservation districts and irrigation districts.
κ1993 Statutes of Nevada, Page 391 (CHAPTER 195, SB 314)κ
irrigation districts. The University [of Nevada System and the desert research institute of the University of Nevada System] and Community College System of Nevada are not using agencies except as otherwise provided in NRS 333.461.
5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 135. NRS 333.200 is hereby amended to read as follows:
333.200 1. The chief shall cause to be maintained perpetual inventory records of all supplies and materials stored centrally or by the using agencies.
2. The chief shall:
(a) Control the stocks of supplies and materials on hand, the storing and issuance of supplies and materials, and the distributing of the costs of supplies and materials used.
(b) Produce information, as and when required, respecting quantities on hand, quantities purchased over a specified period, quantities used over a specified period by each using agency, quantities supplied by vendors specified for specified periods, unit prices, average prices [,] and experience with the vendors supplying the different classes of supplies.
(c) Price supplies and materials when purchased and when charged out of stock as used.
(d) Transfer surplus supplies and materials to points where they can be used advantageously.
(e) Direct and make test checks of physical inventories.
(f) Supervise the taking of annual inventories.
(g) Instruct storekeepers in the prescribed procedures for controlling stored materials.
3. The stores records must be so maintained as to show:
(a) The quantity of each commodity on hand.
(b) The average unit cost, including transportation charges.
(c) The total cost of the supply on hand.
(d) The minimum quantity that should be kept in stock.
(e) The maximum quantity that should be kept in stock at any one time.
4. After all records of previous quantities used by using agencies are compiled, a model stock system must be set up to control inventories that are on hand and on order. Inventory controlling accounts, limited to recording the costs of supplies purchased, the costs of supplies issued and used [,] and the value of the stock on hand, must be maintained. However, such inventories of the department of transportation, the state printing and micrographics division of the department of general services and the University [of Nevada System] and Community College System of Nevada must be maintained by those agencies respectively in accordance with the uniform regulations as provided in this chapter and as may be hereafter adopted by the chief.
Sec. 136. NRS 333.461 is hereby amended to read as follows:
333.461 The University [of Nevada System and the desert research institute of the University of Nevada System] and Community College System of Nevada shall utilize the facilities of the purchasing division to obtain:
κ1993 Statutes of Nevada, Page 392 (CHAPTER 195, SB 314)κ
1. All items procured by the purchasing division by open-end contracts, including without limitation motor vehicles, petroleum products, tires, tubes, batteries and selected office furniture; and
2. [Purchasing division warehouse items] Items from the warehouse for the purchasing division which are cataloged and in stock.
Sec. 137. NRS 333.470 is hereby amended to read as follows:
333.470 1. The University [of Nevada System, the desert research institute of the University of Nevada System,] and Community College System of Nevada, and local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the purchasing division.
2. The chief shall issue bulletins from time to time to all state and local government agencies, to all irrigation districts and conservation districts, to the University [of Nevada System and to the desert research institute of the University of Nevada System,] and Community College System of Nevada, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished pursuant to the provisions of subsection 1 must be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
Sec. 138. NRS 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
2. Public body means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.
3. Public work means any project for the new construction, repair or reconstruction of:
(a) A project financed in whole or in part from public money for:
(1) Public buildings;
(2) Jails and prisons;
(3) Public roads;
(4) Public highways;
(5) Public streets and alleys;
(6) Public utilities which are financed in whole or in part by public money;
(7) Publicly owned water mains and sewers;
(8) Public parks and playgrounds; and
(9) All other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.
(b) A building for the University [of Nevada System] and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by the state or federal money.
κ1993 Statutes of Nevada, Page 393 (CHAPTER 195, SB 314)κ
building as a whole are paid from money appropriated by the state or federal money.
4. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs [,] or other bona fide fringe benefits which are a benefit to the workman.
5. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.
Sec. 139. NRS 341.141 is hereby amended to read as follows:
341.141 1. The board shall furnish engineering and architectural services to the University and Community College System of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources; and
(c) Buildings on property controlled by other state agencies if the board has delegated its authority in accordance with NRS 341.119.
The board of regents of the University of Nevada and all other state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
Sec. 140. NRS 341.155 is hereby amended to read as follows:
341.155 With the concurrence of the board, the board of regents of the University of Nevada and any other state department, board or commission may enter into agreements with persons, associations or corporations to provide consulting services to determine and plan the construction work that may be necessary to meet the needs of the programs of those agencies. These contracts must be for a term not exceeding 5 years and must provide for payment of a fee for those services not to exceed one-half of 1 percent of the total value of:
1. In the case of the University and Community College System of Nevada, building construction contracts relating to the construction of [university campus facilities;] a branch or facility within the University and Community College System of Nevada; and
2. In the case of another state department, board or commission, all construction contracts relating to construction for that agency,
during the term and in the area covered by the contract.
Sec. 141. NRS 344.130 is hereby amended to read as follows:
344.130 The superintendent shall receive, print, reproduce and bind the matter and material submitted by all offices, departments, boards, commissions, institutions and agencies of the state, including the University [of Nevada System.] and Community College System of Nevada.
κ1993 Statutes of Nevada, Page 394 (CHAPTER 195, SB 314)κ
Sec. 142. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, the director of the legislative counsel bureau shall distribute them without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, county clerk, district attorney, justice of the peace and municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University [of Nevada System,] and Community College System of Nevada, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 143. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and micrographics division of the department of general services, the director of the legislative counsel bureau shall distribute them without charge as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University [of Nevada System,] and Community College System of Nevada, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 144. NRS 345.100 is hereby amended to read as follows:
345.100 The director shall determine the format, substance, time of preparation, distribution, cost and all other matters pertaining to the publication of the biennial report and the statistical abstract after consultation with the bureau of business and economic research of the University and Community College System of Nevada, the commission on economic development and the state library and archives.
Sec. 145. NRS 345.120 is hereby amended to read as follows:
345.120 Each of the documents required by NRS 345.070 and 345.090 must be distributed without charge to:
1. The governor.
2. Each elected state officer.
3. Each member of the legislature.
4. Each state department or other agency of the executive branch.
5. The clerk of each city and of each county.
6. The legislative counsel bureau.
7. Each public library in the state.
8. Each library in the University [of Nevada System.] and Community College System of Nevada.
κ1993 Statutes of Nevada, Page 395 (CHAPTER 195, SB 314)κ
Sec. 146. NRS 348.200 is hereby amended to read as follows:
348.200 Public body means this state, the University and Community College System of Nevada, or a city or town, incorporated or unincorporated, county, school district, other public educational institution, other district, authority or other body corporate and politic comprising a political subdivision of the state or acting on behalf thereof.
Sec. 147. NRS 350.554 is hereby amended to read as follows:
350.554 Public body means the University and Community College System of Nevada, [its] the board of regents [,] of the University of Nevada, any county, city, town, school district, other type district, authority, commission or other type of body corporate and politic constituting a political subdivision of the state , [(] other than the municipality proceeding hereunder . [).]
Sec. 148. NRS 353.224 is hereby amended to read as follows:
353.224 1. A state agency other than the University [of Nevada System] and Community College System of Nevada and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational class to another, as defined by the index developed pursuant to NRS 284.171, without the approval of the legislature or of the interim finance committee.
2. All proposed changes of positions from one occupational class to another must be submitted to the interim finance committee. The interim finance committee has 45 days after a proposal is submitted to its secretary within which to consider it. Any proposed change of a position from one occupational class to another which is not considered within the 45-day period shall be deemed approved.
3. The secretary shall place each request submitted to him pursuant to subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed change of position, the interim finance committee shall consider, among other things:
(a) The need for the proposed change; and
(b) The intent of the legislature in approving the existing classification of positions.
Sec. 149. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 4 and 5, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action [,] and his reasons for determining that immediate action was necessary [,] to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
κ1993 Statutes of Nevada, Page 396 (CHAPTER 195, SB 314)κ
(b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant which does not qualify pursuant to paragraph (a) or (b) must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the state;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and
(b) Governmental grants not exceeding $50,000 each in value,
if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.
6. This section does not apply to:
(a) The state industrial insurance system;
(b) The University [of Nevada System;] and Community College System of Nevada; or
(c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (c) of subsection 1 of NRS 439A.081.
Sec. 150. NRS 353A.010 is hereby amended to read as follows:
353A.010 As used in this chapter, unless the context otherwise requires:
1. Agency means every agency, department, division, board, commission or similar body, or elected officer, of the executive branch of the state, except:
(a) A board or commission created by the provisions of chapters 623 to 625, inclusive, 628 to 644, inclusive, 654 and 656 of NRS.
(b) The University and Community College System of Nevada.
(c) The public employees retirement system.
κ1993 Statutes of Nevada, Page 397 (CHAPTER 195, SB 314)κ
(d) The state industrial insurance system.
(e) The housing division of the department of commerce.
(f) The Colorado river commission.
2. Director means the director of the department of administration.
3. Internal accounting and administrative control means a method through which agencies can safeguard assets, check the accuracy and reliability of their accounting information, promote efficient operations and encourage adherence to prescribed managerial policies.
Sec. 151. NRS 361.098 is hereby amended to read as follows:
361.098 All real and personal property owned by a charitable foundation established by the board of regents of the University of Nevada [System] is exempt from taxation, but the property must be taxed when it is used for any purpose other than carrying out the legitimate functions of the foundation.
Sec. 152. NRS 361.603 is hereby amended to read as follows:
361.603 1. Any local government or the University [of Nevada System] and Community College System of Nevada may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which the local government or any part of the system is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government or the [system] University and Community College System of Nevada determines that a public purpose may be served by the acquisition of the property, it may make application to the board of county commissioners for permission to acquire the property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last known owner or heirs or devisees of the last known owner of the property in the manner provided by law.
3. The last known owner may, within 90 days of the notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If the owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government or the board of regents of the University of Nevada upon receiving from it the amount of the delinquent taxes, except as otherwise provided in subsection 5.
5. If property is so transferred to a local government for street, sewer or drainage uses or for use in a program for the rehabilitation of abandoned residential properties established by the local government pursuant to chapter 279B of NRS, the delinquent taxes need not be paid.
Sec. 153. NRS 374.292 is hereby amended to read as follows:
374.292 There are exempted from the taxes imposed by this chapter the gross receipts from the sale of textbooks sold within the University [of Nevada System.] and Community College System of Nevada.
Sec. 154. NRS 375A.700 is hereby amended to read as follows:
375A.700 1. The department shall deposit all payments received pursuant to NRS 375A.100 in the state treasury:
(a) For credit to the estate tax account in the state general fund, an amount determined by the department as necessary to pay the costs of administration of this chapter and to refund any overpayments of tax.
κ1993 Statutes of Nevada, Page 398 (CHAPTER 195, SB 314)κ
(b) For credit to the estate tax account [for] in the endowment fund of the University [of Nevada System,] and Community College System of Nevada, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
(c) For credit to the trust fund for class-size reduction, 50 percent of the remainder after deducting the amount pursuant to paragraph (a).
2. The interest earned on the money in the estate tax account must be credited to the account.
Sec. 155. NRS 375A.705 is hereby amended to read as follows:
375A.705 1. All money received by the board of regents of the University of Nevada pursuant to paragraph (b) of subsection 1 of NRS 375A.700 must be accounted for separately in the endowment fund of the University [of Nevada System Endowment Fund.] and Community College System of Nevada.
2. The money in the estate tax account must be invested pursuant to the same investment policies as the other money in the endowment fund is invested. All interest and income earned on the money in the account must be credited to the account.
3. The money in the estate tax account must only be expended as follows:
(a) The board of regents of the University of Nevada may spend $2,500,000 of the money in the account each year.
(b) Until the principal in the account is sufficient to yield income of $2,500,000 per year, all revenue deposited in the account in excess of the $2,500,000 allocated pursuant to paragraph (a) must remain in the account.
(c) In addition to the amount allowed pursuant to paragraph (a), the board of regents of the University of Nevada may spend any money in the account which is not part of the principal necessary to yield income of $2,500,000 per year.
(d) Any money expended pursuant to the provisions of paragraph (a) or (c) must be approved by the legislature when in regular session or by the interim finance committee when the legislature is not in regular session.
Sec. 156. NRS 375A.710 is hereby amended to read as follows:
375A.710 1. There is hereby created the committee on the estate tax account for the endowment of the University [of Nevada System,] and Community College System of Nevada, composed of:
(a) Two members of the board of regents of the University of Nevada , [System,] appointed by the chairman of the board with the approval of the other members.
(b) Two members who are administrators of the University [of Nevada System,] and Community College System of Nevada, appointed by the chancellor of the University [of Nevada System.] and Community College System of Nevada.
(c) Two members who are members of the faculty of the University [of Nevada System,] and Community College System of Nevada, appointed by the faculty.
(d) One member who is a student, appointed by the student governments of the University [of Nevada System.] and Community College System of Nevada.
κ1993 Statutes of Nevada, Page 399 (CHAPTER 195, SB 314)κ
2. If any authority having the power to appoint a member of the committee ceases to exist, the governor shall exercise that power in a manner consistent with the intent of this section.
3. The member of the committee who is appointed pursuant to paragraph (d) of subsection 1 shall serve a term of 1 year. All other members of the committee shall serve terms of 3 years.
4. The committee shall make recommendations to the board of regents of the University of Nevada concerning the expenditure of the money in the estate tax account in the endowment fund.
Sec. 157. NRS 375B.410 is hereby amended to read as follows:
375B.410 The money collected pursuant to the provisions of this chapter must be used only for the purpose of education, to be divided between the common schools and the [state university] University and Community College System of Nevada for their support and maintenance.
Sec. 158. NRS 378.160 is hereby amended to read as follows:
378.160 As used in NRS 378.150 to 378.210, inclusive:
1. Print means all forms of printing and duplicating other than by use of carbon paper.
2. State agency includes the legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
3. State publication includes any document issued in print by any state agency and which may legally be released for public distribution, but does not include:
(a) Nevada Revised Statutes with annotations;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) Press items of the University [of Nevada System] and Community College System of Nevada which are not in the nature of public and other [university] items for the University and Community College System of Nevada not designed for external distribution;
(e) Correspondence and intraoffice or interoffice communications which are not of vital interest to the public; or
(f) Publications from established agencies which are required by federal and state law to be distributed to depositories which duplicate those under NRS 378.200.
Sec. 159. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit 12 copies of each of its state publications which was not printed by the state printing and micrographics division of the department of general services with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status.
2. For each item printed by the state printing and micrographics division of the department of general services, 12 additional copies must be printed by the division, these to be collected by the state publications distribution center and distributed to public [and university] libraries and libraries of the University and Community College System of Nevada within the state.
κ1993 Statutes of Nevada, Page 400 (CHAPTER 195, SB 314)κ
3. Every city, county and regional agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least six copies of each of its publications and a list of its publications for a calendar year.
Sec. 160. NRS 378.250 is hereby amended to read as follows:
378.250 The state librarian may:
1. Receive into the archives any material from a state agency if he finds that it is of historical value.
2. With the approval of the state board of examiners, return to the state agency from which it was received, material in the archives which he finds is not of historical value.
3. Receive into the archives any material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if he finds that it is of historical value.
4. With the approval of the state board of examiners, turn over to the:
(a) Nevada historical society;
(b) Nevada state museum;
(c) Nevada museum and historical society;
(d) Nevada railroad museum; or
(e) University [of Nevada System,] and Community College System of Nevada,
any material in the archives which he finds to be surplus, not properly in the archives [,] or appropriate to be kept elsewhere.
5. Expend any gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in any manner which will further the purposes of the division.
Sec. 161. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition must be taken into custody by the director at the conclusion of the worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the director.
2. The provisions of this section do not apply to collections belonging to the Nevada historical society, the Nevada museum and historical society, the Lost City museum or the University [of Nevada System.] and Community College System of Nevada. The board of regents of the University of Nevada controls the universitys collection.
Sec. 162. NRS 408.078 is hereby amended to read as follows:
408.078 Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
1. To which title is held by any private person or entity;
2. To which title is held by the State of Nevada, any of its local governments or the University [of Nevada System;] and Community College System of Nevada;
3. Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;
4. Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
κ1993 Statutes of Nevada, Page 401 (CHAPTER 195, SB 314)κ
5. Which are held in trust for Indian purposes or are Indian reservations.
Sec. 163. NRS 412.143 is hereby amended to read as follows:
412.143 1. The adjutant general may authorize the payment of no more than 50 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends [the University of Nevada] one of the universities within the University and Community College System of Nevada as a full-time or part-time student from money appropriated for this purpose.
2. The adjutant general may authorize the payment of no more than 50 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends [a community college] one of the community colleges within the University and Community College System of Nevada as a full-time or part-time student from money appropriated for this purpose.
