κ1993 Statutes of Nevada, Page 961 (CHAPTER 337, AB 387)κ
smallest number of shares, or portion of a share, as the case may be, shall be deemed the highest bidder.
Sec. 30. NRS 78.310 is hereby amended to read as follows:
78.310 Meetings of stockholders and directors of any corporation organized under the provisions of this chapter may be held within or without this state, in the manner provided by the bylaws of the corporation. The [certificate or] articles of incorporation may designate any place or places where such stockholders or directors meetings may be held, but in the absence of any provision therefor in the articles of incorporation, then [such meetings shall] the meetings must be held within or without this state, as directed from time to time by the bylaws of the corporation.
Sec. 31. NRS 78.315 is hereby amended to read as follows:
78.315 1. Unless the articles of incorporation [, or an amendment thereof,] or the bylaws [,] provide for a [lesser] different proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the [directors] voting power of the directors, present at a meeting at which a quorum is present , is the act of the board of directors . [or trustees.]
2. Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee. The written consent must be filed with the minutes of proceedings of the board or committee.
3. Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.
Sec. 31.5. NRS 78.320 is hereby amended to read as follows:
78.320 1. Unless the articles of incorporation or the bylaws provide for different proportions:
(a) Stockholders holding at least a majority of the voting power are necessary to constitute a quorum for the transaction of business; and
(b) [An act] The vote of stockholders who hold at least a majority of the voting power [and are] present at a meeting at which a quorum is present is the act of the stockholders.
2. Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.
3. In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given. The written consent must be filed with the minutes of the proceedings of the stockholders.
κ1993 Statutes of Nevada, Page 962 (CHAPTER 337, AB 387)κ
4. Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.
Sec. 32. NRS 78.330 is hereby amended to read as follows:
78.330 1. Unless elected pursuant to NRS 78.320, [the] directors of every corporation must be [chosen] elected at the annual meeting of the stockholders [, to be held on a date and at a time, or in the manner, provided for by the bylaws,] by a plurality of the votes cast at the election. Unless otherwise provided in the bylaws, the board of directors have the authority to set the date, time and place for the annual meeting of the stockholders. If for any reason [the] directors are not elected pursuant to NRS 78.320 or at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.
2. The articles of incorporation or the bylaws may provide for the classification of directors as to the duration of their respective terms of office or as to their election by one or more authorized classes or series of shares, [provided that] but at least one-fourth in number of the directors of every corporation must be elected annually.
3. The articles of incorporation may provide that the voting power of individual directors or classes of directors may be greater than or less than that of any other individual directors or classes of directors, and the different voting powers may be stated in the articles of incorporation or may be dependent upon any fact or event that may be ascertained outside the articles of incorporation if the manner in which the fact or event may operate on those voting powers is stated in the articles of incorporation. If the articles of incorporation provide that any directors may have voting power greater than or less than other directors, every reference in this chapter to a majority or other proportion of directors shall be deemed to refer to a majority or other proportion of the voting power of all of the directors or classes of directors, as may be required by the articles of incorporation.
Sec. 33. NRS 78.335 is hereby amended to read as follows:
78.335 1. Any director may be removed from office by the vote of stockholders representing not less than two-thirds of the voting power of the issued and outstanding stock entitled to voting power, except that:
(a) In the case of corporations which have provided in their articles of incorporation for the election of directors by cumulative voting, no director may be removed from office under the provisions of this section except upon the vote of stockholders owning sufficient shares to have prevented his election to office in the first instance; and
(b) The articles of incorporation may require the concurrence of a larger percentage of the stock entitled to voting power in order to remove a director.
2. Whenever the holders of any class or series of shares are entitled to elect one or more directors, unless otherwise provided in the articles of incorporation, removal of any such director requires only the proportion of votes, specified in subsection 1, of the holders of that class or series, and not the votes of the outstanding shares as a whole.
κ1993 Statutes of Nevada, Page 963 (CHAPTER 337, AB 387)κ
3. All vacancies, including those caused by an increase in the number of directors, may be filled by a majority of the remaining directors, though less than a quorum, unless it is otherwise provided in the articles of incorporation.
[3.] 4. Unless otherwise provided in the articles of incorporation, when one or more directors give notice of his or their resignation to the board, effective at a future date, the board may fill the vacancy or vacancies to take effect when the resignation or resignations become effective, each director so appointed to hold office during the remainder of the term of office of the resigning director or directors.
Sec. 34. NRS 78.350 is hereby amended to read as follows:
78.350 1. Unless otherwise provided in the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, every stockholder of record of a corporation is entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the [books] records of the corporation. If the articles of incorporation, or the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the articles of incorporation, provides for more or less than one vote per share for any class or series of shares [,] on any matter, every reference in this chapter to a majority or other proportion of stock shall be deemed to refer to [that] a majority or other proportion of the [votes of that stock.] voting power of all of the shares or those classes or series of shares, as may be required by the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, or the provisions of this chapter.
2. Unless contrary provisions are contained in the articles of incorporation, the directors may prescribe a period not exceeding 60 days before any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a day not more than 60 days before the holding of any such meeting as the day as of which stockholders entitled to notice of and to vote at such meetings must be determined. Only stockholders of record on that day are entitled to notice or to vote at such meeting.
3. The provisions of this section do not restrict the directors from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder or holders of a specified number of shares or percentage of share ownership or voting power.
Sec. 35. NRS 78.360 is hereby amended to read as follows:
78.360 1. The articles of incorporation of any corporation [, or any amendment thereof,] may provide that at all elections of directors of the corporation each holder of stock possessing voting power is entitled to as many votes as equal the number of his shares of stock multiplied by the number of directors to be elected, and that he may cast all of his votes for a single director or may distribute them among the number to be voted for or any two or more of them, as he may see fit. [In order to] To exercise the right of cumulative voting, one or more of the stockholders requesting cumulative voting must give written notice [before the vote] to the president or secretary of the corporation that the stockholder desires that the voting for the election of directors be cumulative.
κ1993 Statutes of Nevada, Page 964 (CHAPTER 337, AB 387)κ
voting must give written notice [before the vote] to the president or secretary of the corporation that the stockholder desires that the voting for the election of directors be cumulative.
2. The notice must be given not less than 48 hours before the time fixed for holding the meeting, if notice of the meeting has been given at least 10 days before the date of the meeting, and otherwise not less than 24 hours before the meeting. At the meeting, before the commencement of voting for the election of directors, an announcement of the giving of the notice must be made by the chairman or the secretary of the meeting or by or on behalf of the stockholder giving the notice. Notice to stockholders of the requirement of this subsection must be contained in the notice calling the meeting or in the proxy material accompanying the notice.
Sec. 36. NRS 78.365 is hereby amended to read as follows:
78.365 1. A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote the stock for a period not exceeding 15 years upon the terms and conditions therein stated. Any certificates of stock so transferred must be surrendered and canceled and new certificates for the stock issued to the trustee or trustees in which it must appear that they are issued pursuant to the agreement, and in the entry of ownership in the proper books of the corporation that fact must also be noted, and thereupon the trustee or trustees may vote the stock so transferred during the terms of the agreement. A duplicate of every such agreement must be filed in the [principal] registered office of the corporation and at all times during its terms be open to inspection by any stockholder or his attorney.
2. At any time within the 2 years next preceding the expiration of an agreement entered into pursuant to the provisions of subsection 1, or the expiration of an extension of that agreement, any beneficiary of the trust may, by written agreement with the trustee or trustees, extend the duration of the trust for a time not to exceed 15 years after the scheduled expiration date of the original agreement or the latest extension. An extension is not effective unless the trustee, before the expiration date of the original agreement or the latest extension, files a duplicate of the agreement providing for the extension in the registered office of the corporation. An agreement providing for an extension does not affect the rights or obligations of any person not a party to that agreement.
3. An agreement between two or more stockholders, if in writing and signed by them, may provide that in exercising any voting rights the stock held by them must be voted:
(a) Pursuant to the provisions of the agreement;
(b) As they may subsequently agree; or
(c) In accordance with a procedure agreed upon.
4. An agreement entered into pursuant to the provisions of subsection 3 is not effective for a term of more than 15 years, but at any time within the 2 years next preceding the expiration of the agreement the parties thereto may extend its duration for as many additional periods, each not to exceed 15 years, as they wish.
5. An agreement entered into pursuant to the provisions of subsection 1 or 3 is not invalidated by the fact that by its terms its duration is more than 15 years, but its duration shall be deemed amended to conform with the provisions of this section.
κ1993 Statutes of Nevada, Page 965 (CHAPTER 337, AB 387)κ
years, but its duration shall be deemed amended to conform with the provisions of this section.
Sec. 37. NRS 78.370 is hereby amended to read as follows:
78.370 1. Whenever under the provisions of this chapter stockholders are required or authorized to take any action at a meeting, the notice of the meeting must be in writing and signed by the president or a vice president, or the secretary, or an assistant secretary, or by such other natural person or persons as the bylaws may prescribe or permit or the directors may designate.
2. The notice must state the purpose or purposes for which the meeting is called and the time when, and the place, which may be within or without this state, where it is to be held.
3. A copy of the notice must be delivered personally or mailed postage prepaid to each stockholder of record entitled to vote at the meeting not less than 10 nor more than 60 days before the meeting. If mailed, it must be directed to the stockholder at his address as it appears upon the records of the corporation, and upon the mailing of any such notice the service thereof is complete, and the time of the notice begins to run from the date upon which the notice is deposited in the mail for transmission to the stockholder. Personal delivery of any such notice to any officer of a corporation or association, or to any member of a partnership, constitutes delivery of the notice to the corporation, association or partnership.
4. The articles of incorporation [, or an amendment thereof,] or the bylaws may require that the notice be also published in one or more newspapers.
5. Notice delivered or mailed to a stockholder in accordance with the provisions of this section and the provisions, if any, of the articles of incorporation [, or an amendment thereof,] or the bylaws [,] is sufficient, and in the event of the transfer of his stock after such delivery or mailing and before the holding of the meeting it is not necessary to deliver or mail notice of the meeting to the transferee.
6. Any stockholder may waive notice of any meeting by a writing signed by him, or his duly authorized attorney, either before or after the meeting.
7. Unless otherwise provided in the articles of incorporation or the bylaws, whenever notice is required to be given, under any provision of this chapter or the articles of incorporation or bylaws of any corporation, to any stockholder to whom:
(a) Notice of two consecutive annual meetings, and all notices of meetings or of the taking of action by written consent without a meeting to him during the period between those two consecutive annual meetings; or
(b) All, and at least two, payments sent by first-class mail of dividends or interest on securities during a 12-month period,
have been mailed addressed to him at his address as shown on the records of the corporation and have been returned undeliverable, the giving of further notices to him is not required. Any action or meeting taken or held without notice to such a stockholder has the same effect as if the notice had been given. If any such stockholder delivers to the corporation a written notice setting forth his current address, the requirement that notice be given to him is reinstated. If the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this chapter, the certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.
κ1993 Statutes of Nevada, Page 966 (CHAPTER 337, AB 387)κ
certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.
Sec. 38. NRS 78.3789 is hereby amended to read as follows:
78.3789 An acquiring person who has made or offered to make an acquisition of a controlling interest in an issuing corporation may deliver an offerors statement to the [principal] registered office of the corporation. The acquiring person may request in the statement that the directors of the corporation call a special meeting of the stockholders of the corporation, as provided in NRS 78.379. The statement must set forth:
1. A recital that the statement is given pursuant to this section;
2. The name of the acquiring person and of every person associated with him in the acquisition;
3. The number of shares in any class of voting securities owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire;
4. The percentage of the voting securities of the corporation owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire; and
5. If the acquiring person has not yet acquired the securities of the corporation, a detailed description of:
(a) The terms and conditions of the proposed acquisition; and
(b) The means by which any required consideration, and any indebtedness incurred to consummate the transaction, are to be paid.
Sec. 39. NRS 78.3793 is hereby amended to read as follows:
78.3793 1. Unless otherwise provided in the articles of incorporation or the bylaws of the issuing corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person, if the control shares are accorded full voting rights pursuant to NRS 78.378 to 78.3793, inclusive, and the acquiring person has acquired control shares with a majority or more of all the voting power, any stockholder of record, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares is entitled to demand payment for the fair value of his shares.
2. The board of directors of the issuing corporation shall, within 20 days after the vote of the stockholders authorizing voting rights for the control shares, cause a notice to be sent to any stockholder, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, advising him of the fact and of his right to receive fair value for his shares as provided in subsection 3.
3. Within 20 days after the mailing of the notice described in subsection 2, any stockholder of the corporation, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, may deliver to the [principal] registered office of the corporation a written demand that the corporation purchase, for fair value, all or any portion of his shares. The corporation shall comply with the demand within 30 days after its delivery.
Sec. 40. NRS 78.380 is hereby amended to read as follows:
78.380 1. [The] At least two-thirds of the incorporators or of the board of directors of any corporation, before issuing any stock, may amend the original articles of incorporation thereof as may be desired by executing and acknowledging or proving in the manner required for [an] original [certificate] articles of incorporation, and filing with the secretary of state a certificate amending, modifying, changing or altering the original articles, in whole or in part.
κ1993 Statutes of Nevada, Page 967 (CHAPTER 337, AB 387)κ
original articles of incorporation thereof as may be desired by executing and acknowledging or proving in the manner required for [an] original [certificate] articles of incorporation, and filing with the secretary of state a certificate amending, modifying, changing or altering the original articles, in whole or in part. The certificate [, in the opening paragraph thereof,] must:
(a) Declare that the signers thereof are at least two-thirds of the [original] incorporators or of the board of directors of the corporation, [naming it, or at least two-thirds thereof.] and state the corporations name.
(b) State the date upon which the original articles thereof were filed with the secretary of state.
(c) Affirmatively declare that to the date of the certificate, no stock of the corporation has been issued.
2. The amendment is effective upon the filing of the certificate with the secretary of state.
3. This section does not permit the insertion of any matter not in conformity with this chapter.
[4. The secretary of state shall charge the fee allowed by law for filing the amended certificate of incorporation.]
Sec. 41. NRS 78.390 is hereby amended to read as follows:
78.390 1. Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:
(a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.
(b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 3 and 5, or as may be required by the provisions of the articles of incorporation, [or an amendment thereof,] have voted in favor of the amendment, the president, or vice president, and secretary, or assistant secretary, shall execute a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall acknowledge the certificate before a person authorized by the laws of the place where the acknowledgement is taken to take acknowledgments of deeds.
(c) The certificate so executed and acknowledged must be filed in the office of the secretary of state.
2. Upon filing the certificate the articles of incorporation are amended accordingly.
3. If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
κ1993 Statutes of Nevada, Page 968 (CHAPTER 337, AB 387)κ
of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.
4. Provision may be made in the articles of incorporation [, or an amendment thereof,] requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.
5. Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.
Sec. 42. NRS 78.423 is hereby amended to read as follows:
78.423 1. Interested stockholder, when used in reference to any resident domestic corporation, means any person, other than the resident domestic corporation or any subsidiary of the resident domestic corporation, who is:
(a) The beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the outstanding voting shares of the resident domestic corporation; or
(b) An affiliate or associate of the resident domestic corporation and at any time within [5] 3 years immediately before the date in question was the beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the then outstanding shares of the resident domestic corporation.
2. To determine whether a person is an interested stockholder, the number of voting shares of the resident domestic corporation considered to be outstanding includes shares considered to be beneficially owned by that person through the application of NRS 78.414, but does not include any other unissued shares of a class of voting shares of the resident domestic corporation which may be issuable under any agreement, arrangement or understanding, or upon exercise of rights to convert, warrants or options, or otherwise.
Sec. 43. NRS 78.436 is hereby amended to read as follows:
78.436 NRS 78.411 to 78.444, inclusive, do not apply to any combination of a resident domestic corporation with an interested stockholder of the resident domestic corporation who became an interested stockholder inadvertently, if he:
1. As soon as practicable, divests himself of a sufficient amount of the voting power of the corporation so that he no longer is the beneficial owner, directly or indirectly, of 10 percent or more of the outstanding voting power of the resident domestic corporation; and
2. Would not at any time within [5] 3 years preceding the date of announcement with respect to the combination have been an interested stockholder but for the inadvertent acquisition.
Sec. 43.5. NRS 78.438 is hereby amended to read as follows:
78.438 1. Except as otherwise provided in NRS 78.433 to 78.437, inclusive, a resident domestic corporation may not engage in any combination with any interested stockholder of the resident domestic corporation for [5] 3 years after the interested stockholders date of acquiring shares unless the combination or the purchase of shares made by the interested stockholder on the interested stockholders date of acquiring shares is approved by the board of directors of the resident domestic corporation before that date.
κ1993 Statutes of Nevada, Page 969 (CHAPTER 337, AB 387)κ
2. If a proposal in good faith regarding a combination is made in writing to the board of directors of the resident domestic corporation, the board of directors shall respond, in writing, within 30 days or such shorter period, if any, as may be required by the Securities Exchange Act, setting forth its reasons for its decision regarding the proposal.
3. If a proposal in good faith to purchase shares is made in writing to the board of directors of the resident domestic corporation, the board of directors, unless it responds affirmatively in writing within 30 days or such shorter period, if any, as may be required by the Securities Exchange Act, is considered to have disapproved the purchase.
Sec. 44. NRS 78.439 is hereby amended to read as follows:
78.439 [Except as otherwise provided in NRS 78.433 to 78.438, inclusive, a] A resident domestic corporation may not engage [at any time] in any combination with an interested stockholder of the resident domestic corporation after the expiration of 3 years after his date of acquiring shares other than a combination meeting all of the requirements of the articles of incorporation of the resident domestic corporation and either the requirements specified in subsection 1 or 2 or all of the requirements specified in NRS 78.441 to 78.444, inclusive:
1. A combination approved by the board of directors of the resident domestic corporation before the interested stockholders date of acquiring shares, or as to which the purchase of shares made by the interested stockholder on that date had been approved by the board of directors of the resident domestic corporation before that date.
2. A combination approved by the affirmative vote of the holders of stock representing a majority of the outstanding voting power not beneficially owned by the interested stockholder proposing the combination, or any affiliate or associate of the interested stockholder proposing the combination, at a meeting called for that purpose no earlier than [5] 3 years after the interested stockholders date of acquiring shares.
Sec. 44.3. NRS 78.441 is hereby amended to read as follows:
78.441 A combination engaged in with an interested stockholder of the resident domestic corporation more than 3 years after the interested stockholders date of acquiring shares may be permissible if the aggregate amount of the cash and the market value, as of the date of consummation, of consideration other than cash to be received per share by all of the holders of outstanding common shares of the resident domestic corporation not beneficially owned by the interested stockholder immediately before that date is at least equal to the higher of the following:
1. The highest price per share paid by the interested stockholder, at a time when he was the beneficial owner, directly or indirectly, of 5 percent or more of the outstanding voting shares of the resident domestic corporation, for any common shares of the same class or series acquired by him within [5] 3 years immediately before the date of announcement with respect to the combination or within [5] 3 years immediately before, or in, the transaction in which he became an interested stockholder, whichever is higher, plus, in either case, interest compounded annually from the earliest date on which the highest price per share was paid through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since the earliest date, but no more may be subtracted than the amount of the interest.
κ1993 Statutes of Nevada, Page 970 (CHAPTER 337, AB 387)κ
the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since the earliest date, but no more may be subtracted than the amount of the interest.
2. The market value per common share on the date of announcement with respect to the combination or on the interested stockholders date of acquiring shares, whichever is higher, plus interest compounded annually from that date through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since that date, but no more may be subtracted than the amount of the interest.