3. To be eligible to receive benefits, a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.
Sec. 164. NRS 422.381 is hereby amended to read as follows:
422.381 1. The department is authorized to include in the state plan for assistance to the medically indigent a methodology allowing for maximum compensation or for an increased rate of payment to a hospital for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients. The plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.), and the regulations adopted pursuant to those provisions.
2. Except as otherwise provided in this subsection, a program for increasing reimbursement to teaching hospitals that is directly related to reducing the ratio of students to teachers in health technician programs in [the community college system] community colleges within the University and Community College System of Nevada must not be adopted as part of the state plan for assistance to the medically indigent unless first approved by the legislature by concurrent resolution, if the legislature is in regular or special session, or by the interim finance committee. Such a program may be adopted without the approval of the legislature or the interim finance committee if the revenue used to match the amount contributed by the Federal Government is provided from a source other than the Medicaid budget account or the hospital tax account, but must be discontinued if the source of revenue is discontinued.
Sec. 165. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Operator means the individual blind person responsible for the day-to-day operation of the vending stand.
2. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the state or any of its political subdivisions except public elementary and secondary schools, the University [of Nevada System,] and Community College System of Nevada, the Nevada state park system and the department of prisons.
κ1993 Statutes of Nevada, Page 402 (CHAPTER 195, SB 314)κ
3. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the bureau and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles, operated in a particular building, even though no person is physically present on the premises except to service the machines;
(c) A cafeteria or snack bar for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.
Sec. 166. NRS 432B.232 is hereby amended to read as follows:
432B.232 1. The committee for the training of reporters of abuse or neglect of a child is hereby created within the department of human resources.
2. The governor shall appoint to the committee:
(a) One representative of each of the Nevada chapters of the National Committee for the Prevention of Child Abuse;
(b) A representative of the department of human resources;
(c) A representative of the University [of Nevada System;] and Community College System of Nevada; and
(d) One representative of each of the disciplines identified in subsection 2 of NRS 432B.220.
Sec. 167. NRS 433.279 is hereby amended to read as follows:
433.279 1. The division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians, employed by the division, or other employees of the division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the University [of Nevada System.] and Community College System of Nevada.
2. A mental health-mental retardation technician is responsible to the director of the service in which his duties are performed. The director of a service may be a licensed physician, dentist, podiatrist, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The division shall adopt regulations to carry out the provisions of this section.
4. As used in this section, mental health-mental retardation technician means an employee of the division who, for compensation or personal profit, implements procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of mentally ill, emotionally disturbed or mentally retarded persons, and who has direct responsibility for:
κ1993 Statutes of Nevada, Page 403 (CHAPTER 195, SB 314)κ
(a) Administering or implementing specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable clients to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of clients, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the clients.
Sec. 168. NRS 439.110 is hereby amended to read as follows:
439.110 1. Except as otherwise provided in subsection 2, the state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation.
2. Notwithstanding the provisions of NRS 281.127, the state health officer may cooperate with the University [of Nevada System] and Community College System of Nevada in the preparation and teaching of preservice professional workers in public health, and in a program providing additional professional preparation for public health workers employed by the State of Nevada.
Sec. 169. NRS 439A.082 is hereby amended to read as follows:
439A.082 The director shall contract with the University [of Nevada System] and Community College System of Nevada to collect and analyze information from health facilities and purchasers of health care to:
1. Respond to requests for information from the legislature.
2. Provide technical assistance to purchasers of health care.
3. Provide the department with information necessary to carry out the provisions of chapter 439A of NRS.
4. Provide other persons with information relating to the cost of health care.
Sec. 170. NRS 442.025 is hereby amended to read as follows:
442.025 1. The state board of health shall adopt regulations establishing standards for perinatal care provided by any provider of health care, based on recommendations submitted to the board by the school of medicine and school of nursing of the University [of Nevada System.] and Community College System of Nevada.
2. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 171. NRS 444.330 is hereby amended to read as follows:
444.330 1. The health division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:
(a) Institutions and facilities of the department of prisons.
(b) Nevada mental health institute.
(c) Nevada youth training center.
(d) Caliente youth center.
(e) Northern Nevada childrens home.
(f) Southern Nevada childrens home.
(g) University [of Nevada System.] and Community College System of Nevada.
κ1993 Statutes of Nevada, Page 404 (CHAPTER 195, SB 314)κ
2. The state board of health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of [such] those institutions.
3. The state health officer or his authorized agent shall inspect [such] those institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section.
4. The state health officer may publish reports of [such] the inspections.
5. All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate [such] the institutions in conformity with the regulations adopted by the state board of health pursuant to subsection 2.
6. The state health officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of [such places] the institutions and to determine whether the provisions of this section and the regulations of the state board of health pertaining thereto are being violated.
Sec. 172. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:
(a) The director of the department of wildlife;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) The executive director of the department of minerals;
(f) A member of the state board of health to be designated by that board; and
(g) Five members appointed by the governor, one of whom [is a person who] is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in performing mining reclamation.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of not more than $80, as fixed by the commission, for each days attendance at a meeting of the commission.
5. While engaged in the business of the commission, each member and employee of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
κ1993 Statutes of Nevada, Page 405 (CHAPTER 195, SB 314)κ
significant portion of his income from any department or agency of state government which is a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
7. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University [of Nevada System,] and Community College System of Nevada, the state public works board, the department of motor vehicles and public safety, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 173. NRS 451.069 is hereby amended to read as follows:
451.069 As used in NRS 451.070 to 451.340, inclusive, cemetery authority means any natural person, partnership, association, corporation or public entity, including the University and Community College System of Nevada or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this state.
Sec. 174. NRS 451.350 is hereby amended to read as follows:
451.350 As used in NRS 451.350 to 451.470, inclusive, committee means the committee on anatomical dissection established by the University [of Nevada System.] and Community College System of Nevada.
Sec. 175. NRS 451.360 is hereby amended to read as follows:
451.360 The University [of Nevada System shall have power to] and Community College System of Nevada may establish a committee on anatomical dissection which [shall] must be composed as follows:
1. One doctor of medicine appointed by the Nevada State Medical Association.
2. One doctor of dentistry appointed by the Nevada State Dental Association.
3. One pathologist appointed by the Nevada State Society of Pathologists.
4. One member appointed by the president of the University of Nevada, Reno from the faculty of the University of Nevada, Reno.
5. One member appointed by the president of the University of Nevada, Las Vegas from the faculty of the University of Nevada, Las Vegas.
6. The state health officer or one of his staff appointed by him.
7. One member appointed by the Nevada Funeral Service Association.
Sec. 176. NRS 451.370 is hereby amended to read as follows:
451.370 The committee shall keep full and complete minutes of each meeting of the committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom [such] the bodies may be distributed. [Such] The minutes and records [shall] must be open at all times to the inspection of each member of the committee and of the district attorney of any county within the state. A report of the activities of the committee [shall] must be made before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the presidents of the University [of Nevada System] and Community College System of Nevada and to the state board of health. One of the members of the committee from the University [of Nevada System committee members shall] and Community College System of Nevada must act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.
κ1993 Statutes of Nevada, Page 406 (CHAPTER 195, SB 314)κ
College System of Nevada must act as secretary and shall be responsible for preparing and maintaining a complete file of such minutes and records.
Sec. 177. NRS 451.557 is hereby amended to read as follows:
451.557 1. Any member of the following classes of persons, in the order of the priority listed, may make an anatomical gift of all or a part of the decedents body for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift:
(a) The spouse of the decedent;
(b) An adult son or daughter of the decedent;
(c) Either parent of the decedent;
(d) An adult brother or sister of the decedent;
(e) A grandparent of the decedent; and
(f) A guardian of the person of the decedent at the time of death.
The legal procedure for authorization must be defined and established by the committee on anatomical dissection established by the University [of Nevada System.] and Community College System of Nevada.
2. An anatomical gift may not be made by a person listed in subsection 1 if:
(a) A person in a prior class is available at the time of death to make an anatomical gift;
(b) The person proposing to make an anatomical gift knows of a refusal or contrary indications by the decedent; or
(c) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift by a member of the persons class or a prior class.
3. An anatomical gift by a person authorized under subsection 1 must be made by:
(a) A document of gift signed by him; or
(b) His telegraphic, recorded telephonic or other recorded message, or other form of communication from him that is contemporaneously reduced to writing and signed by the recipient.
4. An anatomical gift by a person authorized under subsection 1 may be revoked by any member of the same or a prior class if, before procedures have begun for the removal of a part from the body of the decedent, the physician, technician or enucleator removing the part knows of the revocation.
5. A failure to make an anatomical gift under subsection 1 is not an objection to the making of an anatomical gift.
Sec. 178. NRS 453.3345 is hereby amended to read as follows:
453.3345 1. Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.323:
(a) On the grounds of a public or private school, a playground, public swimming pool, recreational center for youths or a video arcade;
(b) On a campus of the University [of Nevada System;] and Community College System of Nevada;
(c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, pool, recreational center or arcade; or
κ1993 Statutes of Nevada, Page 407 (CHAPTER 195, SB 314)κ
(d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,
[shall] must be punished by imprisonment in the state prison 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 runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) Playground means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.
(b) Recreational center for youths means a recreational facility or gymnasium [,] which regularly provides athletic, civic or cultural activities for persons under 18 years of age.
(c) School bus has the meaning ascribed to it in NRS 483.160.
(d) Video arcade means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
Sec. 179. NRS 459.0095 is hereby amended to read as follows:
459.0095 The executive director may:
1. Provide information relating to radioactive waste to the legislature, local governments and state agencies that may be affected by the disposal of radioactive waste in this state.
2. Consult [departments, agencies and institutes] branches and facilities of the University [of Nevada System] and Community College System of Nevada or other institutions of higher education on matters relating to radioactive waste.
3. Employ, within the limitations of legislative authorization, technical consultants, specialists, investigators and other professional and clerical employees as are necessary to the performance of his duties.
4. Make and execute contracts and all other instruments necessary for the exercise of the duties of the office.
5. Obtain equipment and supplies necessary to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
Sec. 180. NRS 463.385 is hereby amended to read as follows:
463.385. 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
κ1993 Statutes of Nevada, Page 408 (CHAPTER 195, SB 314)κ
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, and the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated . [, and the] The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray [wholly] , in whole or in part , the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University [of Nevada System,] and Community College System of Nevada, including but not limited to capital improvement projects for the community colleges of the University [of Nevada System.]
κ1993 Statutes of Nevada, Page 409 (CHAPTER 195, SB 314)κ
capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University [of Nevada System,] and Community College System of Nevada, including but not limited to capital improvement projects for the community colleges of the University [of Nevada System.] and Community College System of Nevada. As used in this subsection, construction includes , but is not limited to , planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 181. NRS 481.054 is hereby amended to read as follows:
481.054 The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;
6. Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen and correctional officers of cities and towns;
8. Parole and probation officers;
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University [of Nevada System;] and Community College System of Nevada;
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
κ1993 Statutes of Nevada, Page 410 (CHAPTER 195, SB 314)κ
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. School police officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
20. Investigator and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;
23. Legislative police officers of the State of Nevada;
24. Police officers of the buildings and grounds division of the department of general services;
25. Parole counselors of the division of child and family services of the department of human resources;
26. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada whose official duties require them to enforce court orders on juvenile offenders and make arrests;
27. Field investigators of the taxicab authority; and
28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
Sec. 182. NRS 482.3823 is hereby amended to read as follows:
482.3823 1. An educational institution may operate on the highways of this state an unregistered motor vehicle otherwise required to be registered pursuant to this chapter if there is displayed on the vehicle a special license plate assigned to the educational institution pursuant to subsection 2. Such operation is strictly limited to movement of the vehicle:
(a) From one educational institution to another educational institution;
(b) From the educational institution to an established place of business which specializes in particular automotive repairs; and
(c) Which is necessary to test the vehicle under practical operating conditions on the road.
κ1993 Statutes of Nevada, Page 411 (CHAPTER 195, SB 314)κ
2. Upon application by an educational institution, submission of such evidence of qualification as is determined necessary by the director and payment of the applicable fee, the department shall assign to the educational institution one or more sets of special license plates for use on educational vehicles. The department shall charge and collect a fee of $5 for each set of special license plates issued pursuant to this section. The plates are valid for 1 year. The fee for renewal is $5.
3. Any unauthorized use of special license plates issued pursuant to this section is cause for the department to revoke all sets of [such] those plates issued to the educational institution. Unauthorized use of the plates includes:
(a) Display on a vehicle which is not an educational vehicle; and
(b) Movement of an educational vehicle in any manner not authorized in subsection 1.
4. Each special plate issued pursuant to this section must have displayed upon it suitable characters, as determined by the department, to identify the vehicle as an educational vehicle. The special plates may be used interchangeably on educational vehicles by the educational institution to which the plates were issued.
5. As used in this section:
(a) Educational institution means:
(1) A public school as that term is defined in NRS 385.007; or
(2) [A college or university] One of the branches or facilities within the University [of Nevada System,] and Community College System of Nevada,
which offers a course of instruction in automotive repair and owns or controls an educational vehicle.
(b) Educational vehicle means any motor vehicle which is owned or controlled by an educational institution and used exclusively for the purposes of a course of instruction in automotive repair. The term does not include any motor vehicle:
(1) Used by the educational institution for any purpose not directly related to a course of instruction in automotive repair.
(2) Owned by a pupil, student or employee of the educational institution.
Sec. 183. NRS 514.010 is hereby amended to read as follows:
514.010 There is hereby established a bureau of mines and geology of the State of Nevada [,] which shall be in the public service division of the University [of Nevada System.] and Community College System of Nevada.
Sec. 184. NRS 514.030 is hereby amended to read as follows:
514.030 1. The board of regents of the University of Nevada shall appoint as director a competent scientist or engineer, who [shall] must be a graduate of a recognized college or university with a degree in some branch of earth science or mineral engineering , to be known as the director of the bureau of mines and geology.
2. Upon the directors nomination, the board of regents of the University of Nevada shall employ such assistants and employees as the board [shall deem] deems necessary.
3. The board of regents of the University of Nevada may also determine the compensation of all persons employed by the bureau of mines and geology [,] and may remove them at will.
κ1993 Statutes of Nevada, Page 412 (CHAPTER 195, SB 314)κ
Sec. 185. NRS 527.320 is hereby amended to read as follows:
527.320 In furtherance of the provisions of NRS 527.310, the state forester firewarden, subject to the approval of the director of the state department of conservation and natural resources, may:
1. Enter into agreements with the Federal Government and other states for the collection and dissemination of forest and range renewable natural resources data.
2. Cooperate with federal agencies and with the renewable natural resources department in the college of agriculture of the University of Nevada [.] , Reno.
3. Publish, in cooperation with the renewable natural resources department, an annual report indicating the utilization of forest and range renewable natural resources and the acreage, production, price, employment and trade of such resources.
4. Conduct demonstrations to encourage better management and utilization of forest and range renewable natural resources.
Sec. 186. NRS 527.330 is hereby amended to read as follows:
527.330 1. The board of regents of the University of Nevada shall establish a state arboretum at each of [its branches] the universities within the University and Community College System of Nevada to increase the knowledge and appreciation of the public of flora indigenous to Nevada and from other areas and to provide a place where they may be planted and cultivated as memorials.
2. The board of regents shall adopt regulations for the establishment and maintenance of the arboreta.
Sec. 187. NRS 528.115 is hereby amended to read as follows:
528.115 1. The division, subject to the approval of the director, may:
(a) Enter into cooperative agreements with research organizations providing for the use of division facilities for the development of needed information concerning the propagation, establishment, protection, maintenance and use of conservation plant materials; and
(b) Enter into contracts with established research organizations to obtain such information.
2. The director and the University and Community College System of Nevada may enter into a cooperative agreement providing for the dissemination of information obtained by the division pursuant to subsection 1.
Sec. 188. NRS 543.550 is hereby amended to read as follows:
543.550 1. There is hereby granted to a district the right of way for the construction and maintenance of floodways, ditches, waterways, conduits, canals, dikes, embankments, basins for retention or detention of water and protective works in, over and across public lands of the State of Nevada not otherwise disposed of or in use, but not in any case exceeding the length or width necessary for the construction of those works and adjuncts or for the protection thereof.
2. Whenever any selection of right of way for those works or adjuncts is made by the district, the board shall transmit to the division of state lands of the state department of conservation and natural resources and any other agency or entity of the state owning land in the area, including the University [of Nevada] and Community College System of Nevada, the Colorado River Commission, and to the county recorder of the county in which the selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which they are claimed or desired, verified to be correct.