Sec. 44.7. NRS 78.442 is hereby amended to read as follows:
78.442 A combination engaged in with an interested stockholder of the resident domestic corporations more than 3 years after the interested stockholders date of acquiring shares may be permissible if the aggregate amount of the cash and the market value, as of the date of consummation, of consideration other than cash to be received per share by all of the holders of outstanding shares of any class or series of shares, other than common shares, of the resident domestic corporation not beneficially owned by the interested stockholder immediately before that date is at least equal to the highest of the following, whether or not the interested stockholder has previously acquired any shares of the class or series of shares:
1. The highest price per share paid by the interested stockholder, at a time when he was the beneficial owner, directly or indirectly, of 5 percent or more of the outstanding voting shares of the resident domestic corporation, for any shares of that class or series of shares acquired by him within [5] 3 years immediately before the date of announcement with respect to the combination or within [5] 3 years immediately before, or in, the transaction in which he became an interested stockholder, whichever is higher, plus, in either case, interest compounded annually from the earliest date on which the highest price per share was paid through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per share of the class or series of shares since the earliest date, but no more may be subtracted than the amount of the interest.
2. The highest preferential amount per share to which the holders of shares of the class or series of shares are entitled in the event of any voluntary liquidation, dissolution or winding up of the resident domestic corporation, plus the aggregate amount of any dividends declared or due to which the holders are entitled before payment of the dividends on some other class or series of shares, unless the aggregate amount of the dividends is included in the preferential amount.
3. The market value per share of the class or series of shares on the date of announcement with respect to the combination or on the interested stockholders date of acquiring shares, whichever is higher, plus interest compounded annually from that date through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per share of the class or series of shares since that date, but no more may be subtracted than the amount of the interest.
κ1993 Statutes of Nevada, Page 971 (CHAPTER 337, AB 387)κ
value of any dividends paid other than in cash, per share of the class or series of shares since that date, but no more may be subtracted than the amount of the interest.
Sec. 45. NRS 78.444 is hereby amended to read as follows:
78.444 A combination may be permissible if after the interested stockholders date of acquiring shares and before the date of consummation with respect to the combination, the interested stockholder has not become the beneficial owner of any additional voting shares of the resident domestic corporation except:
1. As part of the transaction that resulted in his becoming an interested stockholder;
2. By virtue of proportionate splitting of shares, dividends distributed in shares, or other distributions of shares in respect of shares not constituting a combination;
3. Through a combination meeting all of the conditions of NRS [78.438, this section;] 78.439; or
4. Through a purchase at any price that, if the price had been paid in an otherwise permissible combination whose date of announcement and date of consummation were the date of the purchase, would have satisfied the requirements of NRS 78.441, 78.442 and 78.443.
Sec. 46. NRS 78.461 is hereby amended to read as follows:
78.461 1. One or more foreign corporations may merge or enter into an exchange of shares with one or more domestic corporations if:
(a) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(b) In an exchange of shares, the corporation whose shares will be acquired is a domestic corporation, whether or not an exchange of shares is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;
(c) The foreign corporation complies with NRS [78.452] 78.458 if it is the surviving corporation in the merger or acquiring corporation in the exchange [;] and sets forth in the articles of merger or exchange its address where copies of process may be sent by the secretary of state; and
(d) Each domestic corporation complies with the applicable provisions of NRS 78.451 to 78.457, inclusive, and, if it is the surviving corporation in the merger or acquiring corporation in the exchange, with NRS 78.458.
2. When the merger or exchange takes effect, the surviving foreign corporation in a merger and the acquiring foreign corporation in an exchange shall be deemed:
(a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting stockholders of each domestic corporation that was a party to the merger or exchange. Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of $25 for accepting and transmitting the process. The secretary of state shall forthwith send by registered or certified mail one of the copies to the surviving or acquiring corporation at its specified address, unless the surviving or acquiring corporation has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.
κ1993 Statutes of Nevada, Page 972 (CHAPTER 337, AB 387)κ
a different address for that purpose, in which case it must be mailed to the last address so designated.
(b) To agree that it will promptly pay to the dissenting stockholders of each domestic corporation that is a party to the merger or exchange the amount, if any, to which they are entitled under NRS 78.471 to 78.502, inclusive.
3. This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise.
Sec. 46.5. NRS 78.482 is hereby amended to read as follows:
78.482 There is no right of dissent with respect to a plan of merger or exchange in favor of holders of shares of any class or series which, at the record date fixed to determine the stockholders entitled to receive notice of and to vote at the meeting at which the plan of merger or exchange is to be acted on, were either listed on a national securities exchange , designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc., or held by at least 2,000 stockholders of record, unless : [in either case:]
1. The articles of incorporation of the corporation issuing the shares provide otherwise; or
2. The holders of the class or series are required under the plan of merger or exchange to accept for such shares anything except:
(a) Cash, shares or shares and cash in lieu of fractional shares of:
(1) The surviving or acquiring corporation; or
(2) Any other corporation which, at the effective date of the plan of merger or exchange, were either listed on a national securities exchange , designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc., or held of record by at least 2,000 stockholders of record; or
(b) A combination of cash and shares of the kind described in subparagraphs (1) and (2) of paragraph (a).
Sec. 47. NRS 78.497 is hereby amended to read as follows:
78.497 1. Except as otherwise provided in NRS 78.498, within 30 days after receipt of a demand for payment, the corporation shall pay each dissenter who complied with NRS 78.494 the amount the corporation estimates to be the fair value of his shares, plus accrued interest. The obligation of the corporation under this subsection may be enforced by the district court;
(a) Of the county where the corporations registered office is located; or
(b) At the election of any dissenter residing or having its registered office in Nevada, of the county where the dissenter resides or has its registered office.
The court shall dispose of the complaint promptly.
2. The payment must be accompanied by:
(a) The corporations balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, a statement of income for that year, a statement of changes in the stockholders equity for that year, and the latest available interim financial statements, if any;
(b) A statement of the corporations estimate of the fair value of the shares;
(c) An explanation of how the interest was calculated;
κ1993 Statutes of Nevada, Page 973 (CHAPTER 337, AB 387)κ
(d) A statement of the dissenters rights to demand payment under [section 40 of this act;] NRS 78.499; and
(e) A copy of NRS 78.471 to 78.502, inclusive.
Sec. 48. NRS 78.565 is hereby amended to read as follows:
78.565 Every corporation may, by action taken at any meeting of its board of directors, sell, lease or exchange all of its property and assets, including its good will and its corporate franchises, upon such terms and conditions as its board of directors may deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power given at a stockholders meeting called for that purpose [in the manner provided in NRS 78.370, provided:
1. That the certificate or] but:
1. The articles of incorporation may require the vote of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders; and
2. [That unless the certificate or] Unless the articles of incorporation [, or an amendment thereof,] provide otherwise, no vote of stockholders is necessary for a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation.
Sec. 49. NRS 78.575 is hereby amended to read as follows:
78.575 Before the payment of any part of the capital and before beginning the business for which the corporation was created, the incorporators or the board of directors named in [any certificate] the articles of incorporation may dissolve [the] a corporation by filing in the office of the secretary of state a certificate, verified by the oath or affirmation of a majority of the incorporators or of the board of directors named in the [certificate or] articles of incorporation, that no part of the capital has been paid and the business has not been begun, and thereupon the corporation [shall be] is dissolved.
Sec. 50. NRS 78.580 is hereby amended to read as follows:
78.580 1. If the board of directors of any corporation organized under this chapter , after the issuance of stock or the beginning of business, decides that the corporation should be dissolved, the board may adopt a resolution to that effect . [and call a meeting of the stockholders having voting power to take action upon the resolution.
2. The meeting of the stockholders must be held upon due notice. If at the meeting or any adjournment thereof the holders of stock entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a copy of the resolution, together with] If the corporation has issued no stock, only the directors need to approve the dissolution. If the corporation has issued stock, the directors must recommend the dissolution to the stockholders. The corporation shall notify each stockholder entitled to vote on dissolution and the stockholders entitled to vote must approve the dissolution.
2. If the dissolution is approved by the directors or both the directors and stockholders, as respectively provided in subsection 1, the corporation shall file a certificate setting forth that the dissolution has been approved by the directors, or by the directors and the stockholders, and a list of the names and post office box or street addresses, either residence or business , of the corporations president, secretary and treasurer and all of its directors , [and officers,] certified by the president, or a vice president, and the secretary, or an assistant secretary, [must be filed] in the office of the secretary of state.
κ1993 Statutes of Nevada, Page 974 (CHAPTER 337, AB 387)κ
officers,] certified by the president, or a vice president, and the secretary, or an assistant secretary, [must be filed] in the office of the secretary of state. The secretary of state, upon being satisfied that these requirements have been complied with and that the corporate charter has not been revoked, shall issue a certificate that the corporation is dissolved.
Sec. 51. NRS 78.590 is hereby amended to read as follows:
78.590 1. Upon the dissolution of any corporation under the provisions of NRS 78.580, or upon the expiration of the period of its corporate existence, limited by its [certificate or] articles of incorporation, the directors [shall be] become trustees thereof, with full power to settle the affairs, collect the outstanding debts, sell and convey the property, real and personal, and divide the [moneys] money and other property among the stockholders, after paying or adequately providing for the payment of its liabilities and obligations.
2. After paying or adequately providing for the liabilities and obligations of the corporation, the trustees, with the written consent of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power, may sell the remaining assets or any part thereof to a corporation organized under the laws of this or any other state, and take in payment therefor the stock or bonds, or both, of [such] that corporation and distribute them among the stockholders [,] of the liquidated corporation, in proportion to their interest therein. No such sale [shall be] is valid as against any stockholder [,] who, within 30 days after the mailing of notice to him of [such sale shall apply] the sale, applies to the district court for an appraisal of the value of his interest in the assets so sold, and unless within 30 days after the appraisal [shall have been] is confirmed by the court the stockholders consenting to the sale, or some of them, [shall] pay to the objecting stockholder or deposit for his account, in the manner directed by the court, the amount of the appraisal. Upon the payment or deposit the interest of the objecting stockholder [shall vest] vests in the person or persons making the payment or deposit.
Sec. 52. NRS 78.630 is hereby amended to read as follows:
78.630 1. Whenever any corporation [shall become] becomes insolvent or [shall suspend] suspends its ordinary business for want of [funds] money to carry on the [same,] business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or stockholders, any creditors holding 10 percent of the outstanding indebtedness, or stockholders owning 10 percent of the outstanding capital stock entitled to vote, may, by petition [or bill of complaint] setting forth the facts and circumstances of the case, apply to the district court of the county in which the [principal] registered office of the corporation is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.
2. The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition [or bill,] and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proof and allegations which may be offered in behalf of the parties.
κ1993 Statutes of Nevada, Page 975 (CHAPTER 337, AB 387)κ
3. If upon such inquiry it [shall appear] appears to the court that the corporation has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or stockholders, so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the corporation and its officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, [moneys, funds,] money, lands, tenements or effects, except to a receiver appointed by the court, until the court [shall otherwise order,] otherwise orders.
Sec. 53. NRS 78.730 is hereby amended to read as follows:
78.730 1. Any corporation which did exist or is existing under the laws of this state may, upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing [a] :
(a) A certificate with the secretary of state, which must set forth:
[(a)] (1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.
[(b)] (2) The name of the [city, town or place within the county in which its principal office or place of business is located in the state.
(c)] natural person or corporation designated as the resident agent of the filing corporation, his street address for the service of process, and his mailing address if different from his street address.
(3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.
[(d)] (4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.
[(e)] (5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(b) A list of its president, secretary and treasurer and all of its directors and their post office box or street addresses, either residence or business.
2. [Any corporation for which the] A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its present or vice president and secretary [,] or assistant secretary, verified by [such] those officers before any person authorized by the laws of this state to administer oaths or affirmations . [, which] The certificate must be [authorized] approved by a majority [in interest of the stock, in writing, or by a resolution to that effect.
3. Any] of the voting power of the shares.
3. A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the stockholders of the corporation and verified by the [person or persons] signer or signers before any person authorized to administer oaths or affirmations.
κ1993 Statutes of Nevada, Page 976 (CHAPTER 337, AB 387)κ
appointed by the stockholders of the corporation and verified by the [person or persons] signer or signers before any person authorized to administer oaths or affirmations. The execution and filing of the certificate must be [authorized] approved by the written consent of all the stockholders of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.
4. The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation therein named.
Sec. 54. NRS 78.740 is hereby amended to read as follows:
78.740 Any corporation [now] existing on or [hereafter] incorporated after April 1, 1925, desiring to renew [, extend or continue] or revive its corporate existence, [shall,] upon complying with the provisions of this chapter, [be, and continue] is and continues for the time stated in its certificate of renewal [,] to be a corporation, and [shall,] in addition to the rights, privileges and immunities conferred by its original charter, [possess and enjoy] possesses and enjoys all the benefits of this chapter [, which] that are applicable to the nature of its business, and [shall be] is subject to the restrictions and liabilities by this chapter imposed on such corporations.
Sec. 55. NRS 78.751 is hereby amended to read as follows:
78.751 1. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.
2. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation.
κ1993 Statutes of Nevada, Page 977 (CHAPTER 337, AB 387)κ
settlement and attorneys fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation. Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.
3. To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, he must be indemnified by the corporation against expenses, including attorneys fees, actually and reasonably incurred by him in connection with the defense.
4. Any indemnification under subsections 1 and 2, unless ordered by a court or advanced pursuant to subsection 5, must be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances. The determination must be made:
(a) By the stockholders;
(b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to the act, suit or proceeding;
(c) If a majority vote of a quorum consisting of directors who were not parties to the act, suit or proceeding so orders, by independent legal counsel in a written opinion; or
(d) If a quorum consisting of directors who were not parties to the act, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.
5. The [certificate or] articles of incorporation, the bylaws or an agreement made by the corporation may provide that the expenses of officers and directors incurred in defending a civil or criminal action, suit or proceeding must be paid by the corporation as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the director or officer to repay the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the corporation. The provisions of this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.
6. The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this section:
(a) Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the [certificate or] articles of incorporation or any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, for either an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to subsection 2 or for the advancement of expenses made pursuant to subsection 5, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.
κ1993 Statutes of Nevada, Page 978 (CHAPTER 337, AB 387)κ
disinterested directors or otherwise, for either an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to subsection 2 or for the advancement of expenses made pursuant to subsection 5, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.
(b) Continues for a person who has ceased to be a director, officer, employee or agent and inures to the benefit of the heirs, executors and administrators of such a person.
Sec. 55.2. NRS 78.760 is hereby amended to read as follows:
78.760 1. The fee for filing articles of incorporation is prescribed in the following schedule:
If the amount represented by the total number of shares provided for in the articles or agreement is:
$25,000 or less .................................................................................. $125
Over $25,000 and not over $75,000 ............................................. 175
Over $75,000 and not over $200,000 .......................................... 225
Over $200,000 and not over $500,000 ........................................ 325
Over $500,000 and not over $1,000,000 ..................................... 425
Over $1,000,000:
For the first $1,000,000 ............................................................ 425
For each additional $500,000 or fraction thereof ............... 225
2. The maximum fee which may be charged under this section is $25,000 for:
(a) The original filing of articles of incorporation.
(b) A subsequent filing of any instrument which authorizes an increase in stock.
3. For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation is:
(a) The aggregate par value of the shares, if only shares with a par value are therein provided for;
(b) The product of the number of shares multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or
(c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.
The [value of a corporate share must not be] secretary of state shall calculate filing fees pursuant to this section with respect to shares with a par value of less than one-tenth of a cent [.] as if the par value were one-tenth of a cent.
κ1993 Statutes of Nevada, Page 979 (CHAPTER 337, AB 387)κ
Sec. 55.4. NRS 78.765 is hereby amended to read as follows:
78.765 1. The fee for filing a certificate changing the number of authorized shares pursuant to NRS 78.207 or a certificate of amendment to articles of incorporation [in order to increase] that increases the corporations authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase.
[2.] In no case may the amount be less than $75.
2. The fee for filing a certificate pursuant to NRS 78.195 is $75.
Sec. 55.6. NRS 78.767 is hereby amended to read as follows:
78.767 1. The fee for filing a certificate of restated articles of incorporation that does not increase the corporations authorized stock is $100.
2. The fee for filing a certificate of restated articles of incorporation that increases the corporations authorized stock is the difference between the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, including the proposed increase, and the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, excluding the proposed increase. In no case may the amount be less than $100.
Sec. 55.8. NRS 78.780 is hereby amended to read as follows:
78.780 1. The fee for filing a certificate of extension [in renewal] of corporate existence of any corporation is an amount equal to one-fourth of the fee computed at the rates specified in NRS 78.760 for filing [the original certificate] articles of incorporation.
2. The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is $30.
Sec. 56. NRS 78.785 is hereby amended to read as follows:
78.785 1. The fee for filing a certificate of change of location of a corporations registered office or resident agent, or a new designation of resident agent, is $15.
2. [The fee for filing a designation of resident agent is $25.
3.] The fee for certifying articles of incorporation where a copy is provided is $10.
[4.] 3. The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended, where a copy is furnished, is $10.
[5.] 4. The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $10.
[6.] 5. The fee for certifying the reservation of a corporate name is $20.
[7.] 6. The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is $15.
[8.] 7. The fee for executing, certifying or filing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $20.
[9.] 8. The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
κ1993 Statutes of Nevada, Page 980 (CHAPTER 337, AB 387)κ
required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.
[10.] 9. The fee for copies made at the office of the secretary of state is $1 per page.
[11.] 10. The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.
[12. The fee for filing a certificate of the change of address of a resident agent is $15, plus $1 for each corporation which he represents.
13.] 11. The fee for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the insurer.
[14.] 12. The fee for examining and provisionally approving any document at any time before the document is presented for filing is $100.
Sec. 57. NRS 78A.020 is hereby amended to read as follows:
78A.020 1. A close corporation must be formed in accordance with NRS 78.030 to 78.055, inclusive, subject to the following requirements:
(a) All of the issued stock of the corporation of all classes, exclusive of treasury shares, must be represented by certificates and must be held of record by a specified number of persons, not to exceed 30.
(b) All of the issued stock of all classes must be subject to one or more of the restrictions on transfer pursuant to NRS 78A.050.
(c) The corporation shall not offer any of its stock of any class that would constitute a public offering within the meaning of the Securities Act of 1933, 15 U.S.C. §§ 77 et seq.
2. The [certificate or] articles of incorporation of a close corporation must:
(a) Set forth the matters required by NRS 78.035 [.
(b) Set forth the qualifications of stockholders by specifying the classes of persons who are entitled to be holders of record of stock of any class, the classes of persons who are not entitled to be holders of record of stock of any class, or both.
(c)] except that the articles must state that there will be no board of directors if so agreed pursuant to NRS 78A.070.
(b) Contain a heading stating the name of the corporation and that it is a close corporation.
3. The articles of incorporation of a close corporation may set forth the qualifications of stockholders by specifying the classes of persons who are entitled to be holders of record of stock of any class, the classes of persons who are not entitled to be holders of record of stock of any class, or both.
4. To determine the number of holders of record of the stock of a close corporation, stock that is held in joint or common tenancy or by community property must be treated as held by one stockholder.
Sec. 58. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:
(a) File in the office of the secretary of state of Nevada:
κ1993 Statutes of Nevada, Page 981 (CHAPTER 337, AB 387)κ
(1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.
(2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in this state, or another corporation [with its] which has a registered office located in this state. The certification must set forth the name [and complete address] of the resident agent [.] , his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.
(3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth [a] :
(I) A general description of the purposes of the corporation [.] ; and
(II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.
(b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.
2. The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to [:
(a) The name of any corporation formed or incorporated in] the name of a corporation, limited partnership or limited-liability company existing under the laws of this state [;
(b) The name of any other] or a foreign corporation , foreign limited partnership or foreign limited-liability company authorized to transact business [within] in this state [;
(c) A name reserved for the use of any proposed corporation;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name reserved for the use of any proposed limited partnership,
unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.] or a name to which the exclusive right is at the time reserved in the manner provided under the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
3. The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless the state board of professional engineers and land surveyors certifies that:
κ1993 Statutes of Nevada, Page 982 (CHAPTER 337, AB 387)κ
corporation contains the words engineer, engineered, engineering, professional engineer or licensed engineer unless the state board of professional engineers and land surveyors certifies that:
(a) The principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, pursuant to the laws of this state; or
(b) The corporation is exempt from the prohibitions of NRS 625.520.