κ1993 Statutes of Nevada, Page 413 (CHAPTER 195, SB 314)κ
Commission, and to the county recorder of the county in which the selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which they are claimed or desired, verified to be correct.
3. If the division of state lands of the state department of conservation and natural resources approves the selection so made, it must be endorsed upon the plat and a permit must be issued to use the rights of way and land.
Sec. 189. NRS 544.060 is hereby amended to read as follows:
544.060 In carrying out the purposes of NRS 544.010 to 544.060, inclusive, the director shall utilize to the fullest possible extent the facilities and technical resources of the desert research institute of the University [of Nevada System.] and Community College System of Nevada.
Sec. 190. NRS 549.010 is hereby amended to read as follows:
549.010 [In order to] To provide for continued extension work in agriculture, home economics and rural welfare in the State of Nevada, the director of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and the boards of county commissioners of any or all of the respective counties of the State of Nevada may enter into cooperative agreements and activities subject to the provisions of this chapter.
Sec. 191. NRS 549.020 is hereby amended to read as follows:
549.020 1. The director of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada shall prepare and submit to the board of county commissioners, for each county participating, an annual financial budget covering the county, state and federal funds cooperating in the cost of cooperative extension work in agriculture and home economics.
2. [Such budget shall] The budget must be adopted by the board of county commissioners and certified as a part of the annual county budget, and the county tax levy provided for agricultural extension work in the annual county budget [shall] must include a levy of not less than 1 cent on each $100 of taxable property. If the proceeds of the county tax levy of 1 cent are insufficient to meet the countys share of [such] the cooperative agricultural extension work, as provided in the combined annual financial budget, the board of county commissioners may, by unanimous vote, levy an additional tax so that the total in no instance [shall exceed] exceeds 5 cents on each $100 of the county tax rate.
3. The proceeds of such a tax [shall] must be placed in the agricultural extension fund in each county treasury and [shall] must be paid out on claims drawn by the agricultural extension agent of the county as designated by the director of the agricultural extension department of the public service division of the University [of Nevada System,] and Community College System of Nevada, when approved by [such] the director and countersigned by the treasurer of the University [of Nevada System.] and Community College System of Nevada.
4. A record of all such claims approved and paid, segregated by counties, [shall] must be kept by the treasurer of the University [of Nevada System.] and Community College System of Nevada. The cost of maintaining [such record shall] the record must be paid from state funds provided for by this chapter.
κ1993 Statutes of Nevada, Page 414 (CHAPTER 195, SB 314)κ
5. The states cooperative share of the cost of such agricultural extension work, as entered in the budget described in this section, [shall] must not be more than a sum equal to the proceeds of 1 cent of such county tax rate; but when the proceeds of a 1-cent tax rate are insufficient to carry out the provisions of the budget previously adopted, the director of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada is authorized to supplement the states cooperative share from [such] the funds as may be made available in the public service division fund of the University [of Nevada System.] and Community College System of Nevada.
Sec. 192. NRS 549.030 is hereby amended to read as follows:
549.030 1. A certified copy of the county extension work budget as adopted and approved [, as provided in NRS 549.020, shall] pursuant to NRS 549.020 must be filed with the treasurer of the University [of Nevada System] and Community College System of Nevada within 10 days after its approval by the board of county commissioners.
2. Necessary modifications thereof, involving county and state funds, [due to] resulting from leaves of absence without pay, resignations, changes in salary, dismissals [,] or employment of any cooperative agent, variations in expense accounts [,] or otherwise, not involving an increase in the total expenditures provided to be paid from [such funds,] the funds and consistent with the purposes of this chapter, may be made by filing with the treasurer of the University [of Nevada System] and Community College System of Nevada and the board of county commissioners a revised budget, approved by the director of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and countersigned by the treasurer of the University [of Nevada System.] and Community College System of Nevada.
Sec. 193. NRS 549.050 is hereby amended to read as follows:
549.050 All moneys appropriated [as mentioned in NRS 549.040 shall] pursuant to NRS 549.040 must be expended under the direction of the director of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada to the extent of the financial budget for cooperation between the state and the respective counties provided for in NRS 549.020.
Sec. 194. NRS 550.010 is hereby amended to read as follows:
550.010 As used in this chapter, unless the context otherwise requires:
1. Board of regents means the board of regents of the University of Nevada.
2. Director means the director of the agricultural extension department of the public service division of the University [of Nevada System.] and Community College System of Nevada.
3. State 4-H camp means the state 4-H camp institute and exhibit.
Sec. 195. NRS 553.040 is hereby amended to read as follows:
553.040 1. Every agricultural demonstration farm or plot under the provisions of this chapter [shall] must be conducted by the owner, lessee or manager thereof under the supervision of the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and in accordance with the terms of a written project agreement entered into with the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and approved by the board of county commissioners of the county in which the agricultural farm or plot is located.
κ1993 Statutes of Nevada, Page 415 (CHAPTER 195, SB 314)κ
written project agreement entered into with the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and approved by the board of county commissioners of the county in which the agricultural farm or plot is located.
2. The agreement [shall] must include the keeping by [such] the owner, lessee or manager of accurate and systematic records and accounts in the form prescribed by the agricultural extension department of the public service division of the University [of Nevada System, which] and Community College System of Nevada. The records and accounts [shall] must be subject to inspection, use and publication in furtherance of the purposes of this chapter.
Sec. 196. NRS 553.050 is hereby amended to read as follows:
553.050 1. The purpose of demonstration farms [shall be] is to demonstrate the results of improved systems of farm management and accountancy as prescribed by the agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada and applied to [such] the farm units.
2. The purpose of demonstration plots [shall be] is to demonstrate the value and importance of new or improved varieties of crops, soil management [,] and soil and climate adaptability to certain crops.
Sec. 197. NRS 553.070 is hereby amended to read as follows:
553.070 1. Any county desiring to avail itself of the provisions of this chapter shall, by resolution of its board of county commissioners, bind itself to pay to the owner, lessee or manager of [such] the demonstration farm or plot as follows:
(a) For each demonstration farm, the sum of $10 per acre, but not exceeding the sum of $100 for any such demonstration farm unit.
(b) For any demonstration plot, a minimum of $25 if it is less than 3 acres, and $10 per acre if it contains 3 acres or more.
2. The sums [shall] must be paid annually for each year the demonstration is to be continued [,] on the certification by the agricultural extension department of the public service division of the University [of Nevada System that such] and Community College System of Nevada that the demonstration has been conducted in accordance with the agreement.
3. [No county shall be] A county is not obligated under the provisions of this section, except [in] with respect to demonstration farms and plots which have been approved by the board of county commissioners as provided in NRS 553.040.
4. The authority to provide for such expenditure in the county budget and to disburse the [same] money is hereby granted to the board of county commissioners and the other [officials] officers of the several counties.
Sec. 198. NRS 553.090 is hereby amended to read as follows:
553.090 The agricultural extension department of the public service division of the University [of Nevada System] and Community College System of Nevada annually shall prepare the information resulting from [such] the demonstration in a form serviceable to aid and advance agricultural welfare of the state. [Such] A number of copies thereof as may be deemed necessary, not exceeding 10,000, must be printed by the state printing and micrographics division of the department of general services for free distribution.
κ1993 Statutes of Nevada, Page 416 (CHAPTER 195, SB 314)κ
Sec. 199. NRS 555.410 is hereby amended to read as follows:
555.410 The executive director may, in cooperation with the University [of Nevada System,] and Community College System of Nevada, publish information regarding injury which may result from improper application or handling of pesticides and methods and precautions designed to prevent such an injury.
Sec. 200. NRS 563.030 is hereby amended to read as follows:
563.030 1. One member of the board must be a member of the teaching staff of the college of agriculture of the University of Nevada [System;] , Reno;
2. One member of the board must be a member of the staff of the agricultural extension department of the public service division of the University [of Nevada system;] and Community College System of Nevada;
3. One member of the board must be a member of the staff of the state board for occupational education; and
4. Four members of the board must be persons concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers, selected as follows:
(a) Two persons whose interest is in cattle and sheep;
(b) One person whose interest is in horses; and
(c) One person whose interest is in dairying.
All members must be residents of the State of Nevada.
Sec. 201. NRS 563.100 is hereby amended to read as follows:
563.100 1. The Nevada junior livestock show board shall each year conduct the junior livestock show, the Nevada youth livestock and dairy show and the Nevada state horse program at places to be determined by the board.
2. To enter any exhibition named in subsection 1, a person must be:
(a) Certified by the state 4-H club leader or the state supervisor of occupational agricultural education; and
(b) Under 19 years of age except that the board, upon considering the requirements of a specific event involved may allow entry by a person 19 years of age or older who is registered as a regular student in an animal science course under the University [of Nevada System.] and Community College System of Nevada.
3. Entries of animals in any exhibition named in subsection 1 are limited to those owned or controlled according to the requirements of the exhibition.
Sec. 202. NRS 581.500 is hereby amended to read as follows:
581.500 1. The council, consisting of seven members appointed by the governor, is hereby created within the state department of agriculture.
2. The governor shall appoint:
(a) One member from business.
(b) One member from the engineering profession.
(c) One member from a trade organization.
(d) One member from industry.
(e) One member from a labor organization.
(f) One member from the faculty of a university in the University [of Nevada System.] and Community College System of Nevada.
(g) One member from the faculty of a public elementary or secondary school.
κ1993 Statutes of Nevada, Page 417 (CHAPTER 195, SB 314)κ
Sec. 203. NRS 583.055 is hereby amended to read as follows:
583.055 1. The state department of agriculture shall establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.
2. The department may enter into cooperative agreements with the Agriculture Marketing Service of the United States Department of Agriculture and the college of agriculture of the University of Nevada , Reno, and adopt appropriate regulations to carry out the program.
3. The department may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.
Sec. 204. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state, county and local departments, boards, commissions, agencies or bureaus, whether elected or appointed, who serve without compensation or who receive less than $250 per month compensation, the members of the state board of education, adjunct professors of the University and Community College System of Nevada and the members of the board of regents of the University of Nevada, while engaged in their designated duties as such members [,] shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month [,] and, in the event on injury while performing their designated duties , are entitled to the benefits of this chapter.
2. For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state, county and local department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for the premiums required by this chapter in the same manner as for other expenditures and shall pay those premiums out of money appropriated therefor in the manner provided in NRS 616.405 to the extent that those provisions are applicable.
Sec. 205. NRS 616.251 is hereby amended to read as follows:
616.251 The system shall offer a program of unlimited medical coverage of freshman and varsity athletic teams of the University [of Nevada System] and Community College System of Nevada for injuries incurred while the members of [such] the teams are engaged in organized practice or actual competition or any activity related thereto . [, which] The program must be funded separately from the state insurance fund [,] and for this purpose the system shall establish premium rates on the basis of man months of athletic participation by members of the athletic teams. Any participation by the member of an athletic team during a calendar month must be counted as 1 man month for purposes of premium calculation. A team member so covered is not entitled to any other benefit under this chapter.
Sec. 206. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff or city policeman;
2. A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;
3. A chief, inspector or agent of the investigation division of the department of motor vehicles and public safety;
κ1993 Statutes of Nevada, Page 418 (CHAPTER 195, SB 314)κ
4. An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;
5. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;
6. A member of the police department of the University [of Nevada System;] and Community College System of Nevada;
7. A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies [.] ; and
8. A parole and probation officer of the department of parole and probation.
Sec. 207. NRS 632.2856 is hereby amended to read as follows:
632.2856 1. The training program required for certification as a nursing assistant must consist of 75 hours of instruction. The program must include no less than 60 hours of theory and learning skills in a laboratory setting.
2. Except as otherwise provided in this subsection, the instructor of the program must be a registered nurse with:
(a) Three years of nursing experience which includes direct care of patients and supervision and education of members of the staff; and
(b) Proof of successful completion of training for instructors which has been approved by the board.
The board may approve a licensed practical nurse as an instructor if the board determines that requiring instruction by a registered nurse would create a hardship.
3. Upon completion of the program, a nursing assistant trainee must pass a test in theory with an overall score of 80 percent and a test of skills on a pass or fail basis. The test of skills must be given by a registered nurse. If the nursing assistant trainee fails either of the tests, he must repeat the training in the areas in which he was deficient before taking the certification examination.
4. In a program which is based in a facility, a nursing assistant trainee may only perform those tasks he has successfully completed in the training program, and must perform those tasks under the direct supervision of a registered nurse or a licensed practical nurse.
5. The board shall adopt regulations not inconsistent with law:
(a) Specifying the scope of the training program and the required components of the program;
(b) Establishing standards for the approval of programs and instructors; and
(c) Designating the basic nursing services which a nursing assistant may provide upon certification.
6. Any medical facility, educational institution or other organization may provide a training program if the program meets the requirements set forth in this chapter and in the regulations of the board, and is approved by the board. Such a program must be administered through:
(a) The University [of Nevada System;] and Community College System of Nevada;
κ1993 Statutes of Nevada, Page 419 (CHAPTER 195, SB 314)κ
(b) A program for occupational education approved by the state board for occupational education;
(c) A public school in this state; or
(d) Any other nationally recognized body or agency authorized by law to accredit or approve such programs.
7. An educational institution or agency that administers a training program shall:
(a) Develop or approve the curriculum for training provided in its service district;
(b) Manage the training program; and
(c) Work with medical and other facilities to carry out the requirements of paragraphs (a) and (b).
Sec. 208. NRS 645.343 is hereby amended to read as follows:
645.343 1. In addition to the other requirements contained in this chapter, an applicant for an original real estate salesmans license must furnish proof satisfactory to the real estate division that he has successfully completed a course of instruction in [real estate] the principles, practices, procedures, law and ethics [,] of real estate, which course may be an extension or correspondence course offered by the University [of Nevada System, or] and Community College System of Nevada, any other accredited college or university [,] or by any other college or school approved by the commission.
2. An applicant for an original real estate brokers or broker-salesmans license must furnish proof satisfactory to the real estate division that he has successfully completed 45 semester units or the equivalent in quarter units of college level courses which include:
(a) Three semester units or an equivalent number of quarter units in real estate law, including at least 15 classroom hours of the real estate law of Nevada [,] and another course of equal length in the principles of real estate;
(b) Nine semester units or the equivalent in quarter units of college level courses in real estate appraisal and business or economics; and
(c) Nine semester units or the equivalent in quarter units of college level courses in real estate, business or economics.
3. On and after January 1 1986, in addition to other requirements contained in this chapter, an applicant for an original real estate brokers or broker-salesmans license must furnish proof satisfactory to the real estate division that he has completed 64 semester units or the equivalent in quarter units of college level courses. This educational requirement includes and is not in addition to the requirements listed in subsection 2.
4. For the purposes of this section, each person holding a valid real estate salesmans license under the provisions of this chapter is entitled to receive credit for the equivalent of 16 semester units of college level courses for each two years of active experience he has as a licensed real estate salesman. This credit may not be applied against the requirement in subsection 2 for 15 classroom hours of the real estate law of Nevada.
5. The educational requirements of this section may be waived partially or completely by the commission if the applicant for an original real estate brokers or broker-salesmans license furnishes proof satisfactory to the commission that he resides in a rural county where educational resources are not available and where excess travel would work a hardship on the applicant in meeting the requirements.
κ1993 Statutes of Nevada, Page 420 (CHAPTER 195, SB 314)κ
available and where excess travel would work a hardship on the applicant in meeting the requirements.
6. An applicant for a brokers license pursuant to NRS 645.350 must meet the educational prerequisites applicable on the date his application is received by the real estate division.
7. For the purposes of this section, college level courses are courses offered by any accredited college or university or by any other institution which meet the standards of education established by the commission. The commission may adopt regulations setting forth standards of education which are equivalent to the college level courses outlined in this subsection. The regulations may take into account the standard of instructors, the scope and content of the instruction, hours of instruction and such other criteria as the commission requires.