Sec. 59. NRS 80.012 is hereby amended to read as follows:
80.012 1. The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available under NRS 78.039 or 80.010, for the use of any foreign corporation. During the period, a name so reserved is not available for use by any corporation , [or] limited partnership or limited-liability company without the written acknowledged consent of the person at whose request the reservation was made.
2. The use by any corporation , [or] limited partnership or limited-liability company of a name in violation of NRS [78.039] 80.010 or subsection 1 of this section may be enjoined . [, notwithstanding the fact that the articles of incorporation or certificate of limited partnership may have been filed by the secretary of state.]
Sec. 60. NRS 80.015 is hereby amended to read as follows:
80.015 1. For the purposes of this chapter, the following activities do not constitute doing business in this state:
(a) Maintaining, defending or settling any proceeding;
(b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer, exchange and registration of the corporations own securities or maintaining trustees or depositaries with respect to those securities;
(e) Making sales through independent contractors;
(f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;
(g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;
(k) The production of motion pictures as defined in NRS 231.020; and
(l) Transacting business in interstate commerce.
2. The list of activities in subsection 1 is not exhaustive.
3. A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to [80.230,] 80.220, inclusive, chapter 645B of NRS or Titles 55 and 56 of NRS unless he:
(a) Maintains an office in this state for the transaction of business; or
κ1993 Statutes of Nevada, Page 983 (CHAPTER 337, AB 387)κ
(b) Solicits or accepts deposits in the state, except pursuant to NRS 666.225 to 666.375, inclusive.
Sec. 61. NRS 80.070 is hereby amended to read as follows:
80.070 1. A foreign corporation may change its resident agent by filing with the secretary of state:
(a) A certificate revoking the appointment of the agent and designating a new resident agent, setting forth the name [and complete address] of that agent [;] , his street address for the service of process, and his mailing address if different from his street address; and
(b) A certificate of acceptance executed by the new agent.
2. [Any] A person who has been designated by a foreign corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement must be acknowledged.
3. Upon the filing of the statement [provided for in subsection 2] of resignation with the secretary of state, the capacity of the resigning person as resident agent terminates . [, and the secretary of state shall forthwith] If the statement of resignation is not accompanied by an acknowledged statement of the corporation appointing a successor resident agent, the resigning resident agent shall give written notice, by mail, to the corporation, of the filing of the statement and [the effect thereof.] its effect. The notice must be addressed to any officer of the corporation other than the resident agent.
4. If a [designated] resident agent dies, resigns or moves from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent. The certificate must set forth the name [and complete address] of the new resident agent [.] , his street address for the service of process, and his mailing address if different from his street address.
5. A corporation that fails to file a certificate of acceptance executed by a new resident agent within 30 days of the death, resignation or removal of its resident agent shall be deemed in default and is subject to the provisions of NRS 80.150 and 80.160.
Sec. 62. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its [officers and] president, secretary and treasurer or their equivalent, and all if its directors and a designation of its resident agent in this state, certified by [the president, secretary or other] an officer of the corporation.
2. Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of $85.
3. The secretary of state shall, 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.
κ1993 Statutes of Nevada, Page 984 (CHAPTER 337, AB 387)κ
forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.
4. An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 63. NRS 80.120 is hereby amended to read as follows:
80.120 When the [annual] fee for filing [a] the initial or annual list of officers and directors and designation of resident agent has been paid, the canceled check received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary [date of its incorporation] of its qualification to transact business occurs in the next succeeding calendar year. If the corporation desires a formal certificate upon its payment [on] of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
Sec. 64. NRS 80.140 is hereby amended to read as follows:
80.140 1. Every list required to be filed under the provisions of NRS 80.110 to 80.170, inclusive, must, after the name of each officer and director listed thereon, set forth the post office box or street address , either residence or business, of each officer and director.
2. If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of NRS 80.110 to 80.170, inclusive, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of [NRS 80.110 to 80.170, inclusive.] this section.
Sec. 65. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses or neglects to do so within the time provided, [shall be deemed] is in default.
2. For default there must be added to the amount of the fee a penalty of $15, and unless the filing is made and the fee and penalty are paid on or before the first day of the [second] ninth month following the month in which filing was required, the defaulting corporation by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty must be collected as provided in this chapter.
Sec. 66. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before the 15th day of the [3rd] third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. Immediately after the [1st] first day of the [9th] ninth month following the month in which filing was required, the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been [annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have copies of their articles of incorporation and other amendatory, supplemental and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state.
κ1993 Statutes of Nevada, Page 985 (CHAPTER 337, AB 387)κ
and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement the secretary of state shall also notify immediately the county clerks of the fact.
3. In case of foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after the sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.] forfeited.
Sec. 67. NRS 80.170 is hereby amended to read as follows:
80.170 1. [Subject to the provisions of] Except as otherwise provided in subsections 3 and 4, the secretary of state [is authorized:
(a) To reinstate any] shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of [NRS 80.110 to 80.170, inclusive; and
(b) To] this chapter and restore to the corporation its right to [carry on] transact business in this state, and to exercise its corporate privileges and immunities [, upon the filing with the secretary of state of] if it:
(a) Files with him a list of officers and directors as provided in NRS [80.130 to 80.140, and upon payment to the secretary of state of] 80.110 and 80.140; and
(b) Pays to him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business [.
2. In case] and a fee of $50 for reinstatement.
2. If payment is made and the secretary of state reinstates the corporation to its former rights he shall [immediately] :
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due [.] ; and
(b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the right to transact business occurred only by reason of failure to pay the fees, penalties and costs.
4. If the right of a corporation to [carry on] transact business in this state has been [annulled] forfeited pursuant to the provisions of NRS 80.160 and has remained [annulled] forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice to the last [registered agent of the corporation or to the last] president of the corporation.
κ1993 Statutes of Nevada, Page 986 (CHAPTER 337, AB 387)κ
shall send notice to the last [registered agent of the corporation or to the last] president of the corporation. The notice must state the conditions under which reinstatement may be granted before the expiration of the 5-year period.
Sec. 68. NRS 80.190 is hereby amended to read as follows:
80.190 1. Except as otherwise provided in subsection 2, each foreign corporation doing business in this state shall, not later than the month of March in each year, publish a statement of its last calendar years business in two numbers or issues of a newspaper published in this state.
2. If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 [shall] must be published not later than the end of the third month following the close of each fiscal year.
3. A corporation which neglects or refuses to publish a statement as required by this section is liable to a penalty of $100 for each month that the statement remains unpublished.
4. Any district attorney in the state or the attorney general may sue to recover the penalty. The first county suing through its district attorney shall recover the penalty, and if no suit is brought for the penalty by any district attorney, the state may recover through the attorney general.
Sec. 69. NRS 80.200 is hereby amended to read as follows:
80.200 1. Any foreign corporation qualified to do business in this state under the provisions of this chapter may withdraw therefrom and surrender its right by:
(a) Filing with the secretary of state a notice of its purpose so to do, duly authorized to be given by resolution of its board of directors and executed under its corporate seal by the proper officers thereof; and
(b) Paying the fee required by NRS 80.050 for filing notice.
2. The provisions of subsection 1 [shall be applicable] apply only when the corporations right to do business in this state at the time the notice is submitted for filing has not been [revoked.] forfeited.
Sec. 70. NRS 80.210 is hereby amended to read as follows:
80.210 1. Every corporation which fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive:
(a) Is subject to a fine of not less than $500, to be recovered in a court of competent jurisdiction; and
(b) Except as otherwise provided in [this subsection,] subsection 2, may not commence or maintain any action or proceeding in any court of this state until it has fully complied with the provisions of NRS 80.010 to 80.040, inclusive.
2. An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not comply with the provisions of NRS 80.010 to 80.040, inclusive, within 45 days after the action or proceeding is commenced.
[2. Any person who acts as agent within this state of any corporation which fails to comply with the provisions of NRS 80.010 to 80.040, inclusive, is personally and individually liable to a fine of not less than $500.]
κ1993 Statutes of Nevada, Page 987 (CHAPTER 337, AB 387)κ
3. When the secretary of state is advised that a corporation is doing business in contravention of NRS 80.010 to 80.040, inclusive, he shall report that fact to the governor. The governor shall, as soon as practicable, instruct the district attorney to the county where the corporation has its principal place of business or the attorney general, or both, to institute proceedings to recover any applicable fine provided for in this section.
Sec. 71. NRS 81.020 is hereby amended to read as follows:
81.020 1. The corporation may or may not have capital stock, and its business [shall] must be operated for the mutual benefit of the members thereof.
2. No member of the cooperative corporation [shall] may have more than one vote in the management of its affairs. Meetings of the association or meetings of the board of directors may be held in or outside this state.
3. The corporation shall not pay dividends on stock or membership certificates in excess of 8 percent per annum.
4. The corporation or association, as it may be called, may deal in the products of nonmembers, but not to an amount greater in value than such as are handled by it for members.
Sec. 72. NRS 81.040 is hereby amended to read as follows:
81.040 Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The [address or location, including the county and city or town, where its principal business will be transacted; but other meetings of the association or meetings of the board of directors may be held within or without the state.] name of the natural person or corporation designated as the resident agent, the street address for the service of process, and the mailing address if different from the street address.
4. The term for which it is to exist, which may be perpetual.
5. If formed with stock, the amount of its stock and the number and par value, if any, and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.
6. The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.
7. Whether the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.
8. The name and post office box or street address, either resident or business, of each of the incorporators executing the articles of incorporation.
Sec. 73. NRS 81.060 is hereby amended to read as follows:
81.060 1. The articles of incorporation must be:
(a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.
κ1993 Statutes of Nevada, Page 988 (CHAPTER 337, AB 387)κ
(b) Acknowledge by each before a person authorized to take and certify acknowledgments of conveyances of real property.
(c) Filed , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.
2. If a corporation formed under NRS 81.010 to 81.160, inclusive, is authorized to issue stock there must be paid to the secretary of state for filing the articles of incorporation the fee applicable to the amount of authorized stock of the corporation which the secretary of state is required by law to collect upon the filing of articles of incorporation which authorize the [issue] issuance of stock.
3. The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts have been filed in his office.
4. Upon the issuance of the certificate by the secretary of state, the persons signing the articles and their associates and successors are a body politic and corporate. When so filed, the articles of incorporation or certified copies thereof must be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.
Sec. 74. NRS 81.200 is hereby amended to read as follows:
81.200 1. Every association formed under NRS 81.170 to 81.270, inclusive, shall prepare articles of association in writing, setting forth:
(a) The name of the association.
(b) The purpose for which it is formed.
(c) The [address or location, including the county and city or town, where its principal business is to be transacted.] name of the natural person or corporation designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.
(d) The term for which it is to exist, which may be perpetual.
(e) The number of the directors thereof, and the names and residences of those selected for the first year.
(f) The amount which each member is to pay upon admission as a fee for membership, and that each member signing the articles has actually paid the fee.
(g) That the interest and right of each member therein is to be equal.
(h) The name and post office box or street address, either residence or business, of each of the persons executing the articles of association.
2. The articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state.
3. The articles so subscribed and acknowledged must be filed , together with a certificate of acceptance of appointment executed by the resident agent for the association, in the office of the secretary of state, who shall furnish a certified copy thereof. From the time of the filing in the office of the secretary of state, the association may exercise all the powers for which it was formed.
Sec. 75. NRS 81.210 is hereby amended to read as follows:
81.210 1. The purpose of the business may be altered, changed, modified, enlarged or diminished, or the articles of association amended, by a vote of two-thirds of all the members at a special election to be called for such purpose.
κ1993 Statutes of Nevada, Page 989 (CHAPTER 337, AB 387)κ
of two-thirds of all the members at a special election to be called for such purpose. Notice of the special election must be given in the same manner as the bylaws [shall] provide for the election of directors.
2. Upon amendment of the articles of association, a copy of the articles as amended [shall be duly] must be filed with the secretary of state . [, and a certified copy shall be filed or microfilmed by the county clerk.]
Sec. 76. NRS 81.440 is hereby amended to read as follows:
81.440 Each corporation formed under NRS 81.410 to 81.540, inclusive, shall prepare and file articles of incorporation in writing, setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The [address or location, including the county and city or town, where its principal business will be transacted.] name of the natural person or corporation designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.
4. The term for which it is to exist, which may be perpetual.
5. The number of directors thereof, which must be not less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors have been elected and have accepted office.
6. Whether the voting power and the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the voting power and the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.
7. The name and post office box or street address, either residence or business, of each of the incorporators executing the articles of incorporation.
Sec. 77. NRS 81.450 is hereby amended to read as follows:
81.450 1. The articles of incorporation must be:
(a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.
(b) Acknowledged by each before a person authorized to take and certify acknowledgments of conveyances of real property.
(c) Filed , together with a certificate of acceptance of appointment executed by the resident agent for the corporation, in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.
2. The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office.
3. Upon the issuance of the certificate by the secretary of state the persons signing the articles and their associates and successors are a body politic and corporate. When so filed, the articles of incorporation or certified copies thereof must be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.
κ1993 Statutes of Nevada, Page 990 (CHAPTER 337, AB 387)κ
Sec. 78. NRS 82.011 is hereby amended to read as follows:
82.011 Articles of incorporation and articles are synonymous terms and, unless the context otherwise requires, include all certificates filed pursuant to NRS 82.081, 82.346, 82.356 [, 82.366] and 82.371 and any agreement of merger filed pursuant to NRS 82.376 to 82.411, inclusive.
Sec. 79. NRS 82.021 is hereby amended to read as follows:
82.021 Corporation for public benefit is a corporation formed or existing pursuant to this chapter that:
1. Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code [of 1954] in effect on October 1, 1991, future amendments to that section and the corresponding provisions of future internal revenue laws; or
2. Is organized for a public or charitable purpose and which upon dissolution must distribute its assets to the United States, a state, or a person which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code as amended.
Sec. 80. NRS 82.036 is hereby amended to read as follows:
82.036 Receiver includes receivers and trustees appointed as provided in this chapter [.] and chapter 32 of NRS.
Sec. 81. NRS 82.041 is hereby amended to read as follows:
82.041 Registered office of a corporation means the office maintained [in this state as required by NRS 82.141.] at the street address of its registered agent.
Sec. 82. NRS 82.056 is hereby amended to read as follows:
82.056 [Any] A corporation having shares of stock which was organized before October 1, 1991, pursuant to any provision of chapter 81 of NRS may elect to accept this chapter in the following manner:
1. If there are members or stockholders entitled to vote thereon, the board of directors must adopt a resolution recommending that the corporation accept this chapter and adopt new articles of incorporation conforming to this chapter and any other statutes pursuant to which the corporation may have been organized and directing that the question of such acceptance and adoption be submitted to a vote [of] at an annual or special meeting of the members or stockholders entitled to vote thereon. Written notice stating that the purpose, or one of the purposes, of the meeting is to consider electing to accept this chapter and adopting new articles of incorporation must be given to each member and stockholder entitled to vote at [such] the meeting, within the time and in the manner provided in this chapter for the giving of notice of meetings of members. The election to accept this chapter and adopt new articles of incorporation require for adoption at least a majority of the votes which the members or stockholders present at [such] the meeting in person or by proxy are entitled to cast.
2. If there are no members or stockholders entitled to vote thereon, election to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter may be made at a meeting of the board of directors pursuant to majority vote of a quorum of the directors [in office.] present at the meeting.
Sec. 83. NRS 82.061 is hereby amended to read as follows:
82.061 1. A certificate of election to accept this chapter must be signed by the president or a vice president and by the secretary or an assistant secretary and acknowledged before a person authorized by the laws of this state to take acknowledgements of deeds and must set forth:
κ1993 Statutes of Nevada, Page 991 (CHAPTER 337, AB 387)κ
secretary and acknowledged before a person authorized by the laws of this state to take acknowledgements of deeds and must set forth:
(a) The name of the corporation.
(b) A statement by the corporation that it has elected to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter and any other statutes pursuant to which the corporation may have been organized.
(c) If there are members or stockholders entitled to vote thereon, a statement setting forth the date of the meeting of the members or stockholders at which the election to accept this chapter and adopt new articles was made, that a quorum was present at the meeting and that acceptance and adoption was authorized by at least a majority of the votes which the members or stockholders present at the meeting in person or by proxy were entitled to cast.
(d) If there are no members or stockholders entitled to vote thereon, a statement of that fact, the date of the meeting of the board of directors at which the election to accept and adopt was made, that a quorum was present at the meeting and that the acceptance and adoption were authorized by a majority vote of the directors present at the meeting.
(e) A statement that, in addition, the corporation followed the requirements of the law under which it was organized, its old articles of incorporation and its old bylaws so far as applicable in effecting the acceptance.
(f) A statement that the attached copy of the articles of incorporation of the corporation are the new articles of incorporation of the corporation.
(g) If the corporation has issued shares of stock, a statement of that fact including the number of shares theretofore authorized, the number issued and outstanding and that upon the effective date of the [certificates] certificate of acceptance the authority of the corporation to issue shares of stock is thereby terminated.
2. The certificate so signed and acknowledged must be filed in the office of the secretary of state.
Sec. 84. NRS 82.086 is hereby amended to read as follows:
82.086 The articles of incorporation must set forth:
1. The name of the corporation. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as Incorporated, Inc., Limited, Ltd., Company, Co., Corporation, Corp., or other word which identifies it as not being a natural person.
2. The name of the natural person or corporation designated as the corporations resident agent , [and] the resident agents street address where it maintains an office for service of process [.] , and the resident agents mailing address if different from the street address.
3. That the corporation is a nonprofit corporation.
4. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It is sufficient to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such a statement makes all lawful activities within the objects or purposes of the corporation.
κ1993 Statutes of Nevada, Page 992 (CHAPTER 337, AB 387)κ
5. Whether the members of the governing board are styled directors or trustees of the corporation, and the number, names and post office box or street addresses, residence or business, of the first board of directors or trustees, together with any desired provisions relative to the right to change the number of directors.
6. The names and post office [addresses,] box or street address, residence or business, of each of the incorporators signing the articles of incorporation.
[7. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.]
Sec. 85. NRS 82.096 is hereby amended to read as follows:
82.096 1. [Except as otherwise provided in subsection 2, the] The secretary of state shall refuse to accept for filing [in his office] the articles of any corporation whose name is the same as or deceptively similar to [:
(a) The name of any other corporation formed or incorporated in this state;
(b) The name of any foreign corporation authorized to transact business in this state;
(c) A name held reserved pursuant to NRS 78.040 or NRS 82.101;
(d) The name of any limited partnership formed in this state;
(e) The name of any foreign limited partnership authorized to transact business in this state; or
(f) A name held reserved pursuant to NRS 88.325.
2. The secretary of state shall accept for filing in his office the articles of a corporation whose name:
(a) Is the same or deceptively similar to that used by or reserved for another entity formed or authorized to transact business in this state; or
(b) Is the same as or deceptively similar to that used by a foreign corporation or foreign limited partnership authorized to transact business in this state, or reserved for such a use pursuant to NRS 88.325,
if the written acknowledged consent of the other entity to the use of the same accompanies the articles or certificate.
3.] the name of a for profit or nonprofit corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.
2. For the purposes of this section, [the name of one corporation is not in compliance with subsections 1 and 2 solely because its name] a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.
Sec. 86. NRS 82.101 is hereby amended to read as follows:
82.101 1. The secretary of state, when requested to do so, shall reserve, for a period of 90 days, the right to use any name available under NRS [78.039 and] 82.096 for the use of any proposed corporation. During the period, a name so reserved is not available for use by any for profit or nonprofit corporation , [or] limited partnership or limited-liability company without the written acknowledged consent of the person [, firm or corporation] at whose request the reservation was made.