Sec. 209. NRS 645.830 is hereby amended to read as follows:
645.830 1. The following fees must be charged by and paid to the division:
For each real estate salesmans or brokers examination...... $55
For each original real estate brokers, broker-salesmans or corporate brokers license..................................................................... 130
For each original real estate salesmans license....................... 100
For each original branch office license...................................... 100
For real estate education, research and recovery to be paid at the time an application for a license is filed or at the time a license is renewed ................................................................................................. 40
For each renewal of a real estate brokers, broker-salesmans or corporate brokers license..................................................................... 130
For each renewal of a real estate salesmans license.............. 100
For each renewal of a real estate branch office license.......... 100
For each penalty for late filing of a renewal for a brokers, broker-salesmans or corporate brokers license......................... 65
For each penalty for late filing of a renewal for a salesmans license 50
For each change of name or address......................................... 10
For each transfer of a real estate salesmans or broker-salesmans license and change of association or employment..................... 10
For each duplicate license where the original license is lost or destroyed, and an affidavit is made thereof.............................................. 10
For each change of status from broker to broker-salesman, or the reverse ................................................................................................. 10
For each reinstatement to active status of an inactive real estate brokers, broker-salesmans or salesmans license......................... 10
For each reinstatement of a real estate brokers license when the licensee fails to give immediate written notice to the division of a change of name or business location.................................................. 20 For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker.............................................. $20
κ1993 Statutes of Nevada, Page 421 (CHAPTER 195, SB 314)κ
For each reinstatement of a real estate salesmans or broker-salesmans license when he fails to notify the division of a change of broker within 30 days of termination by previous broker..................... $20
For each original registration of an owner-developer.............. 65
For each annual renewal of a registration of an owner-developer. 65
For each enlargement of the area of an owner-developers registration ................................................................................................. 15
For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof................................................... 40
For each original accreditation of a course of continuing education 50
For each renewal of accreditation of a course of continuing education ................................................................................................. 10
2. The fees prescribed for courses of continuing education do not apply to any university or community college of the University [of Nevada System.] and Community College System of Nevada.
Sec. 210. NRS 652.170 is hereby amended to read as follows:
652.170 1. The board shall appoint the members of the medical laboratory advisory committee.
2. After the initial terms, members shall serve for 3-year terms.
3. A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.
4. The advisory committee is composed of:
(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director.
(d) One qualified biochemist from the University and Community College System of Nevada.
(e) One licensed physician actively engaged in the practice of clinical medicine in this state.
5. No member of the advisory committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.
6. The state health officer or his designated representative is an ex officio member of the advisory committee.
7. Each member of the advisory committee is entitled to receive:
(a) A salary of not more than $60, as fixed by the board, for each days attendance at a meeting of the committee; and
(b) A per diem allowance and travel expenses at a rate fixed by the board, while engaged in the business of the committee. The rate must not exceed the rate provided for state officers and employees generally.
8. While engaged in the business of the committee, each employee of the committee is entitled to receive a per diem allowance and travel expenses at a rate fixed by the board. The rate must not exceed the rate provided for state officers and employees generally.
κ1993 Statutes of Nevada, Page 422 (CHAPTER 195, SB 314)κ
Sec. 211. In preparing the reprint of the Nevada Revised Statutes, the legislative counsel shall:
1. Change any reference to the University of Nevada System to refer to the University and Community College System of Nevada in any section which is not amended by this act or is further amended by another act; and
2. Make such other revisions as are necessary to correct any reference in such a section which is made obsolete by the amendatory provisions of this act.
Sec. 212. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 93 — Committee on Ways and Means
CHAPTER 196
AN ACT relating to the department of prisons; clarifying the provisions governing the revenue to be deposited in the fund for new construction of facilities for prison industries; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.192 is hereby amended to read as follows:
209.192 1. There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. [Five percent of any wages of offenders deducted] From the deductions made pursuant to paragraph (a) of subsection 1 of NRS 209.463 [must be deposited in this fund.] , the director shall deposit in the fund an amount equal to 5 percent of the gross wages earned by offenders employed in the industrial and agricultural programs administered by the assistant director for industrial programs. The money in the fund must only be expended to house new industries in the industrial program which will provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program.
2. Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 423κ
Assembly Bill No. 96 — Committee on Ways and Means
CHAPTER 197
AN ACT relating to the financial administration of school districts; repealing duplicate and obsolete provisions concerning funds maintained by the school districts; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.310 is hereby amended to read as follows:
387.310 1. Except as otherwise provided by [NRS 387.307 and subject to the direction of] the board of trustees, the clerk of the board shall draw all orders for the payment of money belonging to the school district.
2. The orders [shall] must be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at [the] a meeting and mailed to any absent member . [; and, when] When the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, [such] the orders are valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of [the funds] money belonging to [such] the school district.
3. No order in favor of the board of trustees or any member thereof, except for salaries as authorized by NRS 386.320, authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, may be drawn.
4. No order for salary for any teacher may be drawn unless [such] the teacher is included in the directory of teachers supplied to the clerk of the board of trustees [under] pursuant to the provisions of NRS 391.045.
Sec. 2. NRS 387.227, 387.306 and 387.307 are hereby repealed.
Sec. 3. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 424κ
Assembly Bill No. 191 — Assemblymen Wendell Williams and Arberry
CHAPTER 198
AN ACT relating to the board of regents of the University of Nevada System; requiring the board of regents to submit a report to the director of the legislative counsel bureau concerning certain activities of the police department for the University of Nevada System; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of regents of the University of Nevada System shall, not later than April 15 of each odd-numbered year, prepare and submit to the director of the legislative counsel bureau for submission to the legislature, a report concerning the activities of the police department of the University of Nevada System.
2. The report must include, without limitation:
(a) A copy of each of the annual security reports compiled for the immediately preceding 2 years pursuant to 20 U.S.C. § 1092, including the executive summary and statistics regarding crimes on campus; and
(b) A statement of:
(1) The policy of each police department regarding the use of force and the equipment authorized for use by its officers in carrying out that policy;
(2) The activities performed by each police department during the reporting period to improve or maintain public relations between the campus and the community;
(3) The number of full-time and reserve officers in each police department;
(4) The programs held in each police department during the reporting period in which training was given to its officers and the rates of participation in those programs; and
(5) The number, itemized by each police department, of incidents during the reporting period in which an excessive use of force was alleged and the number of those allegations which were sustained.
________
κ1993 Statutes of Nevada, Page 425κ
Assembly Bill No. 375 — Committee on Labor and Management
CHAPTER 199
AN ACT relating to industrial insurance; giving effect to an employers previous experience in another state to determine his rates as a new business in this state under certain circumstances; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which [regulations, however,] must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of any actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) Sixty days before the effective date of [any] a projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of [any] a change decided upon.
The commission shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) [Any] An employer affected by a change in a premium rate may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing.
(d) Premium rates may not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
κ1993 Statutes of Nevada, Page 426 (CHAPTER 199, AB 375)κ
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicated accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. Except as otherwise provided in this subsection, in determining and fixing the premium rates applicable to an employer who begins business in this state but has conducted business in another state for 3 years or longer, the manager shall take into account the employers experience in the other state in the same manner as the manager takes into account an employers experience in this state. If the rating system used in the state in which the employer previously conducted business is not comparable to the rating system adopted by the manager pursuant to this section, the manager shall not take into account the employers experience in the other state to determine and fix his premium rate unless the employer presents evidence of the rating that would have been assigned to him by that state if it had been calculated using the rating system adopted by the manager pursuant to this section.
6. Subsections 2 and 3 do not apply to rating plans made by voluntary agreement between the manager and employer which increases or reduces premiums for the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by the manager and the employer.
________
Assembly Bill No. 454 — Committee on Education
CHAPTER 200
AN ACT relating to public schools; revising the provision governing credit to be given for previous service to a teacher who changes employment from one school district to another; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.160 is hereby amended to read as follows:
391.160 1. The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.
2. In determining the salary of a teacher [, a school district shall give the same credit for previous service in another school district in this state as is given for the same kind of service in the school district for which the salary is being determined.]
κ1993 Statutes of Nevada, Page 427 (CHAPTER 200, AB 454)κ
being determined.] who is employed by a school district after having been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 3:
(a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; and
(b) Give him credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a).
3. This section does not:
(a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.
(b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.
4. As used in this section, previous teaching service means the total of:
(a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and
(b) His period of teaching service in his former employment.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 476 — Assemblymen Carpenter, Collins and Marvel
CHAPTER 201
AN ACT relating to hunting; revising and making permanent the program for the issuance of restricted nonresident deer tags; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act:
1. Restricted nonresident deer hunt means a deer hunt in which a restricted nonresident deer hunter hunts with a licensed master guide or licensed subguide.
2. Restricted nonresident deer hunter means a person who is not a resident of this state and is issued a restricted nonresident deer tag.
3. Restricted nonresident deer tag means a tag which is issued to a nonresident for a restricted nonresident deer hunt.
Sec. 3. 1. The department shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the department shall conduct a drawing to determine the persons to whom to issue the tags.
κ1993 Statutes of Nevada, Page 428 (CHAPTER 201, AB 476)κ
than the number of tags to be issued, the department shall conduct a drawing to determine the persons to whom to issue the tags.
2. The number of restricted nonresident deer tags must:
(a) Be subtracted from the quota of rifle deer tags for nonresidents; and
(b) Not exceed 9 percent of the deer tags issued to nonresidents during the previous year or 250 tags, whichever is greater.
3. The number of restricted nonresident deer tags issued for any management area or unit must not exceed 25 percent of the rifle deer tags issued to nonresidents during the previous year for that management area or unit.
4. Any restricted nonresident deer tags which are not issued must be returned to the quota of rifle deer tags for nonresidents.
5. The department shall mail the tags to the successful applicants.
Sec. 4. 1. Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to section 3 of this act must complete an application on a form prescribed and furnished by the department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.
2. The application must be accompanied by a fee for the tag of $250, plus any other fees which the department may require. The commission shall establish the time limits and acceptable methods for submitting such applications to the department.
3. Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and returned to the applicant with his fee for the tag.
4. A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state for the same hunting season as that restricted nonresident deer hunt.
5. All fees collected pursuant to this section must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 5. A restricted nonresident deer hunter must be accompanied at all times during the restricted nonresident deer hunt by the licensed master guide who cosigned the application or one of his licensed subguides.
Sec. 6. The provisions of this act apply to the 1994 hunting season and each hunting season thereafter.
________
κ1993 Statutes of Nevada, Page 429κ
Senate Bill No. 114 — Committee on Natural Resources
CHAPTER 202
AN ACT relating to animals; providing for the regulation of alternative livestock; authorizing the maintenance of a noncommercial collection of live wildlife under certain circumstances; authorizing the board of wildlife commissioners to prohibit the importation, transportation or possession of any species of wildlife that is detrimental to the wildlife of this state; prohibiting the capture of live wildlife to stock a wildlife facility; and providing other matters properly relating thereto.
[Approved June 8, 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, alternative livestock means the following species, including subspecies, of the family Cervidae, if they are born and reared in captivity and raised on private property to produce meat or other by-products of animals or as breeding stock to produce alternative livestock:
1. Fallow deer (Dama dama).
2. Reindeer (Rangifer tarandus).
3. Rocky Mountain Elk (Cervus elaphus nelsoni) that have been certified not to be hybrids with other cervid species or subspecies using the most current and scientifically accepted genetic tests available.
Sec. 1.5. NRS 501.181 is hereby amended to read as follows:
501.181 The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
κ1993 Statutes of Nevada, Page 430 (CHAPTER 202, SB 114)κ
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The hunting, fishing or trapping privileges of any person convicted of two violations of the provisions of this Title within a 5-year period.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and passion limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to section 32 of this act.
Sec. 2. NRS 501.379 is hereby amended to read as follows:
501.379 1. Except as otherwise provided in this section:
(a) It is unlawful for any person to sell [,] or expose for sale, to barter, trade or purchase [,] or to attempt to sell, barter, trade or purchase [,] any species of wildlife, or parts thereof, except as otherwise provided in this Title or in a regulation of the commission.
(b) The importation and sale of products made from the meat of game mammals, game birds or game amphibians [or parts thereof] raised in captivity is not prohibited if the importation is from a licensed commercial breeder or commercial processor . [outside of the state.]
2. The provisions of this section do not apply to alternative livestock and products made therefrom.
κ1993 Statutes of Nevada, Page 431 (CHAPTER 202, SB 114)κ
Sec. 3. Chapter 503 of NRS is hereby amended by adding thereto a new section to read as follows:
It is unlawful to hunt any alternative livestock reared on or derived from a farm or other operation that raises alternative livestock.
Sec. 4. NRS 503.590 is hereby amended to read as follows:
503.590 1. [Any natural] Except as otherwise provided in this section, a person may maintain a [private] noncommercial collection of legally obtained live [wild animals, wild birds and reptiles if such] wildlife if:
(a) Such a collection if not maintained for public display nor as a part of or adjunct to any commercial establishment [,] ; and
(b) The wildlife contained in such a collection is of a species which may be possessed in accordance with regulations adopted by the commission pursuant to subsection 2 of NRS 504.295.
2. The commission may adopt reasonable regulations [relating to the handling, care and safeguarding of animals maintained in any zoo or other collection of wild animals.] establishing minimum standards for the fencing or containment of any collection of wildlife.
3. The provisions of this section do not apply to alternative livestock and products made therefrom.
Sec. 5. NRS 503.597 is hereby amended to read as follows:
503.597 1. [It] Except as otherwise provided in this section, it is unlawful, except by the written consent and approval of the department, for any person at anytime to receive, bring or have brought or shipped into [the State of Nevada,] this state, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, or to any other state, any aquatic life, wildlife, spawn, eggs or young of any of them.
2. The department shall require an applicant to conduct an investigation to [determine if] confirm that such an introduction or removal will not be detrimental [.] to the wildlife or the habitat of wildlife in this state. Written consent and approval of the department [shall] must be given only if the results of [such] the investigation prove that [such] the introduction , removal or importation will not be detrimental to existing aquatic life, wildlife, spawn, eggs or young of any of them.
3. The commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.
4. The commission may adopt regulations to prohibit the importation, transportation or possession of any species of wildlife which the commission deems to be detrimental to the wildlife or the habitat of the wildlife in this state.
5. The provisions of this section do not apply to alternative livestock and products made therefrom.
Sec. 6. Chapter 504 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. The provisions of NRS 504.155, 504.165 and 504.175 do not apply to:
1. Alternative livestock; or
2. Game mammals not native to this state, that are held in captivity for purposes other than as required by the department.
κ1993 Statutes of Nevada, Page 432 (CHAPTER 202, SB 114)κ
that are held in captivity for purposes other than as required by the department.
Sec. 8. 1. Any species of wildlife, including alternative livestock, that:
(a) Is released from confinement without the prior written authorization of the department; or
(b) Escapes from the possessors control,
may be captured, seized or destroyed by the department if the department determines that such actions are necessary to protect wildlife and the habitat of wildlife in this state.
2. The owner or possessor of such wildlife:
(a) Shall report its escape immediately after receiving knowledge of the escape; and
(b) Is liable for the costs incurred by the department to capture, maintain and dispose of the wildlife and for any damage caused by the wildlife.
3. The department is not liable for any damage to wildlife, or caused by wildlife, in carrying out the provisions of this section.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 504.295 is hereby amended to read as follows:
504.295 1. [It is unlawful for any person to possess, cultivate or cause the propagation of] Except as otherwise provided in this section and NRS 503.590, or unless otherwise specified by a regulation adopted by the commission, no person may:
(a) Possess any live wildlife unless he is licensed by the department to do so.
(b) Capture live wildlife in this state to stock a commercial or noncommercial wildlife facility.
(c) Possess or release from confinement any mammal for the purposes of hunting.
2. The commission shall adopt regulations for the possession [, cultivation and propagation] of live wildlife. The regulations must set forth the species of wildlife which may be possessed [, cultivated] and propagated, and provide for the inspection by the department of any related facilities.
3. In accordance with the regulations of the commission, the department may issue commercial and noncommercial licenses for the possession [, cultivation and propagation] of live wildlife upon receipt of the applicable fee.
4. The provisions of this section do not apply to alternative livestock and products made therefrom.
Sec. 11. NRS 244.336 is hereby amended to read as follows:
244.336 [1.] As used in [NRS 244.336 to 244.338, inclusive,] this section and NRS 244.337 and 244.338, unless the context otherwise requires:
[(a)] 1. Farmers market means a place of business where the actual producer of farm products can bring the products for direct sale to consumers.
[(b)] The term includes a place of business where a person rents space to producers for the sale of farm products.
2. Farm products has the meaning ascribed to it in [subsection 9 of NRS 576.010.
κ1993 Statutes of Nevada, Page 433 (CHAPTER 202, SB 114)κ
2. A farmers market may be organized by a person, firm association or corporation for the purpose of renting space to the producers of farm products.] section 27 of this act.
Sec. 12. NRS 268.091 is hereby amended to read as follows:
268.091 [1.] As used in this section, NRS 268.092 and 268.093, unless the context otherwise requires:
[(a)] 1. Farmers market means a place of business where the actual producer of farm products can bring the products for direct sale to consumers.
[(b)] The term includes a place of business where a person rents space to producers for the sale of farm products.
2. Farm products has the meaning ascribed to it in [subsection 9 of NRS 576.010.
2. A farmers market may be organized by a person, firm, association or corporation for the purpose of renting space to the producers of farm products.] section 27 of this act.