κ1993 Statutes of Nevada, Page 993 (CHAPTER 337, AB 387)κ
without the written acknowledged consent of the person [, firm or corporation] at whose request the reservation was made.
2. The use by any for profit or nonprofit corporation , limited partnership or limited-liability company of a name in violation of NRS [78.039 and] 82.096 or subsection 1 of this section may be enjoined, even if the articles of incorporation or organization of the corporation or limited-liability company, or the certificate of limited partnership , have been filed by the secretary of state.
Sec. 87. NRS 82.116 is hereby amended to read as follows:
82.116 A copy of any articles of incorporation filed pursuant to this chapter, and certified by the secretary of state under his official seal, must be received in all courts and places as prima facie evidence of the facts therein stated [, and of evidence of the facts therein stated,] and of the existence and due incorporation of the corporation therein named.
Sec. 88. NRS 82.121 is hereby amended to read as follows:
82.121 1. [Any] A corporation:
(a) Has all the rights, privileges and powers hereby conferred.
(b) Has such rights, privileges and powers as may be conferred upon [such] corporations by any existing law.
(c) May at any time exercise those rights, privileges and powers, when not inconsistent with the provisions of this chapter, or with the purposes and objects for which the corporation is organized.
2. Every corporation, by virtue of its existence as such, may:
(a) Have succession by its corporate name for the period limited in its articles of incorporation, and when no period is limited, perpetually, or until it is dissolved and its affairs are wound up according to law.
(b) Sue and be sued in any court of law or equity.
(c) Makes contracts.
(d) Hold, purchase and convey real and personal estate and mortgage or lease any such real and personal estate with its franchises. The power to hold real and personal estate includes the power to take it by device or bequest in this state, or in any other state, territory or country.
(e) Appoint such officers and agents as the affairs of the corporation require, and allow them suitable compensation.
(f) Make bylaws not inconsistent with the constitution or laws of the United States, or of this state, for the management, regulation and government of its affairs and property, the transfer of its memberships, if any, the transaction of its business, and the calling and holding of meetings of its members, if any, or delegates, if any.
(g) Wind up and dissolve itself, or be wound up or dissolved, in the manner mentioned in this chapter.
[(h) Unless otherwise provided in the articles, engage in any lawful activity.]
Sec. 89. NRS 82.141 is hereby amended to read as follows:
82.141 1. Every corporation must have a resident agent in the manner provided in NRS 78.090, 78.095, subsections 1 to 4, inclusive, of NRS 78.097 and NRS 78.110. The resident agent shall comply with the provisions of those sections.
κ1993 Statutes of Nevada, Page 994 (CHAPTER 337, AB 387)κ
2. A corporation that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 82.161 and 82.166.
Sec. 90. NRS 82.146 is hereby amended to read as follows:
82.146 1. Each corporation [must,] shall, within 60 days after the filing of its articles of incorporation with the secretary of state [:
1. File a list of its officers and directors.
2. Pay] , and annually thereafter on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, certified by an officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $15.
Sec. 91. NRS 82.151 is hereby amended to read as follows:
82.151 1. [Each corporation shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $15.
3.] The secretary of state shall, 60 days before the last day for filing the annual list [required by subsection 1,] of officers and directors, cause to be mailed to each corporation which has not become delinquent the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by NRS 82.161.
2. An annual list of officers and directors for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 92. NRS 82.156 is hereby amended to read as follows:
82.156 1. Every list required to be filed under the provisions of this chapter must, after the name of each officer and director listed thereon, set forth his post office box or street address [.] , either residence or business.
2. If [such] these addresses are not thus set forth, the secretary of state may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of this chapter relating to failure to file such a list, unless the list is subsequently submitted for filing in conformance with the provisions of this chapter.
Sec. 93. NRS 82.161 is hereby amended to read as follows:
82.161 1. Each corporation that is required to make the filings and pay the fees prescribed in this chapter but refuses or neglects to do so within the time provided is in default.
2. For default, there [is] must be added to the amount of the fee a penalty of $5, and unless the filing is made and the fee and penalty are paid on or before the [1st] first day of the [9th] ninth month following the month in which the filing was required, the defaulting corporation, by reason of its default, forfeits [:
κ1993 Statutes of Nevada, Page 995 (CHAPTER 337, AB 387)κ
(a) The] the amount of the fee and penalty to the State of Nevada . [; and
(b) Its right to transact any business within this state.]
3. The fee and penalty must be collected as provided in this chapter.
Sec. 94. NRS 82.166 is hereby amended to read as follows:
82.166 1. On or before the 15th day of the [3rd] third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting corporations, together with the amounts of the filing fees, penalties and costs remaining unpaid.
2. [Immediately after the 1st] On the first day of the [9th] ninth month following the month in which filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.
3. The secretary of state shall compile a [full and] complete list containing the names of all corporations whose right to do business has been forfeited. The secretary of state shall [,] forthwith notify each corporation, by letter addressed to its president or secretary, [notify each corporation] of the forfeiture of its charter.
[3. If such a forfeiture of a]
4. If the charter of a corporation is revoked and the right to transact business [occurs,] is forfeited, all the property and assets of the defaulting corporation must be held in trust by its directors, as for insolvent corporations, and the same proceedings may be had [as are applicable] with respect to its property and assets as apply to insolvent corporations. Any interested person may institute those proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter, the proceedings must be dismissed [at once] and all property restored to the officers of the corporation.
[4.] 5. If the corporate assets are distributed, they must be applied to:
(a) The payment of the filing fee, penalties and costs due to the state; and
(b) The payment of the creditors of the corporation.
Any balance remaining must be distributed as set forth in the articles or bylaws or, if no such provisions exist, among the members of the corporation.
Sec. 95. NRS 82.171 is hereby amended to read as follows:
82.171 1. [Subject to the provisions of] Except as otherwise provided in subsections 3 and 4, the secretary of state [may:
(a) Reinstate] shall reinstate any corporation which has forfeited its right to transact business under the provisions of this chapter [; and
(b) Restore its] shall restore the right to carry on business in this state and exercise its corporate privileges and immunities, [upon the filing with him of an affidavit stating the reason for the revocation of its charter, and upon payment to him of] if it:
(a) Files with the secretary of state the list and designation required by NRS 82.146; and
(b) Pays to the secretary of state all filing fees, fees for licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, [and also] all filing fees, fees for licenses and penalties which have accrued since the revocation of its charter [.] , and a fee of $25 for reinstatement.
κ1993 Statutes of Nevada, Page 996 (CHAPTER 337, AB 387)κ
2. When the secretary of state reinstates the corporation to its former rights, he shall:
(a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and
(b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement. [Additional copies may be purchased for $5 each.]
3. The secretary of state shall not order a reinstatement [of a corporation] unless all delinquent fees, penalties and costs have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees, penalties and costs . [and all its delinquent fees, penalties and costs have been paid.]
4. If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.
Sec. 96. NRS 82.176 is hereby amended to read as follows:
82.176 1. Except as otherwise provided in subsection 2, if [any corporation is suspended from doing business] a corporations charter is revoked under the provisions of this chapter or any previous act of the legislature of Nevada and the name of the corporation, or one [which cannot be distinguished from it, is] deceptively similar to it has been legally acquired by another for profit or nonprofit corporation , [or] a limited partnership or a limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or is reserved for its use before the application for reinstatement of the defaulting corporation, that corporation shall, in its application for reinstatement, submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If that name [can be distinguished] is not the same as or deceptively similar to a name registered or reserved upon the records in the office of the secretary of state [from the names reserved or otherwise in use, the secretary of state] , he shall issue to the defaulting corporation a certificate of reinstatement under that new name.
2. If the defaulting corporation submits the written acknowledged consent of the [entity reserving or using a name which is deceptively similar to the defaulting corporations old name or a new name it has submitted,] holder of a registered or reserved name to use the same name or a name which is deceptively similar to the registered or reserved name, it may be reinstated under that name.
3. For the purposes of this section, [the name of one corporation is not in compliance with subsection 1 solely because its name] a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark or a trade-mark or a trade name, or any combination of those.
Sec. 97. NRS 82.196 is hereby amended to read as follows:
82.196 Every corporation must be managed by a board of directors or trustees, all of whom must be at least 18 years of age. [A corporation for public benefit must have at least five directors or trustees. All other corporations] Every corporation must have at least one director or trustee. All corporations may provide in their articles or bylaws for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased.
κ1993 Statutes of Nevada, Page 997 (CHAPTER 337, AB 387)κ
corporations may provide in their articles or bylaws for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased. Unless otherwise provided in the articles, directors need not be members. [Only one officer or employee of a corporation for public benefit who is receiving a regular salary from the corporation may serve on the board at any one time.] The articles or bylaws may provide that some or all the directors or trustees must be chosen by specified persons or by public officials.
Sec. 98. NRS 82.211 is hereby amended to read as follows:
82.211 1. Every corporation must have a president or a chairman of the board, a secretary and a treasurer. [All must be chosen by the board of directors and hold their offices until their successors are chosen and qualify.]
2. Every corporation may also have one or more vice presidents, assistant secretaries and assistant treasurers, and such other officers and agents as may be deemed necessary.
3. All officers must be natural persons and must be chosen in such manner, hold their offices for such terms and have such powers and duties as may be prescribed by the bylaws or determined by the board of directors. [A chairman of the board of a corporation for public benefit shall not accept a regular salary from the corporation for serving in that capacity.]
4. An officer holds office after the expiration of his term until a successor is chosen or until his resignation or removal before the expiration of his term. A failure to elect officers does not require the corporation to be dissolved. Any vacancy occurring in an office of the corporation by death, resignation, removal or otherwise, must be filled as the bylaws provide, or in the absence of such a provision, by the board of directors.
5. Any natural person may hold two or more offices.
Sec. 99. NRS 82.221 is hereby amended to read as follows:
82.221 1. Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation.
2. In performing their respective duties, directors and officers are entitled to rely on information, opinions, reports, books of account [,] or statements, including financial statements and other financial data, that are prepared or presented by:
(a) One or more directors, officers [,] or employees of the corporation reasonably believed to be reliable and competent in the matters prepared or presented;
(b) Counsel, public accountants [,] or other persons as to matters reasonably believed to be within the preparer or presenters professional or expert competence; or
(c) A committee [of the directors] upon which the person relying thereon does not serve, established in accordance with NRS 82.206 as to matters within the committees designated authority and matters on which the committee is reasonably believed to merit confidence,
but a director or officer is not entitled to rely on such information, opinions, reports, books of account [,] or statements if he has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.
κ1993 Statutes of Nevada, Page 998 (CHAPTER 337, AB 387)κ
3. A director or officer must not be found to have failed to exercise his powers in good faith and with a view to the interests of the corporation unless it is proved by clear and convincing evidence that he has not acted in good faith and in a manner reasonably believed by him to be with a view to the interests of the corporation.
4. [The articles of incorporation may contain a provision eliminating or limiting the personal liability of a director or officer to the corporation or its members for damages for breach of fiduciary duty as a director or officer, but such a provision must not eliminate or limit the liability of a director or officer for:
(a) Acts or omission which involve intentional misconduct, fraud or a knowing violation of law;
(b) The payment of distributions in violation of NRS 82.136; or
(c) An action or proceeding brought pursuant to NRS 82.536 or chapter 35 of NRS.
5.] Except as otherwise provided in the articles of incorporation or NRS 82.136 and 82.536 and chapter 35 of NRS, no action may be brought against an officer or director of a corporation based on any act or omission arising from failure in his official capacity to exercise due care regarding the management or operation of the corporation unless the act or omission involves intentional misconduct, fraud [,] or knowing violation of the law . [or the failure of a director or officer of a corporation for public benefit to review information, opinions, reports, books of account or statements, including financial statements and other financial information, submitted to him for review.]
5. The articles of incorporation may impose greater liability on a director or officer of a corporation than that imposed by subsection 4.
Sec. 100. NRS 82.226 is hereby amended to read as follows:
82.226 1. No contract or other transaction between a corporation and one or more of its directors or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is void or voidable solely for this reason or solely because any such director [of] or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:
(a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose as provided in this chapter, the articles or the bylaws without counting the vote or votes of the common or interested director or directors.
(b) The fact of the common directorship or financial interest is disclosed or known to the members, if any, and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose as provided in this chapter, the articles or the bylaws. The votes of the common or interested directors or officers must be counted in any such vote of members.
κ1993 Statutes of Nevada, Page 999 (CHAPTER 337, AB 387)κ
(c) The fact of the common directorship or financial interest is not disclosed or known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.
(d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.
2. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
3. Unless otherwise provided in the articles or the bylaws, the board of directors [of corporations other than corporations for public benefit] may fix the compensation of directors for services in any capacity. [A director of a corporation for public benefit shall not accept a regular salary from the corporation unless he is also an officer or employee of the corporation who receives a salary for his position as an officer or employee.]
Sec. 101. NRS 82.226 is hereby amended to read as follows:
82.226 1. No contract or other transaction between a corporation and one or more of its directors or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is void or voidable solely for this reason or solely because any such director or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:
(a) The fact of the common directorship , office or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose [as provided in this chapter, the articles or the bylaws] without counting the vote or votes of the common or interested director or directors.
(b) The fact of the common directorship , office or financial interest is disclosed or known to the members, if any, and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose . [as provided in this chapter, the articles or the bylaws.] The votes of the common or interested directors or officers must be counted in any such vote of members.
(c) The fact of the common directorship or financial interest is not disclosed or known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.
(d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.
2. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
κ1993 Statutes of Nevada, Page 1000 (CHAPTER 337, AB 387)κ
meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.
3. Unless otherwise provided in the articles or the bylaws, the board of directors may fix the compensation of directors for services in any capacity.
Sec. 102. NRS 82.271 is hereby amended to read as follows:
82.271 1. Unless the articles or the bylaws provide for a [lesser] different proportion, a majority of the board of directors or delegates of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business at their respective meetings, and the act of a majority of the directors or delegates present at a meeting at which a quorum is present is the act of the board of directors or delegates.
2. Unless otherwise restricted by the articles or bylaws, any action required or permitted to be taken at any meeting of the board of directors or the delegates or of any committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by a majority of the board of directors or the delegates or of such committee. If the vote of a [greater] different proportion of the directors or delegates is required for an action, then the [greater] different proportion of written consents is required. The written consent must be filed with the minutes of proceedings of the board, the delegates or the committee.
3. Unless otherwise restricted by the articles or bylaws, members of the board of directors, the delegates or of any committee designated by the board or the delegates may participate in a meeting by [a] means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.
Sec. 103. NRS 82.276 is hereby amended to read as follows:
82.276 1. Unless otherwise provided in the articles or bylaws, any action which may be taken by the vote of members at a meeting may be taken without a meeting if authorized by the written consent of members holding at least a majority of the voting power, except that:
(a) If any greater proportion of voting power is required for such an action at a meeting, then the greater proportion of written consents is required; and
(b) This general provision for action by written consent does not supersede any specific provision for action by written consent contained in this chapter.
2. In no instance where action is authorized by written consent need a meeting of members be called or notice given. The written consent must be filed with the minutes of proceedings of the members.
3. Unless otherwise restricted by the articles or bylaws, members may participate in a meeting by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.
Sec. 104. NRS 82.286 is hereby amended to read as follows:
82.286 1. If a corporation has members entitled to vote for the election of directors, or for the election of delegates who vote for the election of directors, unless elected pursuant to NRS 82.271 [,] or 82.276, and subject to subsection 2, the directors or delegates of every corporation must be chosen at the annual meeting of the members or delegates, to be held on a date and at a time and in the manner provided for in the bylaws, by a plurality of the votes cast at the election.
κ1993 Statutes of Nevada, Page 1001 (CHAPTER 337, AB 387)κ
a time and in the manner provided for in the bylaws, by a plurality of the votes cast at the election. If for any reason the directors are not elected pursuant to NRS 82.271 or 82.276 or at the annual meeting of the members or delegates, they may be elected at any special meeting of the members which is called and held for that purpose.
2. The articles or bylaws may provide for the classification of directors as to their respective terms of office, their election by one or more authorized classes or series of members or delegates, their election by members or delegates in geographic areas, districts or precincts, and their election annually by ballot instead of at an annual meeting.
Sec. 105. NRS 82.291 is hereby amended to read as follows:
82.291 Unless otherwise provided in the articles or bylaws, a quorum for a meeting of members is 10 percent of the voting power of the members entitled to vote [at the meeting.] and a quorum for a meeting of delegates is a majority of the voting power of the delegates. An amendment to the bylaws to increase the quorum required for any action by the members or delegates must be approved by the members. [A quorum for a meeting of delegates is a majority of the voting power of the delegates.]
Sec. 106. NRS 82.306 is hereby amended to read as follows:
82.306 1. If any corporation fails to elect directors within 18 months after the last election of directors required by NRS 82.286, the district court has jurisdiction in equity, upon application of any one or more of the members of the corporation representing 10 percent of the voting power of the members entitled to vote for the election of directors or for the election of delegates who are entitled to elect directors, or 50 members, whichever is less, to order the election of directors as required by NRS 82.286.
2. The application must be made by petition filed in the county where the registered office of the corporation is located and must be brought on behalf of all members desiring to be joined therein. Such notice must be given to the corporation and the members as the court may direct.
[3. The appointees of the court have the same rights, powers and duties and the same tenure of office possessed by the directors elected by the members at the next annual meeting after the date of the courts appointment.]
Sec. 107. NRS 82.336 is hereby amended to read as follows:
82.336 1. A corporation having members entitled to vote on the matter involved must hold a special meeting of delegates or members if:
(a) The board of directors or persons authorized to do so by the articles or bylaws demand such a meeting; or
(b) At least 5 percent of the members demand such a meeting.
The demand must state the purpose for the meeting. Those making the demand on the corporation must sign, date and deliver their demand to the president, chairman of the board or the treasurer of the corporation. The corporation must then immediately give notice of a special meeting of delegates or members as set forth in subsections 2 to 7, inclusive.
2. Whenever under the provisions of this chapter delegates or members are required or authorized to take any action at a meeting, the notice of the meeting must be in writing and signed by the president or the chairman of the board or a vice president, or the secretary, or an assistant secretary, or by such other person or persons as the bylaws may prescribe or permit or the directors designate.
κ1993 Statutes of Nevada, Page 1002 (CHAPTER 337, AB 387)κ
such other person or persons as the bylaws may prescribe or permit or the directors designate.
3. The notice must state the purpose or purposes for which the meeting is called and the time when, and the place, which may be within or without this state, where it is to be held.
4. A copy of the notice must be delivered personally, or must be mailed postage prepaid, to each delegate or member, as the case may be, entitled to vote at the meeting not less than 10 nor more than 60 days before such meeting. If mailed, it must be directed to the person at his address as it appears upon the [record] records of the corporation. Upon the mailing of any notice the service thereof is complete, and the time of the notice begins to run from the date upon which the notice is deposited in the mail for transmission to the person. Personal delivery of the notice to any officer of a corporation or association, or to any member of a partnership, constitutes delivery of the notice to the corporation, association or partnership.
5. The articles or bylaws may require that the notice be also published in one or more newspapers.
6. Notice duly delivered or mailed to a delegate or member in accordance with the provisions of this section and the provisions, if any, of the articles or bylaws is sufficient, and in the event of the transfer of a membership after the delivery or mailing and before the holding of the meeting it is not necessary to deliver or mail notice of the meeting to the transferee.
7. Any delegate or member may waive notice of any meeting by a writing signed by him, or his duly authorized attorney, either before or after the meeting.
8. Unless otherwise provided in the articles or bylaws, whenever notice is required to be given, under any provision of this chapter or the articles or bylaws of any corporation, to any member to whom notice of two consecutive annual meetings, and all notices of meetings or of the taking of action by written consent without a meeting to him during the period between those two consecutive annual meetings, have been mailed addressed to him at his address as shown on the records of the corporation and have been returned undeliverable, the giving of further notices to him is not required. Any action or meeting taken or held without notice to that person has the same force and effect as if the notice had been given. If any such person delivers to the corporation a written notice setting forth his current address, the requirement that notice be given to him is reinstated. If the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this Title, the certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.
Sec. 108. NRS 82.346 is hereby amended to read as follows:
82.346 1. If the first [or organizational] meeting of the directors has not taken place and if there are no members, a majority of the incorporators of [any] a corporation may amend the original articles by executing and acknowledging or proving in the manner required for original articles, and filing with the secretary of state, a certificate amending, modifying, changing or altering the original articles, in whole or in part. The certificate must:
(a) Declare that the signers thereof are a majority of the original incorporators of the corporation; [and]
κ1993 Statutes of Nevada, Page 1003 (CHAPTER 337, AB 387)κ
(b) State the date upon which the original articles were filed with the secretary of state [.] ; and
(c) Affirmatively declare that to the date of the certification no meeting of the directors has taken place and the corporation has no members other than the incorporators.
2. The amendment is effective upon the filing of the certificate with the secretary of state.
3. This section does not permit the insertion of any matter not in conformity with this chapter.
4. The secretary of state [may] shall charge the fee allowed by law for filing the amended certificate of incorporation.
Sec. 109. NRS 82.351 is hereby amended to read as follows:
82.351 1. [Any] A corporation whose directors have held a first meeting or which has members who are not incorporators may amend its articles in any of the following respects:
(a) By addition to its corporate powers and purposes, or diminution thereof, or both.
(b) By substitution of other powers and purposes, in whole or in part, for those prescribed by its articles of incorporation.
(c) By changing the name of the corporation.
(d) By making any other change or alteration in its articles of incorporation that may be desired.
2. All such changes or alterations may be effected by one certificate of amendment. [Any articles] Articles so amended, changed or altered may contain only such provisions as it would be lawful and proper to insert in original articles, pursuant to NRS 82.086 and 82.091 or the other statutes governing the contents of the corporations articles, if the original articles were executed, acknowledged and filed at the time of making the amendment.
Sec. 110. NRS 82.356 is hereby amended to read as follows:
82.356 1. Every amendment adopted pursuant to the provisions of NRS 82.351 must be made in the following manner:
(a) The board of directors must adopt a resolution setting forth the amendment proposed, approve it and, if the corporation has members entitled to vote on an amendment to the articles, call a meeting, either annual or special, of the members. The amendment must also be approved by every public official or other person whose approval of an amendment of articles is required by the articles.
(b) At the meeting of members, of which notice must be given to each member entitled to vote pursuant to the provisions of this section, a vote of the members entitled to vote in person or by proxy must be taken for and against the proposed amendment. A majority of a quorum of the voting power of the members or such greater proportion of the voting power of members as may be required in the case of a vote by classes, as provided in subsection 3, or as may be required by the articles, must vote in favor of the amendment.
(c) Upon approval of the amendment by the directors, or if the corporation has members entitled to vote on an amendment to the articles, by both the directors and those members, and such other persons or public [officials,] officers, if any, as are required to do so by the articles, the chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, must execute a certificate setting forth the amendment, or setting forth the articles as amended, that the public [officials] officers or other persons, if any, required by the articles have approved the amendment, and the vote of the members and directors by which the amendment was adopted.
κ1993 Statutes of Nevada, Page 1004 (CHAPTER 337, AB 387)κ
secretary, must execute a certificate setting forth the amendment, or setting forth the articles as amended, that the public [officials] officers or other persons, if any, required by the articles have approved the amendment, and the vote of the members and directors by which the amendment was adopted. The chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, must acknowledge the certificate before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds.
(d) The certificate so executed and acknowledged, must be filed in the office of the secretary of state.
2. Upon filing the certificate, the articles of incorporation are amended accordingly.
3. If any proposed amendment would alter or change any preference or any relative or other right given to any class of members, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of a majority of a quorum of the voting power of each class of members affected by the amendment regardless of limitations or restrictions on their voting power.
4. In the case of any specified amendments, the articles may require a larger vote of members than that required by this section.
Sec. 111. NRS 82.371 is hereby amended to read as follows:
82.371 1. A corporation may restate, or amend and restate, in a single certificate the entire text of its articles as amended by filing with the secretary of state a certificate entitled Restated Articles of Incorporation of ........................., which must set forth the articles as amended to the date of the certificate. If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments and must be accompanied by:
(a) A resolution; or
(b) A form prescribed by the secretary of state,
setting forth which provisions of the articles of incorporation on file with the secretary of state are being altered or amended.
2. If the certificate does not alter or amend the articles, it must be signed by the chairman of the board [,] or the president or vice president , and the secretary or assistant secretary , of the corporation and must be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles as amended to the date of the certificate.
3. The signatures and acknowledgments of the incorporators may be omitted from the restated articles.
4. Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed after the restated articles and certified copies of all certificates supplementary to the original articles.
κ1993 Statutes of Nevada, Page 1005 (CHAPTER 337, AB 387)κ
Sec. 112. NRS 82.396 is hereby amended to read as follows:
82.396 1. If a constituent corporation governed by this chapter has members entitled to vote on mergers, the agreement must be submitted to the members of each constituent corporation having such members at a meeting called for that purpose or to such members for a vote by written ballot pursuant to NRS 82.326. Notice of the time, place and object of each meeting must be given in the manner required by NRS 82.336 to each member of each of the constituent corporations.
2. At each meeting the agreement must be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement. The agreement must be approved by a majority of a quorum of the votes of members entitled to vote thereon unless a class of members of a constituent corporation are entitled to vote thereon as a class. If a class of members is so entitled, the agreement must be approved by a majority of a quorum of the votes of each class entitled to vote thereon as a class. Members of a class of any constituent corporation are entitled to vote as a class if the agreement contains a provision that, if contained in a proposed amendment to its articles, would entitle those members to vote as a class. The agreement must also be approved by each public [official] officer or other person whose approval is required by the corporations articles. The secretary or assistant secretary of each constituent corporation must certify the approval of the agreement by the members and by the public [officials] officers or other persons and attach the certification to the agreement.
3. A constituent corporation governed by this chapter which has no members may merge if its board of directors adopts a resolution approving the agreement and each person or public [official] officer whose approval is required by its articles approves the agreement.
4. The agreement so adopted and certified must be signed by the chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, of each constituent corporation governed by this chapter, and acknowledged by the chairman of the board [,] or the president and vice president of each constituent corporation before a person authorized by the laws of this state to take acknowledgments of deeds.
5. The agreement so certified and acknowledged must be filed in the office of the secretary of state, and is the agreement and act of merger of the constituent corporations. Unless a later effective date is specified in the agreement, the merger is effective when the agreement is filed. The effective date must not be more than 90 days after the agreement is filed.
6. A certified copy of the agreement is prima facie evidence of the performance of all conditions precedent to the merger and of the continued existence of the surviving corporation.
7. The articles of a corporation governed by this chapter may require a larger vote of directors or members for the approval of a merger agreement than the vote required by this section.
Sec. 113. NRS 82.406 is hereby amended to read as follows:
82.406 1. All constituent corporations must enter into an agreement in writing which must prescribe:
(a) The terms and conditions of the merger.
(b) The mode of carrying the merger into effect.
κ1993 Statutes of Nevada, Page 1006 (CHAPTER 337, AB 387)κ
(c) The manner of converting the memberships or shares of each of the constituent corporations into memberships or shares or other securities of the surviving corporation and the other consideration which the holders of memberships or shares in the constituent corporations may receive in exchange for, or upon the conversion of, those memberships or shares, or the certificates evidencing them, which may be in addition to or in lieu of memberships or shares or other securities of the surviving corporation.
(d) If the surviving corporation is a foreign corporation, the address of the surviving corporation where copies of process may be sent by the secretary of state.
(e) Such other details and provisions as are deemed necessary or proper, including any of the provisions permitted by NRS 82.381 and 82.386.
2. The agreement must also set forth such other facts as are required in articles of incorporation by the laws of the state or foreign country, which are stated in the agreement to be the laws that govern the surviving corporation.
3. If the surviving corporation is a corporation organized under the laws of this state, the agreement must state any matters with respect to which the articles of the surviving corporation are to be amended, and the articles are amended accordingly upon the effective date of the merger.
Sec. 114. NRS 82.416 is hereby amended to read as follows:
82.416 1. If the surviving corporation [will be governed by the laws of a state other than this state or by the laws of a foreign country, it must agree that it may be served with] is a foreign corporation, when the merger takes effect the surviving foreign corporation shall be deemed to appoint the secretary of state as its agent for service of process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, before the merger, under the laws of this state . [, and must irrevocably appoint the secretary of state as its agent to accept service of process.]
2. Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of $10 for accepting and transmitting the process. The secretary of state [must] shall forthwith send by registered or certified mail one of the copies to the surviving corporation at its specified address, unless the surviving corporation has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.
Sec. 114.5. NRS 82.446 is hereby amended to read as follows:
82.446 1. A corporation may be dissolved and its affairs wound up voluntarily by the written request of a majority of the members and any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. The request must:
(a) Be addressed to the directors.
(b) Specify reasons why the winding up of affairs of the corporation is deemed advisable.
(c) Name three persons who are members to act as trustees in liquidation and in winding up the affairs of the corporation. The act of a majority of the directors as trustees remaining in office is the act of the directors as trustees.
κ1993 Statutes of Nevada, Page 1007 (CHAPTER 337, AB 387)κ
2. Upon filing of the request with the directors and in the offices of the secretary of state, [and, if the corporation is a corporation for public benefit, upon mailing a copy of the request to the attorney general by registered mail, return receipt requested,] all powers of the directors cease. The secretary of state shall issue a certificate that the corporation is dissolved.
Sec. 115. NRS 82.451 is hereby amended to read as follows:
82.451 1. A corporation may be dissolved and its affairs wound up voluntarily if the board of directors adopts a resolution to that effect and calls a meeting of the members entitled to vote to take action upon the resolution. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. The meeting of the members must be held with due notice. If at the meeting the members entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a copy of the resolution, together with a list of the names and residences of the directors and officers, certified by the chairman of the board, president or vice president, and the secretary or an assistant secretary must be filed in the office of the secretary of state.
2. If a corporation has no members entitled to vote upon a resolution calling for the dissolution of the corporation, the corporation may be dissolved and its affairs wound up voluntarily by the board of directors if it adopts a resolution to that effect. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. A copy of the resolution and a list of the officers and directors, certified as provided in subsection 1, must be filed in the office of the secretary of state.
3. [If the corporation is a corporation for public benefit, a copy of the resolution and list as filed with the secretary of state must be mailed to the attorney general by registered mail, return receipt requested.
4.] Upon filing of the resolution or request in the office of the secretary of state, the secretary of state shall issue a certificate that the corporation is dissolved.
[5.] 4. Upon the dissolution of any corporation under the provisions of this section or upon the expiration of its period of corporate existence, the directors are the trustees of the corporation in liquidation and in winding up the affairs of the corporation. The act of a majority of the directors as trustees remaining in office is the act of the directors as trustees.
Sec. 116. NRS 82.461 is hereby amended to read as follows:
82.461 [1. No assets may be transferred or conveyed by a corporation for public benefit as a part of its dissolution until 30 days after it has given notice to the attorney general pursuant to NRS 82.446 and 82.451.
2.] The directors, trustees, receivers or those persons appointed or authorized to act in liquidation of a dissolved corporation shall:
[(a)] 1. Wind up the corporation;
[(b)] 2. Realize upon its assets;
[(c)] 3. Pay its debts; and
[(d)] 4. Distribute the residue of its money and property as follows:
[(1)] (a) Assets held by the corporation on the condition that upon dissolution they be returned, transferred or conveyed must be returned, transferred or conveyed as required;
κ1993 Statutes of Nevada, Page 1008 (CHAPTER 337, AB 387)κ
[(2)] (b) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance upon dissolution, must be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution;
[(3)] (c) Other assets, if any, must be distributed in accordance with the provisions of the articles or the bylaws to the extent the articles or bylaws determine the distribution of assets; and
[(4)] (d) Any remaining assets may be distributed to the members and such persons, societies, organizations or domestic or foreign corporations, whether or not for profit, as may be specified in the plan of distribution.
Sec. 117. NRS 82.516 is hereby amended to read as follows:
82.516 After payment of all allowances, expenses and costs, and the satisfaction of all special and general liens upon the [funds] money of the corporation to the extent of their lawful priority, the creditors must be paid proportionately to the amount of their respective debts, except mortgagees and judgment creditors when the judgment has not been by confession for the purpose of preferring creditors. The creditors are entitled to distribution on debts not due, making in such case a rebate of interest, when interest is not accruing on the debts. The surplus, if any, after payment of the creditors and the costs, expenses and allowances, must be distributed as provided in [paragraph (d) of subsection 2] subsection 4 of NRS 82.461.
Sec. 118. NRS 82.531 is hereby amended to read as follows:
82.531 1. The fee for filing articles of incorporation , [and] amendments to articles of incorporation and documents for dissolution is $25 for each document.
2. Except as otherwise provided in NRS 82.146 [, 82.151, 82.161] and 82.171 and subsection 1 of this section, the fees for filing documents are those set forth in NRS 78.765 to [78.775,] 78.785, inclusive.
Sec. 119. Chapter 84 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The fee for filing articles of incorporation, amendments to articles of incorporation and documents for dissolution is $25 for each document.
2. Except as otherwise provided in subsection 1, the fees set forth in NRS 78.785 apply to this chapter.
Sec. 120. NRS 84.020 is hereby amended to read as follows:
84.020 [Any person being the] An archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, [or] other presiding officer [,] or clergyman [, of any] of a church or religious society or denomination, who [may have been duly] has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of [a] the church or religious society [,] or denomination, and in whom [shall be] is vested the legal title to property held for the purposes, use or benefit of [such] the church or religious society [,] or denomination, may make and subscribe written articles of incorporation, in duplicate, acknowledge the [same] articles before a person authorized to take acknowledgments [,] and file one [of such] original of the articles , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state [,] and retain possession of the other.
κ1993 Statutes of Nevada, Page 1009 (CHAPTER 337, AB 387)κ
such] original of the articles , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state [,] and retain possession of the other.
Sec. 121. NRS 84.030 is hereby amended to read as follows:
84.030 The articles of incorporation [shall] must specify:
1. The name of the corporation, which must be the name of the person making and subscribing the articles and the title of his office in the church or religious society, naming it if desired, and followed by the words and his successors, a corporation sole, or the title of his office in [such] the church or religious society, naming it if desired, and followed by the words and his successors, a corporation sole.
2. The object of the corporation.
3. The title of the person making the articles, and the manner in which any vacancy occurring in the incumbency of an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, [or] other presiding officer [,] or clergyman is required by the rules, regulations or discipline of such church, society or denomination to be filled.
4. The name of the natural person or corporation designated as the corporations resident agent, the street address for the service of process, and the mailing address if different from the street address.
Sec. 122. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 123 to 132, inclusive, of this act:
Sec. 123. Participating member means a member who has the right to participate in the management of the business and affairs of the company.
Sec. 124. 1. The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available under NRS 86.171, for the use of any proposed limited-liability company. During the period, a name so reserved is not available for use by any corporation, limited partnership or limited-liability company without the consent of the person at whose request the reservation was made.
2. The use by any corporation, limited partnership or limited-liability company of a name in violation of NRS 86.171 or subsection 1 of this section may be enjoined, notwithstanding the fact that the articles of incorporation or organization of the corporation or limited-liability company or the certificate of limited partnership may have been filed by the secretary of state.
Sec. 125. 1. Signed and acknowledged duplicate originals of any certificates of amendment, or two certified copies of any judicial decree of amendment, must be delivered to the secretary of state. A person who executes a certificate as an agent, officer or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall:
(a) Endorse on each duplicate original the word Filed and the day, month and year of the filing thereof;
(b) File one duplicate original in his office; and
(c) Return the other duplicate original or copy to the person who filed it or that persons representative.
κ1993 Statutes of Nevada, Page 1010 (CHAPTER 337, AB 387)κ
2. Upon the filing of a certificate of amendment or judicial decree of amendment in the office of the secretary of state, the articles of organization are amended as set forth therein.
Sec. 126. 1. Each limited-liability company shall, on or before the last day of the month in which the anniversary date of formation occurs in each year, file with the secretary of state a list of its managers or, if none, its members, and a designation of its agent for service of process in this state, certified by a manager or, if none, a member of the company.
2. Upon filing the list of managers or members and designation of agent for service of process, the limited-liability company shall pay to the secretary of state a fee of $85.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited-liability company required to comply with the provisions of this section, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any company to receive the forms does not excuse it from the penalty imposed by law.
4. An annual list of managers or members and designation of agent for service of process for a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.
Sec. 127. When the fee for filing the annual list of managers or members and designation of agent for service of process has been paid, the canceled check received by the limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year. If the company desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
Sec. 128. 1. Every list required to be filed under the provisions of section 126 of this act, must, after the name of each manager and member listed thereon, set forth the post office box or street address, either residence or business, of each manager or member.
2. If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the list, and the limited-liability company for which the list has been offered for filing is subject to the provisions of sections 129 and 130 of this act, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.
Sec. 129. 1. Each limited-liability company required to make a filing and pay the fee prescribed in section 126 of this act, which refuses or neglects to do so within the time provided is in default.
2. For default there must be added to the amount of the fee a penalty of $15, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting company, by reason of its default, forfeits the amount of the fee and penalty to the State of Nevada. The fee and penalty must be collected as provided in this chapter.
κ1993 Statutes of Nevada, Page 1011 (CHAPTER 337, AB 387)κ
Sec. 130. 1. On or before the 15th day of the third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting limited-liability companies, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. On the first day of the ninth month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.
3. The secretary of state shall compile a complete list containing the names of all limited-liability companies whose right to do business has been forfeited. The secretary of state shall forthwith notify each limited-liability company by letter addressed to a manager or, if none, then to a member of the company, of the forfeiture of its charter.
4. If the charter of a limited-liability company is revoked and the right to transact business is forfeited, all of the property and assets of the defaulting company must be held in trust by the managers or, if none, by the members of the company, and the same proceedings may be had with respect to its property and assets as apply to the dissolution of a limited-liability company. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter the proceedings must be dismissed and all property restored to the company.
5. If the assets are distributed they must be applied in the following manner:
(a) To the payment of the filing fee, penalties and costs due to the state; and
(b) To the payment of the creditors of the company.
Any balance remaining must be distributed among the members as provided in subsection 1 of NRS 86.521.
Sec. 131. 1. Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business under the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:
(a) Files with him the list and designation required by section 126 of this act; and
(b) Pays to him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, all filing fees, licenses and penalties which have accrued since the revocation of its charter, and a fee of $50 for reinstatement.
2. When the secretary of state reinstates the limited-liability company, he shall:
(a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.
3. The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees, penalties and costs.
κ1993 Statutes of Nevada, Page 1012 (CHAPTER 337, AB 387)κ
4. If a companys charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
Sec. 132. 1. Except as otherwise provided in subsection 2, if a limited-liability companys charter is revoked under the provisions of this chapter and the name of the limited-liability company, or one deceptively similar to it, has been legally acquired or reserved by another limited-liability company, a limited partnership or a corporation existing under the laws of this state or foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or is a name the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting limited-liability company for reinstatement, the defaulting company shall in its application for reinstatement submit to the secretary of state some other name under which it desires its existence to be reinstated. If that name is sufficiently distinctive and different from any name reserved or otherwise in use, the secretary of state shall issue to the defaulting limited-liability company a certificate of reinstatement under that new name.
2. If the defaulting limited-liability company submits the written acknowledged consent of the limited-liability company, corporation or limited partnership using a name, or the person reserving a name, which is the same as or similar to the defaulting limited-liability companys old name or a new name it has submitted, it may be reinstated under that name.