Sec. 13. NRS 564.010 is hereby amended to read as follows:
564.010 As used in this chapter:
1. Animals means:
(a) All cattle or animals of the bovine species.
(b) All horses mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All sheep and goats.
(e) Alternative livestock as defined in section 1 of this act.
2. Department means the state department of agriculture.
3. Executive director means the executive director of the [state department of agriculture.] department.
Sec. 14. NRS 565.010 is hereby amended to read as follows:
565.010 As used in this chapter, unless the context requires otherwise:
1. Animals means:
(a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month.
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in section 1 of this act.
2. Brand inspection means a careful examination of each animal offered for [such] inspection and an examination of any brands, marks or other characteristics thereon.
3. Department means the state department of agriculture.
4. Executive director means the executive director of the [state department of agriculture.] department.
Sec. 15. NRS 571.015 is hereby amended to read as follows:
571.015 As used in this chapter, unless the context requires otherwise:
1. Department means the state department of agriculture.
2. Importation means the transportation or movement of livestock by any railroad, express company, truckline or other carrier, or by any persons, by vehicle or otherwise, into this state.
3. Livestock means:
(a) All cattle or animals of the bovine species.
κ1993 Statutes of Nevada, Page 434 (CHAPTER 202, SB 114)κ
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All goats or animals of the caprine species.
(e) All poultry or domesticated fowl or birds.
(f) All dogs, cats or other animals domesticated or under the restraint or control of man.
(g) Alternative livestock as defined in section 1 of this act.
4. State quarantine officer means the executive director of the [state department of agriculture.] department.
Sec. 16. NRS 573.010 is hereby amended to read as follows:
573.010 As used in this chapter:
1. Consignor means any person consigning, shipping or delivering livestock to a public livestock auction for sale, resale or exchange.
2. Department means the state department of agriculture.
3. Executive director means the executive director of the [state department of agriculture.] department.
4. Livestock means [cattle,] :
(a) Cattle, sheep, goats, horses, mules, asses, burros, swine or poultry [.] ; and
(b) Alternative livestock as defined in section 1 of this act.
5. Operator of a public livestock auction means any person holding, conducting or carrying on a public livestock auction.
6. Public livestock auction means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis at regular or irregular intervals.
Sec. 17. Chapter 576 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 33, inclusive, of this act.
Sec. 18. Agent means any person who, on behalf of any commission merchant, dealer, broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
Sec. 19. Alternative livestock has the meaning ascribed to it in section 1 of this act.
Sec. 20. Broker means any person other than a dealer, commission merchant or cash buyer, who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.
Sec. 21. Cash buyer means any person other than a commission merchant, dealer or broker, who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for the farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of the farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
Sec. 22. Commission merchant means any person other than a dealer, broker or cash buyer, who receives on consignment or solicits from the producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product or livestock, or who in any way handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
κ1993 Statutes of Nevada, Page 435 (CHAPTER 202, SB 114)κ
producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product or livestock, or who in any way handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
Sec. 23. Consignor means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.
Sec. 24. Dealer means any person other than a commission merchant, broker or cash buyer, who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
Sec. 25. Department means the state department of agriculture.
Sec. 26. Executive director means the executive director of the department.
Sec. 27. Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay. The term does not include timber products or milk and milk products.
Sec. 28. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.
Sec. 29. Immediate resale means a sale of farm products or livestock made within 60 days after the purchase thereof.
Sec. 30. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
Sec. 31. Producer means any person engaged in the business of growing or producing any farm product.
Sec. 32. 1. It is unlawful for any person to import, possess or propagate any alternative livestock unless he first obtains from the state board of agriculture a permit that authorizes him to do so.
2. The state board of agriculture shall adopt regulations for the importation, possession and propagation of alternative livestock. The regulations must set forth requirements for:
(a) Facilities used to confine alternative livestock, including minimum requirements for fencing to prevent the escape of alternative livestock.
(b) The genetic testing of alternative livestock.
(c) Keeping and maintaining records related to the importation, transfer, possession and propagation of alternative livestock.
(d) Identifying and marking alternative livestock.
(e) Marketing alternative livestock.
(f) The filing of any bonds which may be required by the state board of agriculture.
3. In adopting the regulations required by subsection 2, the state board of agriculture shall consult with the department of wildlife and the board of wildlife commissioners concerning the provisions that are necessary to protect wildlife in this state and in the areas designed as areas of special concern by the board of wildlife commissioners pursuant to NRS 501.181.
κ1993 Statutes of Nevada, Page 436 (CHAPTER 202, SB 114)κ
wildlife commissioners concerning the provisions that are necessary to protect wildlife in this state and in the areas designed as areas of special concern by the board of wildlife commissioners pursuant to NRS 501.181.
4. The state board of agriculture shall establish by regulation a schedule of fees required to be paid for a permit issued pursuant to this section. The fees established must not exceed the approximate cost to the board of carrying out the provisions of this section.
Sec. 33. 1. An owner of alternative livestock may request assistance from the state department of agriculture, the department of wildlife and local law enforcement agencies to recapture any alternative livestock that has escaped from confinement.
2. Any alternative livestock that is recaptured may be impounded at a suitable facility until sufficient repairs or improvements are made to the owners facility to ensure that the escape of the alternative livestock does not recur.
3. The owner of the alternative livestock is liable for:
(a) The costs incurred by the state department of agriculture, the department of wildlife and any local law enforcement agency to recapture the alternative livestock;
(b) The costs of impounding the alternative livestock; and
(c) Any damages caused by the alternative livestock during the escape.
Sec. 34. NRS 576.010 is hereby amended to read as follows:
576.010 As used in this chapter , unless the context [clearly requires otherwise:
1. Agent means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
2. Broker means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.
3. Cash buyer means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
4. Commission merchant means any person other than a dealer, or broker, or cash buyer, who receives on consignment or solicits from the producer thereof for the purpose of resale, or who sells or offers for sale on commission any farm product or livestock, or who in any way handles for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
5. Consignor means any person who ships or delivers to any commission merchant or dealer any farm products for handling, sale or resale.
κ1993 Statutes of Nevada, Page 437 (CHAPTER 202, SB 114)κ
6. Dealer means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
7. Department means the state department of agriculture.
8. Executive director means the executive director of the state department of agriculture.
9. Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
10. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.
11. Immediate resale means a sale of farm products or livestock made within 60 days of the purchase thereof.
12. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
13. Producer means any person engaged in the business of growing or producing any farm product.] otherwise requires, the words and terms defined in sections 18 to 31, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 35. NRS 576.030 is hereby amended to read as follows:
576.030 1. Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, [as defined in NRS 576.010,] shall file an application with the department for a license to transact such business. Separate applications [shall] must be filed for each class of business.
2. The application [shall] must be on [forms] a form prescribed and furnished by the department and [shall] must set forth:
(a) The full name of the person applying for [such] the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation [shall] must be given in the application.
(b) The principal business address of the applicant in [the State of Nevada] this state and elsewhere.
(c) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.
(d) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(e) A complete statement of the applicants business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).
(f) [Whether or not] A statement of whether the applicant has ever been arrested for anything other than a traffic violation punishable by a fine of $25 or less [;] and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
κ1993 Statutes of Nevada, Page 438 (CHAPTER 202, SB 114)κ
or less [;] and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(g) [Whether or not] A statement of whether the applicant has ever been a party in a civil suit [;] and, if so, the nature of the suit, whether the [party] applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
(h) The county or counties in which the applicant proposes to engage in business.
(i) The class or classes of farm products the applicant proposes to handle.
(j) Such other information as the department may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2 , [of this section,] the following [requirement shall] requirements apply to the class of applications specified in paragraphs (a) and (b) of this subsection:
(a) Commission merchants. Each application [shall] must include a complete schedule of commissions [, together with] and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, [shall] must be rendered on a strictly cost basis.
(b) Agents. Each application [to be an agent shall] must be in the same form as an application for a license as a broker, dealer or commission merchant, and [shall] must include the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.
4. The application [shall] must be accompanied [with] by an executed instrument whereby the applicant:
(a) Appoints and constitutes the executive director and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection [shall be] is of the same force and validity as if served upon him and that the authority thereof [shall continue] continues in force irrevocably as long as any liability of the applicant in the state [shall remain] remains outstanding.
Sec. 36. NRS 576.120 is hereby amended to read as follows:
576.120 1. The department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant [,] or licensee [,] has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
κ1993 Statutes of Nevada, Page 439 (CHAPTER 202, SB 114)κ
(b) That the applicant [,] or licensee [,] has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of [such] the license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
(f) That the licensee, without reasonable cause, has issued checks for the payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.
(g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.
(h) That the licensee has knowingly employed an agent [, as defined in subsection 1 of NRS 576.010,] without causing [such] the agent to comply with the licensing requirements of this chapter applicable to agents.
(i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.
(j) That the licensee has failed or refused to keep and maintain a bond or other security as required by the provisions of NRS 576.040.
2. The department may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.
3. A license [shall be] is suspended automatically, without action of the department, if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and [shall remain] remains suspended until such bond is renewed.
4. In the case of any hearing held under the provisions of this section, there [shall] must be filed in the office of the department a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
________
κ1993 Statutes of Nevada, Page 440κ
Senate Bill No. 123 — Committee on Natural Resources
CHAPTER 203
AN ACT relating to wildlife; revising the procedures to be followed if an animal that is believed to be diseased and unfit for human consumption is killed; revising the fee for the issuance of a duplicate tag for hunting; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any person who possesses a tag to hunt a big game mammal kills an animal that is believed to be diseased and unfit for human consumption, he shall place his tag on the carcass in the manner provided by law or regulation and provide the whole carcass for inspection by an authorized representative of the department or, at his own expense, by a veterinarian licensed to practice in Nevada. Except as otherwise provided in this subsection, the holder of the tag who provides the carcass for such an inspection is entitled, if the carcass is diseased and unfit for human consumption, to receive at no charge another tag as a replacement for the one he placed on the carcass pursuant to this subsection. The holder shall choose whether the replacement tag is to be issued for the current hunting season or for the next similar season. If the holder chooses to retain the head, antlers, carcass, horns or hide of the animal, and the authorized representative of the department approves the retention, the holder shall be deemed to waive any claim he may have had for the issuance of a replacement tag.
2. The commission shall adopt by regulation:
(a) A procedure for the inspection and verification of the condition of such a carcass;
(b) Requirements for the disposal of such a carcass if it is determined to be diseased and unfit for human consumption;
(c) Requirements for the disposition of the hide and the antlers or horns of the animal; and
(d) A procedure for the issuance of a replacement tag pursuant to this section.
Sec. 2. NRS 502.210 is hereby amended to read as follows:
502.210 A duplicate tag may not be issued except [:] as follows:
1. Upon receiving an affidavit [by the] of an applicant that a tag previously issued has been lost or destroyed and upon payment of a fee [in an amount equal to the fee provided by law for initial issuance of the tag.] of $5, the department shall issue a duplicate tag to the applicant.
2. Upon receiving an affidavit of an applicant that he has not received the tag for which he applied and paid the required fee, the department may, not earlier than 7 days after the date on which the tag was mailed, issue a duplicate tag to the applicant upon payment of a fee of [$1.
3. When any deer hunter kills a deer which he has reason to believe is diseased and unfit for human consumption, he must place his tag on the carcass in the manner provided by law or regulation, but, upon inspection of the carcass by a game warden, the hunter may be authorized by the warden to obtain a duplicate tag without charge if the warden has found by his inspection that the deer killed was diseased and unfit for human consumption.
κ1993 Statutes of Nevada, Page 441 (CHAPTER 203, SB 123)κ
carcass in the manner provided by law or regulation, but, upon inspection of the carcass by a game warden, the hunter may be authorized by the warden to obtain a duplicate tag without charge if the warden has found by his inspection that the deer killed was diseased and unfit for human consumption. The warden shall seize and properly dispose of any such deer, including its hide and antlers.] $5.
The provisions of this section do not affect the issuance of a replacement tag pursuant to section 1 of this act.
Sec. 3. This act becomes effective on July 1, 1993.
________
Senate Bill No. 149 — Senator ODonnell
CHAPTER 204
AN ACT relating to education; requiring the commission on professional standards in education, with the approval of the state board of education, to adopt regulations setting forth the educational requirements needed for teachers to obtain endorsements in fields of specialization; requiring the state board of education to provide to an applicant, upon request, the course of study required to qualify for an endorsement; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the commission:
(a) Shall adopt regulations [prescribing] :
(1) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of such licenses.
(2) Identifying fields of specialization in teaching which require the specialized training of teachers.
(3) Requiring teachers to obtain from the department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.
2. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the commission.
κ1993 Statutes of Nevada, Page 442 (CHAPTER 204, SB 149)κ
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 2. NRS 391.037 is hereby amended to read as follows:
391.037 1. The state board shall [prescribe] :
(a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions.
(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.
2. Every applicant for a license as a teacher or administrator or to perform some other educational function must submit with his application, in the form prescribed by the superintendent of public instruction, proof that he has satisfactorily completed a course of study and training approved by the state board.
________
Senate Bill No. 206 — Committee on Commerce and Labor
CHAPTER 205
AN ACT relating to public utilities; delaying the prospective expiration of the provision requiring public utilities to pay assessments for certain expenses incurred by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 284, Statutes of Nevada 1989, as amended by section 2 of chapter 219, Statutes of Nevada 1991, at page 400, is hereby amended to read as follows:
Sec. 2. The amendatory provisions of section 1 of this act expire by limitation on October 1, [1993.] 1995.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 443κ
Senate Bill No. 228 — Committee on Natural Resources
CHAPTER 206
AN ACT relating to liquefied petroleum gas; making various changes relating to the board for regulation of liquefied petroleum gas; and providing other matters properly relating thereto.
[Approved June 8, 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:
(1) Are or have been engaged in the sale or distribution of liquefied petroleum gas in this state; and
(2) Have a working knowledge or and actual experience in the daily operation of a business classified pursuant to the provisions of subsection 1 of NRS 590.575.
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] Except as otherwise provided by NRS 590.547 and 590.605, 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. NRS 590.495 is hereby amended to read as follows:
590.495 1. The board shall hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the chairman.
κ1993 Statutes of Nevada, Page 444 (CHAPTER 206, SB 228)κ
2. Special meetings may be held at such times and places as may be specified by a call of the chairman or a majority of the board.
3. At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year.
4. [Three] Four members of the board constitute a quorum, and may exercise all the power and authority conferred on the board.
5. If the board conducts a hearing concerning the location of a facility for the storage of liquefied petroleum gas pursuant to NRS 590.547, the board shall:
(a) Notify the governing body and fire protection agency of the town; and
(b) Post a notice in a conspicuous place in the town,
in which the hearing will be held, at least 10 days before the hearing.
6. In addition to any other notice, the board shall post the agenda of each meeting in:
(a) The county seat of each county in this state; and
(b) Each city or town,
in which a project identified on the agenda is located.
Sec. 3. NRS 590.509 is hereby amended to read as follows:
590.509 1. The board shall maintain in such locations as it deems necessary an office open to the public during business hours on weekdays, with a telephone number available 24 hours a day for persons who use liquefied petroleum gas to obtain assistance in an emergency.
2. The office must be supervised by an employee of the board qualified to deal with the complaints of persons who use liquefied petroleum gas and with other matters relating to the business of the board.
3. Persons licensed by the board pursuant to NRS 590.575 in Class 1 and Class 2 or their qualified employees must be made available 24 hours a day to [the board for responding to emergencies] offer assistance upon the request of the board or a fire department or other fire protection agency in whose district any emergency involving liquefied petroleum gas [.] occurs.
Sec. 4. NRS 590.547 is hereby amended to read as follows:
590.547 1. Any hearing held by the board on the proposed location of a facility for the storage of liquefied petroleum gas in a town in which no zoning ordinances or regulations apply must be held in the town in which the proposed facility would be located. The person requesting approval of the facility shall pay to the board any costs incurred by the board in conducting the hearing and inspection of the site of the proposed facility, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
If the board determines that costs associated with the hearing will be substantial, it may require the person requesting approval of the facility to pay a part of the anticipated costs in advance of the hearing.
2. The board shall provide for the physical inspection of the site of the proposed facility for the storage of liquefied petroleum gas before the application is approved or denied by the board.
3. In determining whether to approve the facility for the storage of liquefied petroleum gas, the board shall consider:
κ1993 Statutes of Nevada, Page 445 (CHAPTER 206, SB 228)κ
(a) The health and safety of the residents of the area where the facility would be located.
(b) The availability of water for fighting any fire at the facility or in the surrounding area.
(c) The proximity of schools, residences, commercial establishments and other structures to the site and the risk of injury to persons or damage to property in the event of an emergency at the facility.
Sec. 5. NRS 590.605 is hereby amended to read as follows:
590.605 1. Whenever the board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive, or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, that fact must be reported to the state sealer of weights and measures.
2. The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any he has, why the license should not be revoked or suspended or other disciplinary action should not be taken.
3. The board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board may revoke or suspend the license summarily or take such intermediate action, including the imposition of a fine, as it deems appropriate. In addition to any penalties imposed pursuant to this subsection, the licensee shall pay to the board any costs incurred by the board in conducting the investigation and hearing, including:
(a) Costs to employ an attorney or other consultant; and
(b) Per diem allowances and travel expenses.
Money received by the board from the imposition of fines must be paid to the state treasurer for credit to the state general fund. The board may retain the money paid to reimburse it for the costs of conducting an investigation and hearing.
5. The findings of the board pursuant to this section, the judgment and the order must be reduced to writing and filed in the permanent public records of the board. Copies must be furnished to the licensee and the complaining customer, if any. A licensee is entitled to judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the boards order must be stayed until judicial review is completed.
κ1993 Statutes of Nevada, Page 446 (CHAPTER 206, SB 228)κ
6. In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the board.
Sec. 6. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 340 — Committee on Government Affairs
CHAPTER 207
AN ACT relating to data processing; specifying the procedure to employ or reclassify a person to perform data processing for a single agency or officer; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The director shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.
2. The request of any appointing authority that is required to use the equipment or services of the department of data processing for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the director of the department of data processing for approval before submission to the department of personnel.
________
κ1993 Statutes of Nevada, Page 447κ
Senate Bill No. 425 — Committee on Commerce and Labor
CHAPTER 208
AN ACT relating to the public service commission of Nevada; extending the date upon which the commission must report to the legislature concerning the alternative plan and recommended legislation for regulating public utilities that provide telecommunication services; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 277, Statutes of Nevada 1989, at page 580, is hereby amended to read as follows:
Sec. 3. The public service commission of Nevada shall, on or before:
1. July 1, 1990, adopt the regulations required by the amendatory provisions of section 1 of this act.
2. February 1, 1991, submit a written report to the legislature concerning the alternative plan of regulation required pursuant to the amendatory provisions of section 1 of this act, including the names of the public utilities that provide telecommunication services that have elected to operate under the alternative plan.
3. February 1, [1993,] 1995, and on or before February 1, 1997, submit a written report to the legislature concerning the alternative plan, including any recommendations for legislation.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 348 — Senator McGinness
CHAPTER 209
AN ACT relating to the Carson Lake Pasture; providing for continuity in the administration of grazing leases upon transfer of its management to the department of wildlife; and providing other matters properly relating thereto.
[Approved June 8, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 504.147 is hereby amended to read as follows:
504.147 Except as otherwise provided in a special act pertaining to a particular area:
1. The department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which is assigned to the department for administration.
κ1993 Statutes of Nevada, Page 448 (CHAPTER 209, SB 348)κ
(b) Sell crops or agricultural products of whatever kind produced on such real property.
2. Except as otherwise provided in subsection 3, whenever the department intends to lease grazing or pasturage rights or to sell or offer for sale agricultural products as provided in subsection 1, the department may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
3. The department may enter into such a lease with or make such a sale to a state agency without advertising for bids if the rent agreed to be paid for the lease or the sale price agreed to be paid for any agricultural commodities to be sold is, in the opinion of the department, equal to the amount that would be obtained by advertising for bids.
4. If the department finds that the highest or best bid is less than the amount that should be paid, the department may reject all bids and negotiate with interested persons for such lease or sale, but shall not accept any negotiated price if it is less in amount than the highest bid tendered for the same lease or sale.
5. If the deed to real property assigned to the department for administration contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the department of grazing or pasturage rights to the real property or the sale of agricultural products from it, the department shall comply with the terms of the covenant or provision in the deed.
Sec. 2. The legislature finds that:
1. The area known as Carson Lake Pasture, which is to be transferred to the State of Nevada pursuant to section 206(e) of Public Law 101-618 and managed by the department of wildlife as a component of the Western Hemisphere Shorebird Reserve Network, has been managed since 1926 by the Truckee-Carson Irrigation District under a series of formal and informal arrangements with the Secretary of the Interior and the Commissioner of Reclamation.
2. The district has leased the pasture each year to a number of ranchers whose aggregate number of livestock grazed was selected to preserve the pasture and be compatible with use of the area by wildlife, and has developed a practice of giving preference in leasing to those who have used the grazing area for the preceding 3 years.
3. Ranchers so using the pasture have made valuable improvements for gathering, medicating and watering their livestock in reliance upon the expectation of leasing the pasture in consecutive years.
4. To depart now from this practice would work a hardship upon these ranchers and would not contribute to the management of the area required as described in subsection 1.
5. The history of and future requirements for this area create a unique situation to which a general law cannot be made applicable.
Sec. 3. In recognition of the unique circumstances regarding the Carson Lake Pasture, the department of wildlife shall:
1. Comply with the duty of the state under section 206(e) of Public Law 101-618 and, when compatible with that duty, provide for the grazing of domestic livestock within the pasture.
κ1993 Statutes of Nevada, Page 449 (CHAPTER 209, SB 348)κ
2. Enter into a lease for the use of the pasture with the Truckee-Carson Irrigation District or an association of owners of livestock holding water rights within the area known as the Newlands Project, recognizing the priorities established by respective lessees from the district. The lease must:
(a) Be for successive terms of 5 years.
(b) Specify the number of livestock that may be grazed and include a provision that allows for the adjustment of that number annually, if needed.
(c) Provide for the care and management of livestock and the improvement and maintenance of facilities needed for grazing livestock in such a manner as to carry out the purposes of section 206(e) of Public Law 101-618.
(d) Establish the fee for grazing based on fees charged for pastures of a similar nature and quality and adjust that fee to offset any costs incurred to carry out the provisions of paragraph (c).
Sec. 4. This act becomes effective upon passage and approval or upon the conveyance of Carson Lake Pasture to the State of Nevada, whichever is later.
________
Senate Bill No. 54 — Committee on Government Affairs
CHAPTER 210
AN ACT relating to meetings of public bodies; requiring the permanent retention of minutes of public records; and providing other matters properly relating thereto.
[Approved June 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.035 is hereby amended to read as follows:
241.035 1. Each public body shall keep written minutes of each of its meetings, including:
(a) The date, time and place of the meeting.
(b) Those members of the body who were present and those who were absent.
(c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each members vote on any matter decided by vote.
(d) The substance of remarks made by any member of the general public who addresses the body if he requests that the minutes reflect his remarks or, if he has prepared written remarks, a copy of his prepared remarks if he submits a copy for inclusion.
(e) Any other information which any member of the body requests to be included or reflected in the minutes.
2. Minutes of public meetings are public records. Minutes or audiotape recordings of the meetings must be made available for inspection by the public within 30 working days after the adjournment of the meeting at which taken. The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years.
κ1993 Statutes of Nevada, Page 450 (CHAPTER 210, SB 54)κ
retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to NRS 241.030 become public records when the body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was discussed has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.
3. All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.
4. Each public body may record on audiotape or any other means of sound reproduction each of its meetings, whether public or closed. If a meeting is so recorded:
(a) The record must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded.
(b) The record of a public meeting is a public record and must be made available for inspection by the public during the time the record is retained. Any record made pursuant to this subsection must be made available to the attorney general upon request.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 69 — Committee on Human Resources and Facilities
CHAPTER 211
AN ACT relating to drugs; authorizing the sale of controlled substances, poisons, dangerous drugs and devices to certain persons and agencies that provide emergency care or transportation in order to stock ambulances and other authorized vehicles; and providing other matters properly relating thereto.
[Approved June 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.510 is hereby amended to read as follows:
453.510 1. A practitioner may purchase supplies of controlled substances from a pharmacy by:
(a) Making an oral order to the pharmacy or transmitting an oral order through his agent, except an order for a controlled substance in schedule II; or
(b) Presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration or transmitting such an order through his agent.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer or, in his absence, by the state health officer or his designated medical director of emergency medical services, may sell [the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210] to a person or agency described in subsection 3 supplies of controlled substances to stock [his] the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:
κ1993 Statutes of Nevada, Page 451 (CHAPTER 211, SB 69)κ
holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210] to a person or agency described in subsection 3 supplies of controlled substances to stock [his] the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:
(a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301;
(b) The person in charge of the controlled substances is:
(1) An advanced emergency medical technician appropriately certified by the health authority;
(2) A registered nurse licensed by the state board of nursing; or
(3) A person who holds equivalent certification or licensure issued by another state; and
(c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician [; or
(b) An] or initiated by an oral order [, except an order for a controlled substance in schedule II, is] and may be made by the [holder of the permit or transmitted by his agent,
and the advanced emergency medical technician or the registered nurse who is in charge of the controlled substances is, respectively, appropriately certified by the health division or licensed by the state board of nursing.] person or agency or transmitted by an agent of such a person or agency. An order for a controlled substance listed in schedule II must be made pursuant to NRS 453.251.
3. A hospital pharmacy or a pharmacy qualified pursuant to subsection 2 may sell controlled substances for the purposes described in subsection 2 to:
(a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;
(b) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210; and
(c) An agency of the Federal Government that provides emergency care or transportation and is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301.
4. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 2. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a practitioner 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, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner to his own patients;
(b) A physicians assistant if authorized by the board;
(c) A registered nurse while participating in a public health program approved by the board, or an advanced practitioner of nursing who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;
κ1993 Statutes of Nevada, Page 452 (CHAPTER 211, SB 69)κ
certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to dispense dangerous drugs;
(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so designated by a district health officer or, in his absence, by the state health officer or his designated medical director of emergency medical services, to [the holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210] a person or agency described in subsection 3 of NRS 453.510 to stock ambulances or other authorized vehicles or replenish the stock; or
(f) A pharmacy in a correctional institution to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.
Sec. 3. NRS 454.279 is hereby amended to read as follows:
454.279 1. A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy.
2. A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs may sell to:
(a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210, in accordance with any applicable regulations adopted by the state board of health or a district board of health created pursuant to NRS 439.370;
(b) A nonprofit search and rescue organization that regularly provides emergency care to injured and sick persons, including an organization that patrols ski areas; [and]
(c) A governmental agency, including an agency of the Federal Government, or a person authorized by contract to act on behalf of such an agency, [that] if such a person or agency regularly provides emergency care to injured and sick persons [,] ; and
(d) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210,
supplies of dangerous drugs to stock their ambulances or other authorized vehicles or places of storage, or to replenish the stock, if the person in charge of the dangerous drugs is an intermediate emergency medical technician or advanced emergency medical technician who is appropriately certified by the health division of the department of human resources of a health district created pursuant to NRS 439.370, [or] a registered nurse who is licensed by the state board of nursing [, is in charge of the dangerous drugs.] or a person who holds equivalent certification or licensure issued by another state.
3. A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:
(a) The date of the sale;
(b) The name, address and signature of the purchaser or the person receiving the delivery;
(c) The name of the dispensing pharmacist;
κ1993 Statutes of Nevada, Page 453 (CHAPTER 211, SB 69)κ
(d) The name and address of the authorizing practitioner; and
(e) The name, strength and quantity of each drug sold.
4. A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with the applicable regulations adopted by the state board of health pursuant to NRS 450B.120.
5. The state board of pharmacy shall adopt additional regulations, consistent with the provisions of this chapter, regarding the records a pharmacist shall keep of any purchase made pursuant to this section.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 291 — Committee on Judiciary
CHAPTER 212
AN ACT relating to victims of crime; extending the period of limitation on certain actions by a victim of a felony; repealing the statutory requirement that a portion of money and property gained by an offender from certain sources based on his notoriety be paid into the fund for the compensation of victims of crime; and providing other matters properly relating thereto.
[Approved June 10, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A victim may commence any action specified in NRS 11.190, 11.215 or 207.470 which arises from the commission of a felony, against the person who committed the felony within 5 years after the time the person who committed the felony becomes legally entitled to receive proceeds for any contribution to any material that is based upon or substantially related to the felony which was perpetrated against the victim.
2. If the limitation period established in NRS 11.190, 11.215 or 207.520 has otherwise expired, the liability of the person committing the felony to a victim imposed under this section must be limited to the value of the proceeds received by the person who committed the felony for any contribution to material that is based upon or substantially related to the felony which was perpetrated against the victim.
3. For purposes of this section:
(a) Material means a book, magazine or newspaper article, movie, film, videotape, sound recording, interview or appearance on a television or radio station and live presentations of any kind.
(b) Proceeds includes money, royalties, real property and any other consideration.
(c) Victim means any person:
(1) Against whom a crime has been committed;
κ1993 Statutes of Nevada, Page 454 (CHAPTER 212, SB 291)κ
(2) Who has been injured or killed as a direct result of the commission of a crime; or
(3) Who is the surviving spouse, a parent or a child of such a person.
Sec. 2. NRS 207.520 is hereby amended to read as follows:
207.520 A criminal action or proceeding under NRS 205.322 or 207.400 may be commenced at any time within 5 years after the conduct in violation of the section occurs. [A] Except as otherwise provided in section 1 of this act, a civil action or proceeding under NRS 207.470 may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later. If a criminal prosecution or civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of NRS 205.322 or 207.400, the running of the period of limitations prescribed by this section with respect to any cause of action arising under NRS 207.470, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.
Sec. 3. NRS 11.190 is hereby amended to read as follows:
11.190 [Actions] Except as otherwise provided in section 1 of this act, actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constitution the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
κ1993 Statutes of Nevada, Page 455 (CHAPTER 212, SB 291)κ
(d) Except as otherwise provided in NRS 112.230, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.545 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constitution the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 4. NRS 11.215 is hereby amended to read as follows:
11.215 1. [An] Except as otherwise provided in section 1 of this act, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 3 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
whichever occurs later.
2. As used in this section, sexual abuse has the meaning ascribed to it in NRS 432B.100.
κ1993 Statutes of Nevada, Page 456 (CHAPTER 212, SB 291)κ
Sec. 5. Section 1 of Assembly Bill No. 68 of this session is hereby amended to read as follows:
Section 1. NRS 11.215 is hereby amended to read as follows:
11.215 1. Except as otherwise provided in section 1 of [this act,] Senate Bill No. 291 of this session, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within [3] 10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
whichever occurs later.
2. As used in this section, sexual abuse has the meaning ascribed to it in NRS 432B.100.
Sec. 6. NRS 217.265 is hereby repealed.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 67 — Committee on Human Resources and Facilities
CHAPTER 213
AN ACT relating to public schools; changing the grades during which examinations for achievement and proficiency must be given; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
The examinations must be administered before the completion of grades [3, 6, 9 and 12.] 4, 8 and 11.
2. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
3. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade [3, 6 or 9,] 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the [high school] proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the [high school] proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
κ1993 Statutes of Nevada, Page 457 (CHAPTER 213, SB 67)κ
be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
4. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officers duties.
Sec. 2. NRS 389.017 is hereby amended to read as follows:
389.017 The state board of education shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the [3rd, 6th, 9th] 4th, 8th and 11th grades of public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
Sec. 3. This act becomes effective on July 1, 1993.
________
Senate Bill No. 12 — Committee on Judiciary
CHAPTER 214
AN ACT relating to the prosecution of crimes; allocating the cost of prosecuting persons acting in concert with prisoners in the same way as costs of prosecution are allocated for prisoners; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 212.070 is hereby amended to read as follows:
212.070 1. The expenses and costs of prosecuting any person for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, or any person acting in concert with such a prisoner, whether as a principal or accessory, are a charge against the state and must be paid from the reserve for statutory contingency account upon approval by the state board of examiners.
2. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, a jail, branch county jail or other local detention facility or attempting so to do, or for the commission of any crime while a prisoner therein, or any person acting in concert with such a prisoner, whether as a principal or accessory, are a charge against the county, city or other local government responsible for the operation of that facility.
κ1993 Statutes of Nevada, Page 458 (CHAPTER 214, SB 12)κ
whether as a principal or accessory, are a charge against the county, city or other local government responsible for the operation of that facility.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 527 — Committee on Education
CHAPTER 215
AN ACT relating to public instruction; authorizing school districts to establish alternative programs for the education of pupils at risk of dropping out of high school; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of a school district may, subject to the approval of the state board, operate an alternative program for the education of pupils at risk of dropping out of high school, including pupils who:
(a) Because of extenuating circumstances, such as their being pregnant, parents, chronically ill or self-supporting, are not able to attend the classes of instruction regularly provided in high school;
(b) Are deficient in the amount of academic credit necessary to graduate with pupils their same age;
(c) Are chronically absent from high school; or
(d) Require instruction on a more personal basis than that regularly provided in high school.