3. For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.
Sec. 133. NRS 86.011 is hereby amended to read as follows:
86.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 86.021 to 86.121, inclusive, and section 123 of this act have the meanings ascribed to them in those sections.
Sec. 134. NRS 86.121 is hereby amended to read as follows:
86.121 Registered office of a limited-liability company means the office [required to be maintained by NRS 86.231.] maintained at the street address of its agent for service of process.
Sec. 135. NRS 86.151 is hereby amended to read as follows:
86.151 Two or more persons may form a limited-liability company by [signing, verifying and delivering in duplicate to] :
1. Executing, acknowledging and filing in the office of the secretary of state articles of organization for the company [.] ; and
2. Filing a certificate of acceptance of appointment, executed by the agent for service of process of the limited-liability company, in the office of the secretary of state.
Sec. 136. NRS 86.161 is hereby amended to read as follows:
86.161 1. The articles of organization must set forth:
(a) The name of the limited-liability company;
(b) The period of its duration, which must not exceed 30 years from the date of filing with the secretary of state;
(c) The [purpose] purposes for which the company is organized;
κ1993 Statutes of Nevada, Page 1013 (CHAPTER 337, AB 387)κ
(d) The address of [its principal place of business in the state and] the office where its records will be maintained as required by NRS 86.241, the name and [business] street address of the agent for service of process [in the state;] , and the mailing address of the agent for service of process if different from the street address;
(e) The right, if given, of the members to admit additional members, and the terms and conditions of the admission;
(f) The right, if given, of the remaining members of the company to continue the business on the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or occurrence of any other event which terminates the continued membership of a member in the company; and
(g) Any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.
2. If the company is to be managed by a manager or managers, the articles of organization must so state and must set out the names and post office box or street addresses , either residence or business, of [such] the manager or managers who are to serve [as managers] until the first annual meeting of members or until their successors are elected and qualify. If the management of a limited-liability company is reserved to the members, the names and post office box or street addresses either residence or business, of the members must be set out in the articles of organization, and the rights, if any, of the members to contract debts on behalf of the limited-liability company.
3. It is not necessary to set out in the articles of organization any of the powers enumerated in this chapter.
Sec. 137. NRS 86.171 is hereby amended to read as follows:
86.171 1. The [words limited-liability company must be the last words of the name of every] name of a limited-liability company formed under the provisions of this chapter [and, in addition, the] must contain the words Limited-Liability Company, Limited Company, or Limited or the abbreviations Ltd., L.L.C., L.C., LLC or LC. The word Company may be abbreviated as Co.
2. The name of the limited liability company may not:
(a) Contain a word or phrase which indicates or implies that it is organized for a purpose other than one or more of the purposes contained in its articles of organization; and
(b) Be the same as, or deceptively similar to the name of a limited-liability company, limited partnership or corporation existing under the laws of this state or a foreign limited-liability company, foreign limited partnership [,] or foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved in the manner provided under the laws of this state, unless [:
(1) The] the written acknowledged consent of the [other limited-liability company or] holder of [a reserved or registered] the registered or reserved name to use the same name or [a name which is deceptively similar to the registered] the requested similar name accompanies the articles of organization . [;
κ1993 Statutes of Nevada, Page 1014 (CHAPTER 337, AB 387)κ
(2) One or more words are added, altered or deleted so that the name is not the same as or deceptively similar to the reserved or registered name; or
(3) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state.
2. Omission of the word limited or as abbreviated, Ltd., in the use of the name of a limited-liability company renders any person who participates in the omission, or knowingly acquiesces in it, liable for indebtedness, damage or liability occasioned by the omission.
3. The identification a limited-liability company must appear after the name of a limited-liability company on all correspondence, stationery, checks, invoices and all documents and papers executed by the limited-liability company.
4. The exclusive right to the use of a name may be reserved by the manner prescribed in NRS 88.325.]
Sec. 138. NRS 86.201 is hereby amended to read as follows:
86.201 1. Upon [the endorsement of] filing the articles of organization [,] and the certificate of acceptance of the agent for service of process, and the payment of filing fees, the limited-liability company is considered organized, and the [endorsed] filed articles of organization are rebuttable evidence that all conditions precedent required to be performed by the members have been complied with and that the limited-liability company has been legally organized pursuant to this chapter.
2. A limited-liability company must not transact business or incur indebtedness, except that which is incidental to its organization or to obtaining subscriptions for or payment of contributions, until the secretary of state has [endorsed] filed the articles of organization [.] and the certificate of acceptance.
Sec. 139. NRS 86.221 is hereby amended to read as follows:
86.221 1. The articles of organization of a limited-liability company must be amended when:
(a) There is a change in the name of the company;
(b) [There is a change in the character of the business of the company;
(c)] There is a false or erroneous statement in the articles of organization;
[(d)] (c) There is a change in the time as stated in the articles of organization for the dissolution of the company;
[(e)] (d) A time is fixed for the dissolution of the company if no time is specified in the articles of organization; [or]
(e) A new or substituted member is admitted; or
(f) The members desire to make a change in any other statement in the articles of organization to represent accurately the agreement between them.
2. [The form prescribed by NRS 88.355 for the amendment of a certificate of limited partnership must be followed to evidence an amendment to the articles of organization of a limited-liability company.] A certificate of amendment must set forth:
(a) The name of the limited-liability company;
(b) The date of filing of the articles of organization; and
(c) The amendment to the articles of organization.
3. The amendment must be signed and [sworn to] acknowledged by all members and an amendment adding a new member must also be signed [also] and acknowledged by the member to be added.
κ1993 Statutes of Nevada, Page 1015 (CHAPTER 337, AB 387)κ
and acknowledged by the member to be added. [Duplicate originals of the amendment must be forwarded to the secretary of state for filing, accompanied by the requisite filing fee.]
Sec. 140. NRS 86.231 is hereby amended to read as follows:
86.231 1. [Each limited-liability company shall have and continuously maintain in this state;
(a) A registered office, which may be, but need not be, the same as its place of business and at which its records must be maintained in written form, or in a form which can be converted to written form in a reasonable time.
(b) An agent for service of process, who may be a natural person resident in this state whose business office is identical with the registered office, or a domestic corporation, or a foreign corporation authorized to transact business in this state, which has a business office identical with the registered office.
2. Every agent for service of process must, within 10 days after acceptance of an initial appointment, file a certificate thereof in the office of the secretary of state.
3.] Except during any period of vacancy described in NRS 86.251, a limited-liability company shall have an agent for service of process who may be either a natural person, a domestic corporation or a foreign corporation authorized to do business in this state. Every agent for service of process must have a street address for the service of process. The street address of the agent for service of process is the registered office of the limited-liability company in this state.
2. Within 30 days after changing the location of his office from one address to another in this state, an agent for service of process must file a certificate with the secretary of state setting forth the names of the limited-liability companies represented by him, the address at which he has maintained the office for each of the limited-liability companies, and the new address to which the office is transferred.
Sec. 141. NRS 86.241 is hereby amended to read as follows:
86.241 1. Each limited-liability company shall [keep at its registered office:] continuously maintain in this state an office, which may but need not be a place of its business in this state or its registered office, at which it shall keep:
(a) A current list of the full name and last known business address of each member and manager separately identifying the members in alphabetical order and the managers, if any, in alphabetical order;
(b) A copy of the filed articles of organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any document has been executed;
(c) Copies of the companys federal income tax returns and reports, if any, for the 3 most recent years;
(d) Copies of any then effective written operating agreement and of any financial statements of the company for the 3 most recent years; and
(e) Unless contained in the articles of organization, a writing setting out:
(1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each member and which each member has agreed to contribute;
κ1993 Statutes of Nevada, Page 1016 (CHAPTER 337, AB 387)κ
(2) The items as which or events on the happening of which any additional contributions agreed to be made by each member are to be made;
(3) Any right of a member to receive, or of a manager to make, distributions to a member which include a return of all or any part of the members contribution; and
(4) Any events upon the happening of which the limited liability is to be dissolved and its affairs wound up.
2. Records kept pursuant to this section are subject to inspection and copying at the reasonable request, and at the expense, of any member during ordinary business hours.
Sec. 142. NRS 86.251 is hereby amended to read as follows:
86.251 [The resignation of an agent for service of process, notice, and the designation of new agent must be conducted in the same manner prescribed by NRS 88.332 for limited partnerships.]
1. An agent for service of process who desires to resign shall file with the secretary of state a signed statement for each limited-liability company that he is unwilling to continue to act as the agent of the limited-liability company for the service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.
2. The statement of resignation may contain an acknowledged statement of the affected limited-liability company appointing a successor agent for service of process for that limited-liability company, giving the agents full name, street address for the service of process, and mailing address if different from the street address. A certificate of acceptance executed by the new agent for service of process must accompany the statement appointing a successor agent for service of process.
3. Upon the filing of the statement of resignation with the secretary of state the capacity of the resigning person as agent for service of process terminates. If the statement of resignation contains no statement by the limited-liability company appointing a successor agent for service of process, the resigning agent for service of process shall immediately give written notice, by mail, to the limited-liability company of the filing of the statement and its effect. The notice must be addressed to any manager or, if none, to any member, of the limited-liability company other than the agent for service of process.
4. If an agent for service of process dies, resigns or moves from the state, the limited-liability company, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new agent for service of process. The certificate must set forth the name, complete street address and mailing address, if different from the street address, of the new agent for service of process.
5. Each limited-liability company which fails to file a certificate of acceptance executed by the new agent for service of process within 30 days of the death, resignation or removal of its agent for service of process as provided in subsection 4, shall be deemed in default and is subject to the provisions of sections 129 and 130 of this act.
κ1993 Statutes of Nevada, Page 1017 (CHAPTER 337, AB 387)κ
Sec. 143. NRS 86.291 is hereby amended to read as follows:
86.291 Except as otherwise provided in this section [,] or in the operating agreement, management of a limited-liability company is vested in its members in proportion to their contribution to its capital, as adjusted from time to time to reflect properly any additional contributions or withdrawals by the members. If provision is made in the articles of organization, management of the company may be vested in a manager or managers who must be elected annually by the members in the manner prescribed by the operating agreement of the company. The manager or managers also hold the offices and have the responsibilities accorded to them by the members and set out in the operating agreement.
Sec. 144. NRS 86.431 is hereby amended to read as follows:
86.431 1. To the extent that a manager, member, employee or agent of a limited-liability company has been successful on the merits or otherwise in defense of any action, suit or proceeding described in NRS 86.411 and 86.421, or in defense of any claim, issue or matter therein, the company shall indemnify him against expenses, including attorneys fees, actually and reasonably incurred by him in connection with the defense.
2. Any indemnification under NRS 86.411 and 86.421, unless ordered by a court or advanced pursuant to NRS 86.441, may be made by the limited-liability company only as authorized in the specific case upon a determination that indemnification of the manager, member, employee or agent is proper in the circumstances. The determination must be made:
(a) By the members [;
(b) By a majority vote of a quorum of managers, if the company has managers, who were] or managers as provided in the articles of organization or the operating agreement;
(b) If there is not provision in the articles of organization or the operating agreement, by the owners of more than 50 percent of the interests owned by members who are not parties to the act, suit or proceeding;
(c) If [a majority vote of the managers who were] members who own more than 50 percent of the interests owned by members who are not parties to the act, suit or proceeding so [ordered,] order, by independent legal counsel in a written opinion; or
(d) If [managers who were] members who are not parties to the act, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.
Sec. 145. NRS 86.561 is hereby amended to read as follows:
86.561 1. The secretary of state shall charge and collect for:
(a) Filing the original articles of organization, or for registration of a foreign company, [the same fee as required by subsection 1 of NRS 88.415 for filing a certificate of limited partnership;] $125;
(b) Amending the articles of organization, or amending the registration of a foreign company [the same fee as required by subsection 2 of NRS 88.415 for filing a certificate of amendment of limited partnership or restated certificate of limited partnership;] , $75;
(c) Filing a statement of intent to dissolve, [$5;] $15;
(d) Filing articles of dissolution, and canceling the articles of organization of a domestic or foreign company, [$10;] $30;
κ1993 Statutes of Nevada, Page 1018 (CHAPTER 337, AB 387)κ
(e) Filing a statement of change of address of records office or change of the agent for service of process, or both, $15; [and]
(f) [The corresponding documents of a limited-liability company, the same fees as required by subsections 6 to 11, inclusive, of NRS 88.415.] Certifying articles of organization or an amendment to the articles, in both cases where a copy is provided, $10;
(g) Certifying an authorized printed copy of this chapter, $10;
(h) Certifying the reservation of a name of a limited-liability company, $20;
(i) Executing, filing or certifying any other document, $10;
(j) Comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 1,200 words of each document or paper compared; and
(k) Copies made at the office of the secretary of state, $1 per page.
2. The secretary of state shall charge and collect at the time of any service of process on him as agent for service of process of a limited-liability company, [$5] $10 which may be recovered as taxable costs by the party to the [suit or] action causing the service to be made if the party prevails in the [suit or] action.
Sec. 146. NRS 88.320 is hereby amended to read as follows:
88.320 The name of each limited partnership as set forth in its certificate of limited partnership:
1. Must contain without abbreviation the words limited partnership;
2. May not contain the name of a limited partner unless:
(a) It is also the name of a general partner or the corporate name of a corporate general partner; or
(b) The business of the limited partnership has been carried on under that name before the admission of that limited partner;
3. May not be deceptively similar to, the name reserved or otherwise in use by any corporation , [or] limited partnership or limited-liability company organized under the laws of this state or contemplated to be organized in this state, unless the corporation , [or] limited partnership or limited-liability company already bearing or reserving that name files with the secretary of state its written consent to the use of the similar name by the limited partnership whose certificate is offered for filing;
4. May not be the same as the name reserved or otherwise in use by any corporation or limited partnership organized under the laws of this state or contemplated to be organized in this state; and
5. May not be the same as or deceptively similar to the name reserved or otherwise in use by any foreign corporation , [or] foreign limited partnership [,] or foreign limited-liability company unless the foreign corporation , [or] foreign limited partnership or foreign limited-liability company already bearing or reserving that name files with the secretary of state its written consent to the use of the same or [a] the requested similar name by the limited partnership whose certificate is offered for filing.
Sec. 146.1. NRS 88.330 is hereby amended to read as follows:
88.330 1. Each limited partnership shall continuously maintain in this state:
κ1993 Statutes of Nevada, Page 1019 (CHAPTER 337, AB 387)κ
(a) An office, which may but need not be a place of its business in this state, at which must be kept the records required by NRS 88.335 to be maintained; and
(b) An agent for service of process on the limited partnership, who must be a natural person resident of this state, a domestic corporation or a foreign corporation authorized to do business in this state.
2. Every such agent for service of process shall [, within 10 days after acceptance of an initial appointment,] file a certificate thereof in the office of the secretary of state.
3. Within 30 days after changing the location of his office from one address to another in this state, an agent for service of process shall file a certificate with the secretary of state setting forth the names of the limited partnerships represented by the agent, the address at which the agent has maintained the office for each of the limited partnerships, and the new address to which the office is transferred.
4. Within 30 days after changing the location of the office which contains records for a limited partnership, the agent shall file a notice of the change in address with the secretary of state which sets forth the name of the limited partnership, the previous address of the office and the new address of the office.
Sec. 146.2. NRS 88.332 is hereby amended to read as follows:
88.332 1. Any person who has been designated by a limited partnership as its agent for service of process and who thereafter desires to resign shall file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the limited partnership for service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state. The statement of resignation may contain an acknowledged statement by the affected limited partnership appointing a successor agent for service of process for the limited partnership. A certificate of acceptance executed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent for service of process.
2. Upon the filing of the statement with the secretary of state the capacity of the person as agent for service of process terminates . [, and the secretary of state forthwith shall] If the statement of resignation does not contain a statement by the limited partnership appointing a successor agent for service of process, the resigning agent shall immediately give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the agent for service of process.
3. If a designated agent for service of process dies, resigns or removes from the state, the limited partnership, within 30 days thereafter, shall file with the secretary of state a certificate [setting] of acceptance, executed by the new agent for service of process. The certificate must set forth the full name , [and] complete street address and, if different from the street address, mailing address of [a] the newly designated resident agent.
κ1993 Statutes of Nevada, Page 1020 (CHAPTER 337, AB 387)κ
Sec. 146.3. NRS 88.350 is hereby amended to read as follows:
88.350 1. In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state. The certificate must set forth:
(a) The name of the limited partnership;
(b) The address of the office and the name and address of the agent for service of process required to be maintained by NRS 88.330;
(c) The name and the business address of each general partner;
(d) The latest date upon which the limited partnership is to dissolve; and
(e) Any other matters the general partners determine to include therein.
2. A certificate of acceptance of appointment of an agent for service of process, executed by the agent, must be filed with the certificate of limited partnership.
3. A limited partnership is formed at the time of the filing of the certificate of limited partnership and the certificate of acceptance in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
Sec. 146.4. NRS 88.400 is hereby amended to read as follows:
88.400 1. When the annual fee for filing the list has been paid, the canceled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.
2. Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.
3. For default there must be added to the amount of the fee a penalty of [$10,] $15, and unless the filings are made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
Sec. 146.5. NRS 88.415 is hereby amended to read as follows:
88.415 The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:
1. For filing a certificate of limited partnership, [$75.] $125.
2. For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, [$50.] $75.
3. For filing a reinstated certificate of limited partnership, $75.
4. For filing the annual list of general partners and designation of an agent for service of process, [$30.] $85.
5. For filing a certificate of the change of address of an agent for service of process, [$10] $15 plus $1 for each limited partnership he represents.
6. For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, [$5.] $10.
κ1993 Statutes of Nevada, Page 1021 (CHAPTER 337, AB 387)κ
7. For certifying an authorized printed copy of the limited partnership law, [$5.] $10.
8. For certifying the reservation of a limited partnership name, [$5.] $20.
9. For executing, filing or certifying any other document, $10.
10. For comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 100 words of each document or paper compared.
11. For copies made at the office of the secretary of state , [from microfiche,] $1 per page.
12. For filing a certificate of cancellation of a limited partnership, $30.
Sec. 146.6. NRS 88.575 is hereby amended to read as follows:
88.575 Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and [setting] a signed certificate of acceptance of an agent for service of process. The application for registration must set forth:
1. The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this state;
2. The state and date of its formation;
3. The name and address of [any] the agent for service of process on the foreign limited partnership whom the foreign limited partnership elects to appoint, who must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in this state;
4. A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if [no agent has been appointed pursuant to subsection 3 or, if appointed,] the agents authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;
5. The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership;
6. The name and business address of each general partner; and
7. The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnerships registration in this state is canceled or withdrawn.
Sec. 147. Chapter 602 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who has filed a certificate may, upon the termination of the business or his ownership in it, file, with the county clerk where the certificate is on file, a certificate of termination stating that the person who filed the certificate has terminated the business being conducted under the assumed or fictitious name or his ownership in it and the date of the termination.
2. The certificate of termination must be signed in the same manner as required by NRS 602.020, except that it is sufficient if signed in the case of a general partnership by only one partner or in the case of a trust by only one trustee.
κ1993 Statutes of Nevada, Page 1022 (CHAPTER 337, AB 387)κ
general partnership by only one partner or in the case of a trust by only one trustee.
3. Upon the filing of a certificate of termination, the county clerk shall note the termination in the book or other suitable index required by NRS 602.050.
Sec. 148. NRS 602.010 is hereby amended to read as follows:
602.010 1. Every person [, corporation, firm and general partnership conducting, carrying on or transacting] doing business in this state under an assumed or fictitious name [or designation] which does not show the real name [or names of the corporation or person or persons engaged or interested in such] of each person who owns an interest in the business, must file with the county clerk of each county in which the business is being [carried on, or is intended to be carried on,] conducted, a certificate containing the information required by NRS 602.020.
2. A person intending to conduct a business under an assumed or fictitious name may, before initiating the conduct of the business, file a certificate with the county clerk of each county in which the business is intended to be conducted.
Sec. 149. NRS 602.020 is hereby amended to read as follows:
602.020 1. The certificate [shall state:
(a) The name or names in full of the corporation or person or persons interested in, or conducting or carrying on, the business, or intending so to do, together with their respective places of residence.
(b) The fictitious or fanciful name under which the business is being carried on or is proposed to be carried on.] must state the assumed or fictitious name under which the business is being conducted or is intended to be conducted, and if conducted by:
(a) A natural person, his full name and street address, either residence or business;
(b) An artificial person required to make annual filings with the secretary of state to retain its good standing, its name as it appears in the records of the secretary of state;
(c) A general partnership, the full name and street address, either residence or business, of each partner who is a natural person, and if one or more of the partners is an artificial person described in subsection (b), the information required by subsection (b) for each such partner; or
(d) A trust, the full name and street address, either residence or business, of each trustee of the trust.
2. The certificate must be signed [by an officer of the corporation or by each person interested in, or conducting or carrying on, such business, or intending so to do, and acknowledged before some person authorized to take acknowledgments of conveyances of real property.] :
(a) In the case of a natural person, by him;
(b) In the case of an artificial person required to make annual filings with the secretary of state to retain its good standing, by a person required to sign the annual filing;
(c) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in subsection (b), by an officer of the corporation or an authorized representative of the artificial person; or
κ1993 Statutes of Nevada, Page 1023 (CHAPTER 337, AB 387)κ
(d) In the case of a trust, by each of the trustees.
Sec. 150. NRS 602.030 is hereby amended to read as follows:
602.030 The certificate must be filed [within] no later than 1 month after the commencement of business [or after the formation of the corporation or general partnership.] under an assumed or fictitious name.
Sec. 151. NRS 602.040 is hereby amended to read as follows:
602.040 On every change in the [members] partners of a general partnership [transacting] or trustee of a trust doing business under [a] an assumed or fictitious name , [or designation,] a new certificate containing the information required by NRS 602.020 must be filed with the county clerk within 1 month after such change.
Sec. 152. NRS 602.070 is hereby amended to read as follows:
602.070 No action may be commenced or maintained by any person, [corporation, firm, or general partnership] mentioned in NRS 602.010, [nor] or by an assignee of such a person, [corporation, firm or partnership,] upon or on account of any contract made or transaction had under [such fictitious or fanciful name or designation, nor] the assumed or fictitious name, or upon or on account of any cause of action arising or growing out of the business [so carried on under such name or designation, unless prior to] conducted under that name, unless before the commencement [thereof] of the action the certificate required by [this chapter] NRS 602.010 has been filed.
Sec. 153. NRS 602.090 is hereby amended to read as follows:
602.090 [Any corporation or person or persons conducting, carrying on or transacting] A person doing business in this state [contrary to the provisions of this chapter, or] without complying with the requirements of this chapter [,] or having falsely filed a certificate of termination, is guilty of a misdemeanor.
Sec. 154. 1. NRS 82.191 and 82.361 are hereby repealed.
2. NRS 78.160, 78.206, 78.2065, 78.400, 78.735, 78.775, 80.130, 80.230, 82.366, 82.391, 82.441, 86.191 and 86.271 are hereby repealed.
Sec. 155. 1. The legislature finds as facts that:
(a) When Assembly Bill No. 655 was enacted into law as chapter 442, Statutes of Nevada 1991, the legislature was unaware that certain of the provisions thereof applicable to corporations for public benefit would materially and adversely affect the operations of many charitable foundations located in this state; and
(b) The public detriment which would be suffered from the application of those provisions to those charitable foundations outweighs the public benefit otherwise expected to be derived from those provisions when enacted.
2. Sections 97 to 100, inclusive, and subsection 1 of section 154 of this act, which remove those provisions from the statutes of this state, become effective upon passage and approval and apply retroactively to October 1, 1991.
3. Section 58 of this act becomes effective at 12:01 a.m. on October 1, 1993.
4. All other provisions of this act become effective on October 1, 1993.
________
κ1993 Statutes of Nevada, Page 1024κ
Assembly Bill No. 522 — Committee on Judiciary
CHAPTER 338
AN ACT relating to arbitration of civil cases; consolidating the provisions regarding mandatory arbitration of certain civil cases; providing governmental immunity for persons who serve as arbitrators under the court-annexed program of arbitration; providing for the continued applicability of the provision regarding the right to trial after arbitration under the Uniform Arbitration Act; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.015 is hereby amended to read as follows:
38.015 NRS 38.015 to 38.205, inclusive, and 38.235 may be cited as the Uniform Arbitration Act.
Sec. 2. NRS 38.250 is hereby amended to read as follows:
38.250 [Except as otherwise provided in NRS 38.215, all]
1. All civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $25,000 must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.253, 38.255 and 38.258.
2. A civil action for damages filed in justices court may be submitted to arbitration if the parties agree, orally or in writing, to the submission.
Sec. 3. NRS 38.253 is hereby amended to read as follows:
38.253 1. The supreme court shall adopt rules to provide for the establishment of a program of arbitration pursuant to NRS 38.250.
2. The supreme court, in association with the [National Judicial College and] State Bar of Nevada [and] or other organizations, shall provide training in arbitration for attorneys and nonattorneys.
3. The district courts in each judicial district shall administer the program in their respective districts in accordance with the rules adopted by supreme court.
4. The supreme court may:
(a) Charge each person who applies for training as an arbitrator an application fee.
(b) Charge a fee to cover the cost of the training programs.
5. For the purposes of NRS 41.031 to 41.039, inclusive, a person serving as an arbitrator shall be deemed an employee of the court while in the performance of his duties under the program.
Sec. 4. NRS 38.215, 38.225 and 38.245 are hereby repealed.
Sec. 5. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1025κ
Assembly Bill No. 538 — Committee on Natural Resources, Agriculture and Mining
CHAPTER 339
AN ACT relating to watercraft; prohibiting the operation of a vessel within a certain distance of a divers flag; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.310 is hereby amended to read as follows:
488.310 1. A person shall display a divers flag when diving or swimming below the waters surface with the aid of a breathing device. The divers flag must be:
(a) At least 12 inches in height by 12 inches in width with a red background and a white diagonal stripe that is one-fifth the width of the flag;
(b) Attached to a float, buoy or boat which is visible to approaching vessels and which, between sunset and sunrise, has a light attached; and
(c) Prominently displayed within 100 feet of the location of the diver or swimmer.
2. A person shall not display a divers flag on the waters of this state unless he is diving or swimming below the waters surface with the aid of a breathing device, in the vicinity of the divers flag.
3. [A] Except in the case of an emergency, a person shall not operate a vessel other than the divers support vessel within [200] 100 feet of a divers flag . [unless the vessel is operated]
4. Except in the case of an emergency, a person who operates a vessel at a distance of more than 100 feet but less than 200 feet of a divers flag shall operate that vessel at a speed that leaves a flat wake, but in no case may the vessel be operated at a speed greater than 5 nautical miles per hour.
________
κ1993 Statutes of Nevada, Page 1026κ
Senate Bill No. 195 — Committee on Finance
CHAPTER 340
AN ACT relating to motorboats; increasing the fee for a certificate of ownership; providing for the renewal of a certificate of number by the purchase of a validation decal; providing a fee for a validation decal and a duplicate validation decal; increasing the fee for the issuance of a number for a motorboat operated by manufacturers and dealers; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Such evidence of ownership as the department of wildlife may require.
The department of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$5] $15 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:
Less than 13 feet................................................................................ $10
13 feet or more but less than 18 feet ............................................... 15
18 feet or more but less than 22 feet................................................ 30
22 feet or more but less than 26 feet................................................ 45
26 feet or more but less than 31 feet................................................ 60
31 feet or more .................................................................................... 75
Except as otherwise provided in this subsection, all fees received by the department of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboats length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the department of wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
κ1993 Statutes of Nevada, Page 1027 (CHAPTER 340, SB 195)κ
3. A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The fee for issuing a duplicate validation decal is $10.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the commission in order that the number may be clearly visible. The number must be maintained in legible condition.
[4.] 5. The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
[5.] 6. The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is [$7.50.] $15.
Sec. 2. NRS 488.125 is hereby amended to read as follows:
488.125 1. Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 1 year unless sooner terminated or discontinued in accordance with the provisions of this chapter.
2. Certificates of number may be renewed by the owner [in the same manner provided for in the initial securing of the same.] pursuant to subsection 3 of NRS 488.075.
Sec. 3. This act becomes effective on January 1, 1994.
________
Senate Bill No. 238 — Committee on Finance
CHAPTER 341
AN ACT making a supplemental appropriation to the supreme court of Nevada for the support of the commission on judicial selection; and providing other matters properly relating thereto.
[Approved June 30, 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 supreme court of Nevada the sum of $4,333 for the support of the commission on judicial selection. This appropriation is supplemental to that made by section 17 of chapter 494, Statutes of Nevada 1991, at page 1495.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1028κ
Senate Bill No. 239 — Committee on Finance
CHAPTER 342
AN ACT relating to watercraft; increasing the amount of money that a person who awards certificates of number for watercraft may retain from the fee paid for the certificate; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.115 is hereby amended to read as follows:
488.115 1. The department of wildlife may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the commission, is valid as if awarded directly by the department of wildlife. At the time an agent forwards the money collected to the department of wildlife he may retain [the amount set by the department of wildlife for awarding certificates of number, which must not exceed 10 percent of the money collected nor more than 25] 50 cents per certificate of number . [in any instance.]
2. All records of the department of wildlife made or kept pursuant to this section are public records.
Sec. 2. This act becomes effective on January 1, 1994.
________
Senate Bill No. 280 — Committee on Government Affairs
CHAPTER 343
AN ACT relating to state parks; creating an account for Lake Tahoe Nevada State Park; authorizing the administrator of the division of state parks to expend the money in the account for the repair, operation and maintenance of the sewer and water systems in the park; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for Lake Tahoe Nevada State Park is hereby created in the state general fund. Any fees collected at Lake Tahoe Nevada State Park pursuant to subsection 4 of NRS 407.065 for the repair, operation and maintenance of sewer and water systems must be deposited in the account. No other fees collected at Lake Tahoe Nevada State Park may be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
κ1993 Statutes of Nevada, Page 1029 (CHAPTER 343, SB 280)κ
2. The money in the account does not lapse to the state general fund at the end of any fiscal year.
3. The money in the account must only be used for the repair, operation and maintenance of the sewer and water systems in Lake Tahoe Nevada State Park.
4. The administrator, subject to the approval of the director, may expend money pursuant to subsection 3.
Sec. 2. NRS 407.065 is hereby amended to read as follows:
407.065 The administrator, subject to the approval of the director, may:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public.
2. Protect state parks and property controlled or administered by the division from misuse or damage and preserve the peace within those areas. At the discretion of the administrator, rangers and employees of the division have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division. The administrator may appoint or designate certain employees of the division to have the general authority of peace officers.
3. Allow multiple use of state parks and real property controlled or administered by the division for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be adopted in furtherance of the purposes of the division.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees for them. Except as otherwise provided in subsection 1 of section 1 of Senate Bill No. 319 of this session and subsection 1 of section 1 of this act, the fees collected pursuant to this subsection must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division of public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.
6. Establish such capital projects and construction funds as are necessary to account for the parks improvements program approved by the legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.
Sec. 3. Section 1 of Senate Bill No. 319 of this session is hereby amended to read as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The account for the division of state parks is hereby created in the state general fund. [Any] Except as otherwise provided in section 1 of Senate Bill No.
κ1993 Statutes of Nevada, Page 1030 (CHAPTER 343, SB 280)κ
Senate Bill No. 280 of this session, any amount of fees collected pursuant to subsection 4 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the divisions budget for the fiscal year beginning in that calendar year, must be deposited in the account for the division of state parks. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
2. The money in the account for the division of state parks does not lapse to the general fund at the end of any fiscal year.
3. The money in the account for the division of state parks must only be used to repair and maintain state parks, monuments and recreational areas.
4. Before the administrator may expend money pursuant to subsection 3:
(a) For emergency repairs, he must first receive the approval of the director.
(b) For purposes other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.
________
Assembly Bill No. 604 — Assemblymen Petrak, Sader, Myrna Williams, Toomin, Smith, de Braga, Kenny, Carpenter, Anderson, Regan, Haller, Bonaventura, Gibbons, Collins, Freeman, Segerblom, Bennett, Schneider, Garner, Hettrick, Neighbors, Heller, Perkins, Augustine, Arberry, Wendell Williams, Giunchigliani, Evans and Humke
CHAPTER 344
AN ACT relating to the support of children; providing a civil penalty for late payment by a parent with an obligation of support; requiring the reporting of certain information regarding occupational licenses; making various other changes; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125B of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an installment of an obligation to pay support for a child, whether the obligation arises from the judgment of a court of this or another state or from expedited process, becomes delinquent in the amount owed for 1 months support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this state and may be so included in a judicial or administrative proceeding of another state.
2. The amount of the penalty is 10 percent per annum, or portion thereof, that the installment remains unpaid. Each district attorney or other public agency in this state undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.
κ1993 Statutes of Nevada, Page 1031 (CHAPTER 344, AB 604)κ
agency in this state undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.
3. As used in this section, expedited process has the meaning ascribed to it in subsection 6 of NRS 125B.140.
Sec. 2. Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. A governmental entity which issues a license to do business in this state shall, upon request of the division, submit to the division information regarding the name and address of each natural person who holds such a license and any pertinent changes in that information.
2. A board or commission which issues occupational or professional licenses or permits pursuant to Title 54 of NRS shall, upon request of the division, submit to the division information regarding the name and address of each person who holds such a license or permit and any pertinent changes in that information.
3. The division shall periodically provide the information obtained pursuant to this section to the district attorneys and other public agencies in this state collecting support for children.
Sec. 4. 1. Each district attorney or other public agency in this state collecting support for children shall compare the information received pursuant to section 3 of this act against its cases to identify any person who is in arrears and holds such a license or permit.
2. The district attorney or other public agency shall notify each person so identified, by first-class mail, to give him an opportunity to satisfy the claim before notice is given to the issuer of the license or permit of the arrearage.
3. If the person does not satisfy the arrearage, the district attorney or other public agency shall report the fact of the arrearage to the issuer of the license or permit. The division shall similarly notify the issuer of the license or permit when the person thereafter pays the arrearage or otherwise satisfies the claim.
Sec. 5. 1. This section and sections 2, 3 and 4 of this act become effective October 1, 1993.
2. Section 1 of this act becomes effective October 15, 1995.
________
κ1993 Statutes of Nevada, Page 1032κ
Assembly Bill No. 531 — Assemblymen Petrak, Regan, Arberry, Anderson, Spitler, Smith, Kenny, Toomin, Haller, Chowning, Perkins, Myrna Williams, Porter, Wendell Williams, Evans, Gregory, de Braga, Carpenter, Hettrick, Bonaventura, Heller, McGaughey, Bennett, Marvel, Lambert, Gibbons, Giunchigliani and Garner
CHAPTER 345
AN ACT relating to elections; limiting the circumstances under which certain special elections may be held; eliminating the authority to hold certain other special elections; authorizing the submission of certain matters to the voters at a primary election; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 295.085 is hereby amended to read as follows:
295.085 The registered voters of a county [have power:
1. To propose] may:
1. Propose ordinances to the board and, if the board fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at [an] a primary or general election.
2. [To require] Require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, to approve or reject it at [an] a primary or general election.
Sec. 2. NRS 295.115 is hereby amended to read as follows:
295.115 1. When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the board fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the county.
2. The vote of the county on a proposed or referred ordinance [shall be held not less than 30 days and not later than 1 year from the date of the final board vote thereon. If no primary or general election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the board shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general election, except that the board may in its discretion provide for a special election at an earlier date within the prescribed period.] must be held at the next primary or general election. Copies of the proposed or referred ordinance [shall] must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time [prior to] before the 30th day preceding the day scheduled for a vote of the county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners original committee.
κ1993 Statutes of Nevada, Page 1033 (CHAPTER 345, AB 531)κ
least four members of the petitioners original committee. Upon the filing of [such] that request , the petition [shall have no further force or] has no further effect and all proceedings thereon [shall] must be terminated.
Sec. 3. NRS 295.140 is hereby amended to read as follows:
295.140 Whenever 10 percent or more of the registered voters of any county of this state, as shown by the number of registered voters who voted at the last preceding general election, [shall] express their wish that any act or resolution enacted by the legislature, and pertaining to [such] that county only, be submitted to the vote of the people, they shall file with the county clerk, not less than 4 months before the time set for the next succeeding general election, a petition, which [shall] must contain the names and residence addresses of at least 10 percent of the registered voters of [such] that county, demanding that a referendum vote be had by the people of the county at the next primary or general election [or at any election called for such purpose,] upon the act or resolution on which the referendum is demanded.
Sec. 4. NRS 295.160 is hereby amended to read as follows:
295.160 1. The county clerk shall file the petition upon its receipt by him. At the next primary or general election [or at the election called for such purpose,] he shall submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of [such] that county.
2. The county clerk shall publish [such] those questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
Sec. 5. NRS 295.200 is hereby amended to read as follows:
295.200 The registered voters of a city may:
1. Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, adopt or reject it at [a] the next primary or general city election [.] or primary or general election.
2. Require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, approve or reject it at [a] the next primary or general city election [.] or primary or general election.
Sec. 6. NRS 295.215 is hereby amended to read as follows:
295.215 1. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.
2. The vote of the city on a proposed or referred ordinance must be held [not less than 30 days and not later than 1 year after the date of the final vote of the council thereon. If no regular city election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the council shall provide for a special election. Otherwise the vote must be held at the primary or general city election, except that the council may provide for a special election at an earlier date within the prescribed period.]
κ1993 Statutes of Nevada, Page 1034 (CHAPTER 345, AB 531)κ
for a special election at an earlier date within the prescribed period.] at the next primary or general city election or primary or general election. Copies of the proposed or referred ordinance must be made available at the polls.
3. An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners original committee. Upon the filing of that request the petition has no further effect and all proceedings thereon must be terminated.
Sec. 7. NRS 218.390 is hereby amended to read as follows:
218.390 1. An enrolled joint resolution proposing an amendment to the constitution of the State of Nevada must not be presented to the governor for approval and signature, but must be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he designates in writing.
2. The secretary of state shall cause the enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver them to the presiding officer of the house in which the proposed amendment originated at the next ensuing session of the legislature. The enrolled resolution accompanied by the engrossed copy thereof must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto , must again be deposited with and filed by the secretary of state so that it may be placed upon the ballot at the next ensuing general election . [or a special election called by the legislature for that purpose.]
3. The history of the joint resolution containing a notation that it has been returned to the house of its origin by the secretary of state must be noted on the engrossed copy of the resolution, and must likewise appear upon the enrolled copy thereof. The enrolled copy must bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which the proposed amendment to the constitution was considered.
4. The secretary of state shall cause all proposed amendments to the constitution to be published in the printed volume of the statutes for each year when they have been considered by the legislature.
Sec. 8. NRS 243.470 is hereby amended to read as follows:
243.470 1. At the time specified in the notice, the board of county commissioners shall meet and inquire into and determine the sufficiency of the petition and the validity of the signatures thereto, and if sufficient and signed by the required number , the board shall make an order directing that the proposition to remove the county seat to the place named in the petition be submitted to a vote of the qualified electors of the county at the next primary or general election . [, if the same is to occur within 6 months of the time of filing the petition; otherwise at a special election to be called for that purpose at any time not less than 4 months nor more than 6 months from the date of filing the petition with the clerk of the board.]
2. No names [shall] may be withdrawn from the petition after the [same] petition has been filed with the clerk of the board of county commissioners except in cases of actual fraud in the procuring of signatures to the [same.] petition.