2. An alternative program may include:
(a) A shorter school day, and an opportunity for pupils to attend a longer school day, than that regularly provided in high school.
(b) An opportunity for pupils to attend classes of instruction during any part of the calendar year.
(c) A comprehensive curriculum that includes elective classes of instruction and occupational education.
(d) An opportunity for pupils to obtain academic credit through experience gained at work or while engaged in other activities.
(e) An opportunity for pupils to satisfy either:
(1) The requirements for a regular high school diploma; or
(2) The requirements for a high school diploma for adults.
(f) The provision of child care for the children of pupils.
(g) The transportation of pupils to and from classes of instruction.
κ1993 Statutes of Nevada, Page 459 (CHAPTER 215, AB 527)κ
(h) The temporary placement of pupils for independent study, if there are extenuating circumstances which prevent those pupils from attending the alternative program on a daily basis.
Sec. 2. This act becomes effective on July 1, 1993.
________
Senate Bill No. 78 — Committee on Human Resources and Facilities
CHAPTER 216
AN ACT relating to adoption; prohibiting attorneys from receiving compensation for finding children or parents for adoption; reducing the penalty for certain unlawful acts related to the placement of a child in a home in preparation for adoption; granting immunity for the publication or broadcast of certain unlawful advertisements related to the placement of children for adoption; providing a penalty; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 127.285 is hereby amended to read as follows:
127.285 1. Any attorney licensed to practice in this state [may perform any legal services in adoption proceedings, if he does not:
(a) Take part in finding parents or children; or
(b) Otherwise participate in the adoption proceedings.
2. Such attorney may receive compensation for his legal services.] or in any other state:
(a) May not receive compensation for:
(1) Taking part in finding children for adoption; or
(2) Finding parents to adopt children.
(b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.
2. The welfare division of the department of human resources shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 2. 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:
(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
(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 460 (CHAPTER 216, SB 78)κ
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,
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] Senate Bill No. 80 of this section, is guilty of a [gross] misdemeanor.
3. A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.
Sec. 3. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1993.
________
Senate Bill No. 392 — Committee on Judiciary
CHAPTER 217
AN ACT relating to juvenile services; changing the name of the probation department and the name of the probation committee in certain counties; expanding the authority of the committee responsible for certain juvenile services in those counties; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The judge or judges of the court in each district which includes a county whose population is 100,000 or more but less than 400,000 shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the committee for juvenile services. The judge or judges shall fill all vacancies occurring in the committee for juvenile services within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee for juvenile services. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. All appointments must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the committee for juvenile services shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the committee for juvenile services may be removed for cause at any time by the judge or judges. Any member who is absent from three consecutive meetings of the committee for juvenile services without the permission of the chairman forfeits his office and the vacancy must be filled as provided in this subsection.
κ1993 Statutes of Nevada, Page 461 (CHAPTER 217, SB 392)κ
consecutive meetings of the committee for juvenile services without the permission of the chairman forfeits his office and the vacancy must be filled as provided in this subsection.
2. The duties of the committee for juvenile services are the following:
(a) The paramount duty of the committee for juvenile services is to advise the court, at its request.
(b) The committee shall advise, with the director of juvenile services and probation officer, on matters having to do with the control and management of the department of juvenile services, including the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.
(c) Upon the request of the director of juvenile services, the committee for juvenile services shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations, except state institutions or agencies, applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary and shall report its findings, conclusions and recommendations to the director of juvenile services.
(d) The committee for juvenile services shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The report must be submitted to the court and filed as a public document with the clerk of the court.
(e) The director of juvenile services shall, with the advice of the committee for juvenile services, set up policies and procedures and establish standards for the proper performance of duties and responsibilities of probation officers and all employees of the department of juvenile services, including the employees of the detention home or other commitment facilities administered or financed by the county.
(f) The committee for juvenile services shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the department of juvenile services, including the operation and management of the detention home or other commitment facilities administered or financed by the county.
(g) The committee for juvenile services shall act as a hearing board pursuant to the provisions of subsection 2 of section 4 of this act.
Sec. 3. 1. In a judicial district which includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services shall, with the advice and recommendation of the committee for juvenile services, appoint one or more probation officers and such other employees as may be required to carry on the work of the department of juvenile services, including probation services and operation of the detention home and other commitment facilities administered or financed by the county. If more than one probation officer is appointed, one of them must be designated as chief probation officer. All probation officers and detention personnel must be appointed from lists of eligible persons established through competitive examinations.
κ1993 Statutes of Nevada, Page 462 (CHAPTER 217, SB 392)κ
2. Probation officers and employees are subject to dismissal or reduction in position by the director of juvenile services. Probation officers and employees may be reduced in position irrespective of their length of service only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with less than 12 months service may be dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with 12 months or more of service may be dismissed only for cause and are entitled to the hearing and appeal procedure contained in section 4 of this act.
3. Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers must be allocated between the counties by the director of juvenile services.
4. The salaries of the probation officers, personnel of the detention home and other employees of the department of juvenile services must be fixed by the director of juvenile services with the advice of the committee for juvenile services, approval of the judge of the juvenile court and consent of the board or boards of county commissioners.
Sec. 4. In each judicial district which includes a county whose population is 100,000 or more but less than 400,000, any probation officer or employee of the department of juvenile services, including an employee of any detention home or other commitment facility administered or financed by the county, appointed under the provisions of section 3 of this act, who has been employed in that capacity for 12 months or more and is dismissed from that employment may:
1. Within 15 days after his dismissal, request a written statement from the director of juvenile services specifically setting forth the reasons for the dismissal. Within 15 days after the date of the request he must be furnished that written statement.
2. Within 30 days after receipt of the written statement, request, in writing, a public hearing before the committee for juvenile services. The committee for juvenile services shall adopt rules for the conduct of the hearings.
3. Appeal the decision of the committee for juvenile services to the board or boards of county commissioners.
Sec. 5. 1. In each judicial district which includes a county whose population is 100,000 or more but less than 400,000, the probation officer under the general supervision of the director of juvenile services and with the advice of the committee for juvenile services shall organize, direct and develop the administrative work of the department of juvenile services and the detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services directs. All information obtained in the discharge of an official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless otherwise permitted by the director of juvenile services.
κ1993 Statutes of Nevada, Page 463 (CHAPTER 217, SB 392)κ
2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
Sec. 6. 1. In each judicial district which includes a county whose population is 100,000 or more but less than 400,000, a director of juvenile services of the department of juvenile services must be appointed by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the committee for juvenile services.
2. The director of juvenile services is directly responsible to the family court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:
(a) The welfare division of the department of human resources;
(b) The public schools of the judicial district;
(c) All law enforcement agencies of the judicial district;
(d) The committee for juvenile services of the judicial district;
(e) The department of juvenile services of the judicial district; and
(f) The detention home or facilities of the judicial district.
The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.
3. The director shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.
4. The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.
5. The director is entitled to such staff of employees to assist in the performance of his duties as is advised by the committee for juvenile services, approved by the judge or judges of the family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
6. The salary of the director must be fixed by the judge or judges of the family division, with the advice of the committee for juvenile services and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
7. As used in this section, matter otherwise within the jurisdiction of the juvenile court means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.
Sec. 7. NRS 62.105 is hereby amended to read as follows:
62.105 1. The judge or judges of the court in each district which includes a county whose population is [100,000] 400,000 or more shall, by an order entered in the minutes of the court, appoint not less than five nor more than seven representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy.
κ1993 Statutes of Nevada, Page 464 (CHAPTER 217, SB 392)κ
as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years. Thereafter, all appointments must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges. Any member who is absent from three consecutive meetings of the committee without the permission of the chairman forfeits his office and the vacancy must be filled as provided in this subsection.
2. The duties of the probation committee are the following:
(a) The paramount duty of the probation committee is to advice the court, at its request.
(b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children established by boards of county commissioners.
(c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all natural persons, societies, associations, organizations, agencies and corporations , [(] except state institutions or agencies , [)] applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and shall report its findings, conclusions and recommendations to the director of juvenile services.
(d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports must be submitted to the court and filed as public documents with the clerk of the court.
(e) The director shall, with the advice of the probation committee, set up policies and procedures [,] and establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county.
(f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county.
(g) The probation committee shall act as a hearing board pursuant to the provisions of subsection 2 of NRS 62.117.
κ1993 Statutes of Nevada, Page 465 (CHAPTER 217, SB 392)κ
Sec. 8. NRS 62.115 is hereby amended to read as follows:
62.115 1. [The] In a judicial district which includes a county whose population is 400,000 or more, the director of juvenile services shall, with the advice and recommendation of the probation committee, appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department, the detention home and other commitment facilities administered or financed by the county. If more than one probation officer is appointed, one of them must be designated as chief probation officer. All probation officers and detention personnel must be appointed from lists of eligible persons established through competitive examinations.
2. Probation officers and employees are subject to dismissal or reduction in position by the director of juvenile services. Probation officers and employees may be reduced in position irrespective of their length of service only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with less than 12 months service may be dismissed only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto. Probation officers and employees with 12 months or more of service may be dismissed only for cause and are entitled to the hearing and appeal procedure contained in NRS 62.117.
3. Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers must be allocated between the counties by the director of juvenile services.
4. The salaries of the probation officers, personnel of the detention home and other employees must be fixed by the director of juvenile services with the advice of the probation committee, approval of the judge of the juvenile court and consent of the board or boards of county commissioners.
Sec. 9. NRS 62.117 is hereby amended to read as follows:
62.117 In each judicial district which includes a county whose population is [100,000] 400,000 or more , any probation officer or employee of the probation department, any detention home or other commitment facility administered or financed by the county, appointed under the provisions of NRS 62.115, who has been employed in that capacity for 12 months or more and is dismissed from that employment may:
1. Within 15 days after his dismissal, request a written statement from the director of juvenile services specifically setting forth the reasons for the dismissal. Within 15 days after the date of the request he must be furnished that written statement.
2. Within 30 days after receipt of the written statement, request, in writing, a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of the hearings.
3. Appeal the decision of the probation committee to the board or boards of county commissioners.
κ1993 Statutes of Nevada, Page 466 (CHAPTER 217, SB 392)κ
Sec. 10. NRS 62.122 is hereby amended to read as follows:
62.122 1. [The] In each judicial district which includes a county whose population is 400,000 or more, the probation officer under the general supervision of the director of juvenile services and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and the detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services directs. All information obtained in discharge of official duty by an officer or other employee of the court is privileged and must not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless otherwise permitted by the director of juvenile services.
2. Probation officers and assistant probation officers who are required to be certified by NRS 481.054 have the same powers as peace officers when performing duties pursuant to this chapter, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
Sec. 11. NRS 62.123 is hereby amended to read as follows:
62.123 1. In each judicial district which includes a county whose population is [100,000] 400,000 or more, there must be appointed a director of juvenile services. The appointment must be made by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the justice court. The appointment must be made from a list of candidates recommended by the probation committee.
2. The director of juvenile services is directly responsible to the family court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:
(a) The welfare division of the department of human resources;
(b) The public schools of the judicial district;
(c) All law enforcement agencies of the judicial district;
(d) The probation committee; and
(e) The detention home or facilities of the judicial district.
The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.
3. The director shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.
4. The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.
5. The director is entitle to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge or judges of the family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.
κ1993 Statutes of Nevada, Page 467 (CHAPTER 217, SB 392)κ
6. The salary of the director must be fixed by the judge or judges of the family division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.
7. As used in this section, matter otherwise within the jurisdiction of the juvenile court means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.
Sec. 12 NRS 432B.390 is hereby amended to read as follows:
432B.390 1. An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services or a designee of an agency which provides protective services may place a child in protective custody without the consent of the person responsible for the childs welfare if he has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect. An agency which provides protective services shall request the assistance of a law enforcement agency in the removal of the child if it has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.
2. Before taking a child for placement in protective custody, the person taking the child shall show his identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies him as a person authorized pursuant to subsection 1 to place a child in protective custody.
3. A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed in a hospital, if the child needs hospitalization, or in a shelter, which may include a foster home or other home or facility which provides care for those children, but the child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.
4. A person placing a child in protective custody shall:
(a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;
(b) Immediately make a reasonable effort to inform the person responsible for the childs welfare that the child has been placed in protective custody;
(c) Give preference in placement of the child to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state; and
(d) As soon as practicable, inform the agency which provides protective services and the appropriate law enforcement agency.
5. If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.
κ1993 Statutes of Nevada, Page 468 (CHAPTER 217, SB 392)κ
Sec. 13. NRS 432B.550 is hereby amended to read as follows:
432B.550 1. If the court finds that the child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:
(a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;
(b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;
(c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department , the local department of juvenile services or a private agency or institution licensed by the department of human resources to care for such a child; or
(d) Commit him to the custody of the superintendent of the northern Nevada childrens home or the superintendent of the southern Nevada childrens home, in accordance with chapter 423 of NRS.
2. If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the childs religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.
3. If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the courts attention.
4. A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.
5. In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of his parents or guardian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state. If a child is placed with any person who resides outside this state, the placement must be in accordance with NRS 127.330.
Sec. 14. Each person who, on October 1, 1993, is serving a term on a probation committee pursuant to an appointment under NRS 62.105 in a county whose population is 100,000 or more but less than 400,000, shall serve the remainder of his term as a member of the committee for juvenile services created pursuant to section 2 of this act.
________
κ1993 Statutes of Nevada, Page 469κ
Assembly Bill No. 376 — Committee on Government Affairs
CHAPTER 218
AN ACT relating to public employment; making certain changes to statutory provisions governing the employment of persons with disabilities by the state, a county or a city; prohibiting expressly discrimination against certain persons on the basis of sex, age or disability; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.012 is hereby amended to read as follows:
284.012 Subject to other applicable provisions of this chapter, it is the policy of this state that [the visually and physically handicapped shall be employed in the service of the state, in the service of] persons with disabilities must be afforded equal opportunities in employment by the state, by its political subdivisions [,] and in all other employment supported in whole or in part by the state . [on the same terms and conditions as the able-bodied, if it is not shown that the particular disability prevents the proper performance of the work involved.]
Sec. 2. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Commission means the personnel commission.
2. Department means the department of personnel.
3. Director means the director of the department.
4. [Handicap includes] Disability, includes, but is not limited to, physical disability, mental retardation and mental or emotional disorder.
5. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 3. NRS 284.150 is hereby amended to read as follows:
284.150 1. The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
2. Appointments in the classified service must be made according to merit and fitness from eligible lists prepared upon the basis of examination, which must be open and competitive, except as otherwise provided in this chapter.
3. Except as otherwise provided in NRS 193.105 and 416.070, [no person may] a person must not be appointed, transferred, promoted, demoted or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.
κ1993 Statutes of Nevada, Page 470 (CHAPTER 218, AB 376)κ
any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.
4. [No person may] A person must not be discriminated against on account of his religious opinions or affiliations [or race.] , race, sex, age or disability.
Sec. 4. NRS 284.215 is hereby amended to read as follows:
284.215 [Persons under such handicap as not to make them ineligible by reason thereof shall] A person with a disability must be examined in [such manner as will fairly test their] a manner that fairly tests his ability to perform the duties of the position, notwithstanding [such handicap.] his disability.
Sec. 5. NRS 284.240 is hereby amended to read as follows:
284.240 The director may refuse to examine an applicant or, after examination, may refuse to certify an eligible person who comes under any of the following categories:
1. Lacks any of the preliminary requirements established for the examination for the position or employment for which he applies.
2. [Is physically so disabled as to be rendered unfit for the proper performance of the duties of the position to which he seeks appointment.
3.] Is addicted to the use of habit-forming drugs.
[4.] 3. Is an habitual user of intoxicating liquors to excess.
[5.] 4. Has been guilty of any crime involving moral turpitude or of infamous or notoriously disgraceful conduct.
[6.] 5. Has been dismissed from the public service for delinquency or misconduct.
[7.] 6. Has made a false statement of any material fact.
[8.] 7. Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of, or in connection with, his examination, appointment or proposed appointment.
[9.] 8. Has practiced, or attempted to practice, any deception or fraud in his application, in his certificate, in his examination, or in securing his eligibility or appointment.
Sec. 6. NRS 284.317 is hereby amended to read as follows:
284.317 In order to further the efforts of the State of Nevada toward alleviating the problems of [the handicapped,] persons with disabilities, full consideration [shall] must be given [for] to the employment of [such persons in positions where they meet] a person with a disability for a position if he is capable of meeting the necessary performance requirements [or in positions where performance requirements can be modified to take advantage of their abilities without detriment to the state service.] with or without reasonable accommodations.
Sec. 7. NRS 284.327 is hereby amended to read as follows:
284.327 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of human resources, appointing authorities are encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. [Certified handicapped persons] A person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible .
κ1993 Statutes of Nevada, Page 471 (CHAPTER 218, AB 376)κ
for which he is eligible . [lists. All such handicapped persons] Each such person must possess the training and experience necessary for the [positions] position for which [they are] he is certified. The rehabilitation division must be notified of an appointing authoritys request for [an eligible] a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
2. The director shall adopt regulations to carry out the provisions of subsection 1.
3. This section does not deter or prevent appointing authorities from employing:
(a) [Physically handicapped persons when] A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped persons] A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if [the persons qualify] he qualifies for permanent employment before the termination of [their] his temporary limited [appointments.] appointment.
4. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employees probationary period.
Sec. 8. NRS 284.379 is hereby amended to read as follows:
284.379 In the employment and utilization of [the handicapped] a person with a disability in the state service, continued efforts [shall] must be made to retain [employees with remediable mental or emotional disorders.] the person by making reasonable accommodations that enable him to meet the necessary performance requirements and to enjoy the benefits and privileges of his position. Separation or disability retirement is in order only after it becomes apparent that [the] a condition does not respond to treatment . [and that extended absence from work will be required.]
Sec. 9. NRS 245.185 is hereby amended to read as follows:
245.185 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of human resources, the board of county commissioners of each county is encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A [handicapped] person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such [handicapped] person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The board of county commissioners shall adopt regulations to carry out the provisions of this section.
κ1993 Statutes of Nevada, Page 472 (CHAPTER 218, AB 376)κ
4. This section does not prevent a county from employing [a person who is:
(a) Physically handicapped] :
(a) A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped and] A person with a disability who is employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
Sec. 10. NRS 268.4065 is hereby amended to read as follows:
268.4065 1. To assist [handicapped] persons with disabilities certified by the rehabilitation division of the department of human resources, the governing body of each city is encouraged and authorized to make temporary limited appointments of certified [handicapped] persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A [handicapped] person with a disability who is certified by the rehabilitation division must be placed on the appropriate list for which he is eligible.
2. Each such [handicapped] person must possess the training and experience necessary for the position for which he is certified. The rehabilitation division must be notified of the request of the governing body of a city for a list of eligibility on which the names of one or more certified [handicapped] persons with disabilities appear. A temporary limited appointment of a certified [handicapped] person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.
3. The governing body of the city shall adopt regulations to carry out the provisions of this section.
4. This section does not prevent a city from employing [a person who is:
(a) Physically handicapped] :
(a) A person with a disability if he is available and eligible for permanent employment.
(b) [Handicapped and] A person with a disability who is employed pursuant to the provisions of this section in permanent employment if he qualifies for permanent employment before the termination of his temporary limited appointment.
5. If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employees probationary period.
________
κ1993 Statutes of Nevada, Page 473κ
Assembly Bill No. 555 — Committee on Government Affairs
CHAPTER 219
AN ACT relating to the public employees retirement system; providing for the payment of an allowance or benefit from the system to an alternate payee pursuant to a domestic relations order; changing the period for which a person who is assigned to an intermittent or temporary position is not eligible to become a member of the system; making various changes relating to the payment of contributions to the system by employees and employers; revising the provision governing the use of banking and trust services by the public employees retirement board; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may submit a judgment, decree or order of a district court or the supreme court of the State of Nevada relating to child support, alimony or the disposition of community property to the executive officer or his designee for a determination of whether the judgment, decree or order entitles an alternate payee to receive from the system all or a portion of the allowance or benefit of a member or a retired employee.
2. The judgment, decree or order submitted to the executive officer must be signed by a district judge or by the justices of the supreme court and entered and certified by the clerk of the district court or the clerk of the supreme court.
3. The executive officer or his designee shall, in accordance with rules prescribed by the board, determine whether the judgment, decree or order entitles the alternate payee to receive an allowance or benefit from the system. An alternate payee is entitled to receive an allowance or benefit from the system if the judgment, decree or order:
(a) Specifies clearly the names, social security numbers and last known mailing addresses, if any, of the member or retired employee and the alternate payee;
(b) Specifies clearly the amount, percentage or manner of determining the amount of the allowance or benefit of the member or retired employee that must be paid by the system to each alternate payee;
(c) Specifically directs the system to pay an allowance or benefit to the alternate payee;
(d) Does not require the system to pay an allowance or benefit or any option not otherwise provided under this chapter; and
(e) Does not require the payment of an allowance or benefit to an alternate payee before the retirement of a member or the distribution to or withdrawal of contributions by a member.
4. For purposes of this subsection, alternate payee means a spouse, former spouse, child or other dependent of a member or retired employee who, pursuant to a judgment, decree or order relating to child support, alimony or the disposition of community property, is entitled to receive all or a portion of the allowance or benefit of a member or retired member from the system.
κ1993 Statutes of Nevada, Page 474 (CHAPTER 219, AB 555)κ
a portion of the allowance or benefit of a member or retired member from the system.
Sec. 2. NRS 286.110 is hereby amended to read as follows:
286.110 1. [An actuarially funded] A system of retirement providing benefits for the retirement, disability or death of employees of public employers and funded on an actuarial reserve basis is hereby established and [shall] must be known as the public employees retirement system. The system is a public agency supported by administrative fees transferred from the retirement funds. The executive and legislative departments of the state government shall regularly review the system.
2. The system is entitled to use any services provided to state agencies [,] and shall use the services of the purchasing division of the department of general services, but is not required to use any other service. The purpose of this subsection is to provide to the board the necessary autonomy for an efficient and economic administration of the system and its program.
3. The official correspondence and records, other than the files of individual members or retired employees, and the minutes and books of the system are public records and are available for public inspection.
4. The respective participating public employers are not liable for any obligation of the system.
Sec. 3. NRS 286.297 is hereby amended to read as follows:
286.297 The following persons are not eligible to become members of the system:
1. Inmates of state institutions even though they may be receiving compensation for services performed for the institution.
2. Independent contractors or persons rendering professional services on a fee, retainer or contract basis.
3. Except as otherwise provided in NRS 286.525, persons retired under the provisions of this chapter who are employed by a participating public employer.
4. Members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is not compensated except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission does not constitute compensation for the purpose of this subsection.
5. Substitute teachers and students who are employed by the institution which they attend.
6. District judges and justices of the supreme court first elected or appointed on or after July 1, 1977, who are not enrolled in the system at the time of election or appointment.
7. Members of the professional staff of the University of Nevada System who are employed on or after July 1, 1977.
8. Persons employed on or after July 1, 1979, under the Comprehensive Employment and Training Act.
9. Except as otherwise provided in NRS 286.293, persons assigned to intermittent or temporary positions unless the assignment exceeds [120 consecutive days in any fiscal or calendar year.] 6 consecutive months.
κ1993 Statutes of Nevada, Page 475 (CHAPTER 219, AB 555)κ
10. Persons employed on or after July 1, 1981, as part-time guards at school crossings.
11. Nurses who:
(a) Are not full-time employees;
(b) Are paid an hourly wage on a daily basis;
(c) Do not receive the employee benefits received by other employees of the same employer; and
(d) Do not work a regular schedule or are requested to work for a shift at a time.
Sec. 4. NRS 286.410 is hereby amended to read as follows:
286.410 1. [The employee contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members, plus in each case one-half of any increase required by NRS 286.465.
2.] The employee contribution rate must be:
(a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firemen and for regular members, depending upon the retirement fund in which the member is participating.
(b) Adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.
2. The employees portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if the existing rate is within one-quarter of 1 percent of the actuarially determined rate.
3. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board. The contributions must be paid on compensation earned by a member from his first day of service.
[3.] 4. Any employee whose position is determined after July 1, 1971, to be eligible under the early retirement provisions for police officers and firemen shall contribute the additional contributions required of police officers and firemen from July 1, 1971, to the date of his enrollment under the police and firemens retirement fund, if employment in this position occurred before July 1, 1971, or from date of employment in this position to the date of his enrollment under the police and firemens retirement fund, if employment occurs later.
[4.] 5. Except as otherwise provided in NRS 286.430, the system shall guarantee to each member the return of at least the total employee contributions which the member has made and which were credited to his individual account. These contributions may be returned to the member, his estate or beneficiary or a combination thereof in monthly benefits, a lump sum refund or both.
[5.] 6. Disabled members who are injured on the job and receive industrial insurance benefits for temporary total disability remain contributing members of the system for the duration of the benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation.
κ1993 Statutes of Nevada, Page 476 (CHAPTER 219, AB 555)κ
members of the system for the duration of the benefits if and while the public employer continues to pay the difference between these benefits and his regular compensation. The public employer shall pay the employer contributions on these benefits.
Sec. 5. NRS 286.421 is hereby amended to read as follows:
286.421 1. [Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:
(a) The employee is hired after July 1, 1985; or
(b) The employee has 10 or more years of accredited contributing service.
The employer shall begin paying an employees portion of contribution on the date the employee attains 10 years of accredited contributing service, if this occurs after July 1, 1985.
2.] A public employer that elected to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, shall continue to do so, but a public employer may not elect to pay those contributions on behalf of its employees on or after July 1, 1983.
2. An employee of a public employer that did not elect to pay on behalf of its employees the contributions required by subsection 1 of NRS 286.410 before July 1, 1983, may elect to:
(a) Pay the contribution required by subsection 1 of NRS 286.410 on his own behalf; or
(b) Have his portion of the contribution paid by his employer pursuant to the provisions of NRS 286.425.
3. Except for any person chosen by election or appointment to serve in an elective office of a political subdivision or as a district judge of this state:
(a) Payment of the employees portion of the contributions pursuant to subsection 1 must be:
(1) Made in lieu of equivalent basic salary increases or cost-of-living increases, or both; or
(2) Counterbalanced by equivalent reductions in employees salaries.
(b) The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of any officer or judge described in this subsection, any contribution made by the public employer on his behalf does not affect his compensation but is an added special payment.
[3.] 4. Employee contributions made by a public employer must be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
[4.] 5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.
κ1993 Statutes of Nevada, Page 477 (CHAPTER 219, AB 555)κ
[5.] 6. If an employer is paying the basic contribution on behalf of an employee the total contribution rate , [is,] in lieu of the amounts [specified in] required by subsection 1 of NRS 286.410 and NRS 286.450 [:
(a) For all employees except police officers and firemen, 15 percent of compensation; and
(b) For police officers and firemen, 18 percent of compensation,
plus in each case any increase required by NRS 286.465. A public employer which is paying the basic contribution on behalf of its employees shall, to the extent that the respective percentage rates of the contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of the increase as provided in subsection 2.
6.] , must be:
(a) The total contribution rate for employers that is actuarially determined for police officers and firemen and for regular members, depending upon the retirement fund in which the member is participating.
(b) Adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.
7. The total contribution rate for employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 6 if the existing rate is within one-half of 1 percent of the actuarially determined rate.
8. For the purposes of adjusting salary increases and cost-of-living increases or of salary reduction, the total contribution must be equally divided between employer and employee.
[7.] 9. Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981 . [, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:
(a) Members of the Nevada highway patrol; and
(b) Firemen in the division of forestry of the state department of conservation and natural resources,
who contribute to the police and firemens retirement fund.]
Sec. 6. NRS 286.450 is hereby amended to read as follows:
286.450 [The employer contribution rate is 9 percent of compensation for police officers and firemen and 8 percent of compensation for all other members, plus in each case one-half of any increase required by NRS 286.465.]
1. The employer contribution rate must be:
(a) The matching contribution rate for employees and employers that is actuarially determined for police officers and firemen and for regular members, depending upon the retirement fund in which the member is participating.
(b) Adjusted on the first monthly retirement reporting period commencing on or after July 1 of each odd-numbered year based on the actuarially determined contribution rate indicated in the biennial actuarial valuation and report of the immediately preceding year.
κ1993 Statutes of Nevada, Page 478 (CHAPTER 219, AB 555)κ
report of the immediately preceding year. The adjusted rate must be rounded to the nearest one-quarter of 1 percent.
2. The employers portion of the matching contribution rate for employees and employers must not be adjusted in accordance with the provisions of paragraph (b) of subsection 1 if the existing rate is within one-quarter of 1 percent of the actuarially determined rate.
Sec. 7. NRS 286.670 is hereby amended to read as follows:
286.670 1. Except as otherwise provided in NRS 31A.150 and section 1 of this act, and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, is:
(a) Exempt from all state, county and municipal taxes.
(b) Not subject to execution, garnishment, attachment or any other process.
(c) Not subject to the operation of any bankruptcy or insolvency law.
(d) Not assignable, by power of attorney or otherwise.
(e) Exempt from assessment for the impairment or insolvency of any life or health insurance company.
2. The system may withhold money from a refund or benefit when the person applying for or receiving the refund or benefit owes money to the system.
Sec. 8. NRS 286.680 is hereby amended to read as follows:
286.680 1. In addition to the provisions of chapter 355 of NRS, the board may invest and reinvest the money in its funds as provided in this section [,] and NRS 286.682 [and 286.686,] and may employ investment counsel for that purpose. The board may also employ investment supervisory services, trust audit services and other related investment services which it deems necessary to invest effectively and safeguard the money in the systems funds.
2. No person engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board is eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person selected by the board consists of giving continuous advice as to the investment of money on the basis of the individual needs of each client;
(b) The person and his predecessors have been continuously engaged in such a business for a period of 5 or more years;
(c) The person is registered as in investment adviser under the laws of the United States as from time to time in effect, or is a bank or an investment management subsidiary of a bank; and
(d) The contract between the board and the investment counsel is of no specific duration and is voidable at any time by either party.
4. The board and its individual members are not liable for investment decisions made by investment counsel if they obtain qualified investment counsel, establish proper objectives and policies for investments, and issue appropriate interim directives.
κ1993 Statutes of Nevada, Page 479 (CHAPTER 219, AB 555)κ
appropriate interim directives. Investment counsel is liable for any investment decision that is not made in accordance with the objectives and policies established by the board and any applicable interim directives.
5. The expenses incurred in obtaining and reviewing services pursuant to the provisions of this section and the reimbursements to employees for their expenses incurred in connection with investment decisions must be paid out of the public employees retirement fund and the police and firemens retirement fund in proportion to their respective assets.
6. The board shall tender invitations to [all Nevada] banks for commercial banking and trust services, consider proposals submitted by interested banks, and consider contracts for commercial banking and trust services at least every [3] 5 years.
Sec. 9. NRS 286.465 and 286.686 are hereby amended.
________
Assembly Bill No. 50 — Committee on Judiciary
CHAPTER 220
AN ACT relating to fees in civil actions; increasing the fees charged in civil actions in certain counties to support legal services for indigent and elderly persons; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.031 is hereby amended to read as follows:
19.031 1. Except as otherwise provided in subsection 2, in each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this state or the United States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$18] $25 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.
2. In each county described in subsection 1, the county clerk shall, on the commencement of any action provided for in chapter 125 of NRS, and on the filing of any answer or appearance in any such action, charge and collect a fee of [$7] $14 from the party commencing or appearing in the action. These fees are in addition to any other fees required by law.
3. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsections 1 and 2. Except as otherwise provided in subsection 5, the county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by him from the county clerk.
κ1993 Statutes of Nevada, Page 480 (CHAPTER 220, AB 50)κ
county treasurer shall remit quarterly to the organization operating the program for legal services all the money received by him from the county clerk.
4. The organization operating the program for legal services shall use any money received pursuant to subsection 3 as follows:
(a) From each [$18] $25 collected pursuant to subsection 1:
(1) [Ten] Fifteen dollars and [50] fifty cents for the benefit of indigent persons in the county; and
(2) [Seven] Nine dollars and [50] fifty cents for the benefit of elderly persons in the county.
(b) From each [$7] $14 collected pursuant to subsection 2:
(1) [Five] Ten dollars for the benefit of indigent persons in the county; and
(2) [Two] Four dollars for the benefit of elderly persons in the county.
5. If the county treasurer receives notice from the state or a political subdivision that an award of attorneys fees or costs has been made to an organization that receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision that paid the fees or costs at the time when he would have paid it to the organization.
6. The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 257 — Committee on Government Affairs
CHAPTER 221
AN ACT relating to University of Nevada employees retirement; clarifying the authority of the board of regents to contract with different types of investment entities in providing a retirement program for the professional staff; and providing other matters properly relating thereto.
[Approved June 11, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.802 is hereby amended to read as follows:
286.802 1. The board of regents of the University of Nevada shall provide a retirement program separate from the public employees retirement system . [under which contracts providing] The program must provide retirement and death benefits for members of the professional staff . [may be purchased.] The state and the participants shall contribute [toward the purchase of the contracts which are issued to the participants.] to the cost of the program.