κ1993 Statutes of Nevada, Page 1035 (CHAPTER 345, AB 531)κ
Sec. 9. NRS 243.480 is hereby amended to read as follows:
243.480 [1.] The ballots to be voted at [such election shall] the election must have printed thereon the words For removal of the county seat to ............ (inserting the name of the place to which removal is proposed) and Against removal of the county seat to ............ (inserting the name of the place to which removal is proposed). [Such ballots shall] The ballot must be canvassed as in elections for county officers and the returns of [such election shall] the election must be certified by the county clerk to the secretary of state, together with a certified copy of the order of the board of county commissioners and a sworn certificate of the publication thereof, to be filed in the office of the secretary of state.
[2. Any special election held pursuant to the provisions of NRS 243.460 to 243.490, inclusive, shall be conducted as nearly as possible in conformity with the general election laws of this state.]
Sec. 10. NRS 244.3351 is hereby amended to read as follows:
244.3351 1. Except as otherwise provided in subsection 2 of NRS 244.3359, in addition to all other taxes imposed on the [revenues] revenue from the rental of transient lodging, a board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging pursuant to either paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special , primary or general election, the board of county commissioners may impose the tax throughout the county, including its incorporated cities, upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to NRS 278.710, 365.203, 371.045, 373.030 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special , primary or general district election, the board of county commissioners may impose the tax within the boundaries of the transportation district upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to NRS 278.710.
2. A special election may be held only if the the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
3. The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:
κ1993 Statutes of Nevada, Page 1036 (CHAPTER 345, AB 531)κ
(a) 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; and
(b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.
Sec. 11. NRS 244.3661 is hereby amended to read as follows:
244.3661 1. Except as otherwise provided in NRS 704.664, a board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.
2. An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.
3. The ordinance imposing the tax must provide the:
(a) Rate or rates of the tax;
(b) Procedure for collection of the tax;
(c) Duration of the tax; and
(d) Rate of interest that will be charged on late payments.
4. Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid The county shall enforce the lien in the same manner as provided in NRS 361.565 to 361.730, inclusive, for property taxes.
5. A county may:
(a) Acquire and construct a new facility for the treatment of water for public or private use, or both.
(b) Finance the project by the issuance of general obligation or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment purchase financing pursuant to NRS 350.800.
(c) Enter into an agreement with a public utility which provides that:
(1) Water treatment services provided by the facility will be made available to the public utility; or
(2) The public utility will operate and maintain the facility,
or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.
6. A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.
κ1993 Statutes of Nevada, Page 1037 (CHAPTER 345, AB 531)κ
7. As used in this section, public utility has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.030.
Sec. 12. NRS 244A.252 is hereby amended to read as follows:
244A.252 1. A board of county commissioners may by ordinance, but not as in a case of emergency, create one or more transportation districts in the unincorporated area of the county. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:
(a) Organize and maintain the district.
(b) Establish, by ordinance, regulations:
(1) For the administration of its internal affairs.
(2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.
(3) For the establishment and alteration of the boundaries of the district.
(4) Providing for the use of revenue received by the district.
(c) Hold meetings as the governing body of a district in conjunction with its meetings as the board of county commissioners without posting a separate agenda or posting additional notices of the meetings within the district.
(d) Cause a special or general district election to be held in the same manner as provided for other such elections in Title 24 of NRS for the purpose of submitting a question pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or both [.] , or cause the question or questions to be submitted at a primary or general state election.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.
3. The budget of a district created pursuant to this section must comply with the provisions of NRS 354.470 to 354.626, inclusive.
[3.] 4. All persons employed to perform the functions of a district are employees of the county for all purposes.
Sec. 13. NRS 244A.256 is hereby amended to read as follows:
244A.256 1. A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351 or paragraph (a) of subsection 1 of NRS 278.710 or pursuant to NRS 371.045 or, with the consent of the regional transportation commission, received from the proceeds of the tax imposed pursuant to NRS 377A.020, or any combination of money from those sources with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.
κ1993 Statutes of Nevada, Page 1038 (CHAPTER 345, AB 531)κ
for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.
2. A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or any combination of money from those taxes with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in subsection 1 of NRS 244.33514, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.
3. Any money pledged by the county pursuant to subsection 1 or 2 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.
Sec. 14. NRS 244A.775 is hereby amended to read as follows:
244A.775 1. The board shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 3, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
2. If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before April 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the budget of the department in making its determination of the amount of money necessary to be raised by taxation.
3. The maximum rate provided by subsection 1 for the levy of the tax may be increased if the board so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose.
4. A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.
5. The board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.
κ1993 Statutes of Nevada, Page 1039 (CHAPTER 345, AB 531)κ
Sec. 15. Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 266.290 and 266.386, a special election may be held only if the city council determines, by a unanimous vote, that an emergency exists.
2. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city councils determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
Sec. 16. NRS 266.050 is hereby amended to read as follows:
266.050 Any city now or hereafter organized [under] pursuant to a special charter may surrender that charter and become organized [under] pursuant to this chapter in the following manner:
1. Whenever a petition signed by 15 percent of the qualified electors of the city, as they appear from the registration list of qualified electors at the last preceding city election for city officers, is presented to the legislative body of that city, praying that the special charter may be surrendered, and that the city is to be organized [under] pursuant to the provisions of this chapter, the city council shall submit the question at [a special election and appoint a time and place at which the vote must be taken.
2. Notice of the special election must be given and the special election must be held and conducted in the same manner as other special city elections.
3.] the next primary or general municipal election or primary or general state election.
2. If a majority of the votes cast at the [special] election are for city organization [under] pursuant to this chapter, the city shall, [from] on the date the results of the election are declared, be deemed to have surrendered its charter and to be organized [under] pursuant to this chapter.
Sec. 17. NRS 266.290 is hereby amended to read as follows:
266.290 1. The city council may acquire or establish any public utility in the manner provided in this section.
2. The council shall enact an ordinance which must set forth fully and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.
(c) The proposed manner and terms of payment.
3. [Such] The ordinance must be published in full at least once a week for 4 successive weeks in [some] a newspaper of general circulation published in the city.
4. At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for [such] that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for [a special election in the city upon] placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether [or not] the proposed ordinance is to be passed.
κ1993 Statutes of Nevada, Page 1040 (CHAPTER 345, AB 531)κ
ordinance for [such] that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for [a special election in the city upon] placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether [or not] the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or [be valid or] become effective for any purpose whatsoever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.
Sec. 18. NRS 266.386 is hereby amended to read as follows:
266.386 1. Proceedings to sell or lease a city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system.
2. The resolution adopted pursuant to the provisions of subsection 1 [shall:
(a) Call an election for submission of the question of the sale or lease of the electric light and power system;
(b) Designate whether the election shall be consolidated with the next primary or general city or state election, or shall be a special election which the city council is authorized to call; and
(c) Fix the date of the election.] must require that the question of the sale or lease of the electric light and power system be submitted to the voters of the city at a special election or the next primary or general municipal election or primary or general state election.
Sec. 19. NRS 266.3865 is hereby amended to read as follows:
266.3865 1. If the resolution adopted pursuant to [paragraph (b) of subsection 2 of] NRS 266.386 calls a special election, the city clerk shall cause a notice of the election to be published in [some] a newspaper printed in the county and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
2. The notice of the special election [shall] must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which [shall] must be the same as provided for general elections.
(c) A statement of the question in substantially the same form as it will appear on the ballots.
Sec. 20. NRS 266.775 is hereby amended to read as follows:
266.775 1. Whenever one-fourth of the registered voters of any city now existing or hereafter created by general law petition the district court in and for the county [wherein] in which the corporation is situated for the disincorporation of the city, the district court shall cause to be published, for at least 30 days, a notice stating that the question of disincorporating the corporation will be submitted to the registered voters of the corporation at the next city election .
κ1993 Statutes of Nevada, Page 1041 (CHAPTER 345, AB 531)κ
city election . [, or at a special election as the petition may request, and the] The form of the ballot must be For Disincorporation or Against Disincorporation. [Not more than one of those elections may be held in 2 years.
2. If a special election is requested in the petition, the district court shall set the date of the special election not less than 45 nor more than 60 days after the date of the first publication of notice.
3.] 2. The registered voters provided for in this section must be determined from the registration lists as taken from the office of the county clerk for all precincts in the city at the last general election held in the county.
Sec. 21. NRS 267.030 is hereby amended to read as follows:
267.030 Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the [legislative authority] governing body of that city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, the [legislative authority shall, within 20 days after ascertaining that the petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of the city, to be held therein on a date not less than 40 days nor more than 50 days after the effective date of the ordinance or resolution, to elect] governing body shall cause 15 qualified electors [, who] to be elected at the next primary or general municipal election or primary or general state election to frame a charter which provides for a commission form of government for the city. The persons elected must have been residents of the city for at least 2 years preceding their election . [, for the purpose of framing a charter for the city, having for its objects the commission form of government therefor.]
Sec. 22. NRS 267.040 is hereby amended to read as follows:
267.040 Nominations of the electors must be made by petition of one-fifth of the qualified voters of the incorporated city. The petition must be filed with the [legislative authority] governing body of the city at least 30 days before the day of the election, as provided for in NRS 267.030. The names of all candidates so filed must be placed upon the official ballots to be voted at the election . [, which must be conducted under the general election laws of the state.]
Sec. 23. NRS 267.070 is hereby amended to read as follows:
267.070 1. [Upon the affidavits of the publisher and of the person posting copies of the charter being filed with the city clerk of the incorporated city showing that] The governing body of the incorporated city shall cause the proposed charter [has been] to be published once and posted for 30 days [, the legislative authority of the incorporated city shall, within 5 days thereafter,] and provide for the submission [thereof] of the proposed charter to the qualified voters of the incorporated city [.
2. The legislative authority of the incorporated city shall give 30 days notice in three conspicuous places in the incorporated city which notice must specify the object for which the election is called.
3. The election must be conducted under the general election laws of the state.
4.] at the next primary or general municipal election or primary or general state election.
κ1993 Statutes of Nevada, Page 1042 (CHAPTER 345, AB 531)κ
2. The form of ballot concerning the question of the proposed charter at the election must be: For the proposed charter, Against the proposed charter.
[5.] 3. In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented to the voters of the incorporated city and may be voted on separately without prejudice to the others. In submitting the amendments, article or proposition, the form of the ballot must be: For Article No. ..... of the charter, Against Article No. ..... of the charter.
Sec. 24. NRS 267.090 is hereby amended to read as follows:
267.090 If upon the canvass it is found that a majority of the votes [so] cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon attach to the charter a certificate in substance as follows:
I,................, mayor of ................, do hereby certify that in accordance with the terms and provisions of section 8 of article 8 of the constitution, and the laws of the State of Nevada, [the ........ of the city of ............, caused a ............ election to be] an election was held on the .......... day of ................, 19..., [for the purpose of electing] at which 15 qualified electors were elected to prepare a charter for the city of ......................; that notice of the election was given in the manner provided by law; that on the .......... day of ..............., 19..., the election was held, and the votes cast [thereat] at that election were canvassed by the [legislative authority] governing body of the city, and the following persons were declared elected to prepare and propose a charter for the city of .................
That thereafter, on the .......... day of ..............., 19..., the board of electors returned a proposed charter for the city of ................, signed by the following members thereof: .................
That thereafter the proposed charter was published once in a newspaper and posted in three of the most public places in the city, to wit: For one publication, the publication in a newspaper on the .......... day of ..............., 19..., and was posted on the .......... day of ................, 19...
That thereafter, on the .......... day of ................, 19..., [at a ............. election called by the legislative authority of the city,] an election was held at which the proposed charter was submitted to the qualified electors of the city, and the returns of the election were canvassed by the [legislative authority thereof] governing body at a meeting held on the .......... day of ................, 19..., and the result of the election was found to be as follows: For the proposed charter, ........ votes; against the proposed charter, ........ votes. Majority for the proposed charter, ........ votes.
Whereupon the charter was ratified by a majority of the qualified electors voting at the election.
And I further certify that the foregoing is a full, true and complete copy of the proposed charter [so] voted upon and ratified as aforesaid.
κ1993 Statutes of Nevada, Page 1043 (CHAPTER 345, AB 531)κ
In testimony whereof, I hereunto set my hand and affix the corporate seal of the city this .......... day of ................, 19...
...................................................................... ,
Mayor of the city of..................................
Attest:.................................................. ,
Clerk of the city of ............................
Sec. 25. NRS 267.140 is hereby amended to read as follows:
267.140 1. The governing body of an incorporated city having a commission form of government may, on its own motion, and shall, upon receiving a written petition signed by a number of registered voters of the city not less than 25 percent of the number who actually voted at the preceding municipal general election seeking the discontinuance and termination in the city of the commission form of government:
(a) If the incorporated city has a commission form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted . [, and the date of the election if a special election is chosen.] The governing body shall [then] cause to be posted at two public bulletin boards within the city, not less than 10 days before the date of the election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.
(b) If the incorporated city has a commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted . [, and the date of the election if a special election is chosen.] The governing body shall [then] cause to be published once in a newspaper of general circulation in the city , not less than 30 nor more than 60 days before the date of the election , [chosen,] a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.
2. The proposition appearing on the ballot must be in substantially the following terms: For termination of the commission form of government and repeal of the charter and Against termination of the commission form of government and repeal of the charter.
3. [Not more than one of such elections may be held in 2 years.
4. The governing body may by resolution make any necessary provision for a special election not inconsistent with the charter and the election laws of this state; otherwise, the election must be held in accordance with the charter and the election laws of this state.
5.] Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue has been cast for the discontinuance and termination in the city of the commission form of government and for repeal of the charter, the governing body shall proclaim the charter repealed effective:
(a) Immediately if the legislature has not enacted a special charter for the city and the provisions of chapter 266 of NRS supersede the provisions of NRS 267.010 to 267.140, inclusive, as to the city; or
κ1993 Statutes of Nevada, Page 1044 (CHAPTER 345, AB 531)κ
(b) On the date any special charter of the city enacted by the legislature may become effective.
[6.] 4. If, following the election and canvass of returns, it is found that a majority of the votes cast on the issue has been cast against the discontinuance and termination in the city of the commission form of government and against the repeal of the charter, the commission form of government and charter continue in [full force and] effect.
Sec. 26. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city.
2. An amendment to the charter of a city may be:
(a) Made by the legislature.
(b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal to 15 percent or more of the voters who voted at the last preceding general city election, setting forth the proposed amendments.
3. An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next primary or general city election or [at a special election.] primary or general state election.
4. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
5. The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.
6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.
Sec. 27. NRS 268.448 is hereby amended to read as follows:
268.448 1. A city may pledge any money received pursuant to the provisions of NRS 244.3351 or any combination of that money with revenue derived from the project financed with the proceeds of the obligations for whose payment the money and revenue are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the obligations are issued could be directly funded with the tax whose proceeds are pledged for the payment of the securities.
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] 3 of NRS 350.020.
Sec. 28. NRS 268.775 is hereby amended to read as follows:
268.775 1. The council shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 2, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
κ1993 Statutes of Nevada, Page 1045 (CHAPTER 345, AB 531)κ
2. The maximum rate provided by subsection 1 for the levy of the tax may be increased if the council so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a special election or the next primary or general municipal election or [a special election called for that purpose.] primary or general state election.
3. The council shall levy the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the council.
4. A special election may be held only if the council determines, by a unanimous vote, that an emergency exists. The determination made by the council is conclusive unless it is shown that the council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the council must be commenced within 15 days after the councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the council to prevent or mitigate a substantial financial loss to the district or city or to enable the governing body to provide an essential service to the residents of the city.
Sec. 29. NRS 269.0171 is hereby amended to read as follows:
269.0171 1. If the establishment of a town board form of government is proposed by initiative petition, and the proposal is submitted to the electors, the prospective members of the town board must be elected at the same general election in which the proposal is submitted to the electors.
2. Any person who is a resident, is a qualified elector and desires to become a candidate for the position of member of a town board must, within the time specified by subsection 3, file in the office of the county clerk a notice of his intention to become [such] a candidate. The notice of intention must show that [such a] the person possesses the qualifications required by this section. Each person filing the notice of intention as required by this section is entitled to have his name placed on the official ballot.
3. [If the initiative petition and the election of the members of the town board are submitted to the electors:
(a) At a special election, the notice of intention required by subsection 2 must be filed at least 30 days before the date of the election.
(b) At a general election, the] The notice of intention required by subsection 2 must be filed not later than 5 p.m. on the second Tuesday in May of the year in which the election is held.
4. If the proposal to establish a town board form of government is approved at the election, members of the town board elected pursuant to this section [shall serve as such] serve as members until the next general election.
Sec. 30. NRS 269.550 is hereby amended to read as follows:
269.550 1. If the petition presented to the board contains the requisite number of signatures pursuant to subsection 1 of NRS 269.540 and otherwise meets the requirements provided in NRS 269.545, the board may, by ordinance, proceed with the formation of the unincorporated town. The ordinance [shall] must contain a clear designation of the boundaries, a listing of services to be provided and the number of members to be on the town advisory board.
κ1993 Statutes of Nevada, Page 1046 (CHAPTER 345, AB 531)κ
2. If the petition presented to the board contains the requisite number of signatures pursuant to subsection 2 of NRS 269.540, the board may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for [such town, at a special election or] that town at the next succeeding primary or general election. As a part of the question there must be included the statement that an affirmative vote carries with it the assent to be taxed for the service or services indicated in the boards resolution.
Sec. 31. NRS 269.555 is hereby amended to read as follows:
269.555 The board may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for [such town, at a special or] the town at the next succeeding primary or general election. As a part of [such question there shall] the question there must be included the statement that the affirmative vote carries with it the assent to be taxed for the service indicated in the boards resolution.
Sec. 32. NRS 269.560 is hereby amended to read as follows:
269.560 If a majority of the registered voters residing within the boundaries of the proposed unincorporated town and voting on the question in the [special] primary or general election as provided in subsection 2 of NRS 269.550 or in NRS 269.555 approve the question, the board shall by ordinance proceed with the formation of [such] the unincorporated town. The ordinance must contain a clear designation of the boundaries, a listing of the services to be provided and the number of members to be on the town advisory board.
Sec. 33. NRS 278.710 is hereby amended to read as follows:
278.710 1. A board of county commissio ners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to [either] paragraph (a) or (b) as follows:
(a) After receiving the approval of a majority of the registered voters of the county voting on the question at a [regular or] special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351, 365.203, 371.045, 373.030 or 377A.020, or any combination thereof.
(b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special or general district election [,] or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
κ1993 Statutes of Nevada, Page 1047 (CHAPTER 345, AB 531)κ
action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.
3. The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not exceed $500 per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners, or 50 cents per square foot on other new development. If so provided in the ordinance, a newly developed lot for a mobile home shall be considered a single-family dwelling unit of new residential development.
[3.] 4. The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. 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.
[4.] 5. In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;
(b) [Payment of] The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
[5.] 6. In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;
κ1993 Statutes of Nevada, Page 1048 (CHAPTER 345, AB 531)κ
tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;
(b) [Payment of] The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
[6.] 7. The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
[7.] 8. The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.
Sec. 34. Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 279.626 and 279.636, a special election may be held only if the legislative body of the community determines, by a unanimous vote, that an emergency exists.
2. The determination made by the legislative body is conclusive unless it is shown that the legislative body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the legislative body must be commenced within 15 days after the legislative bodys determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the legislative body to prevent or mitigate a substantial financial loss to the community or to enable the legislative body to provide an essential service to the residents of the community.
Sec. 35. NRS 279.050 is hereby amended to read as follows:
279.050 Blighted area means an area which, by reason of the presence of a substantial number of slums, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals [,] or welfare in its present condition and use. If such blighted area consists of open land, the conditions contained in subsection [6] 7 of NRS 279.270 [shall] apply. Any disaster area referred to in subsection [9] 10 of NRS 279.270 [shall constitute] constitutes a blighted area.
Sec. 36. NRS 279.210 is hereby amended to read as follows:
279.210 Urban renewal plan means a plan, as it exists from time to time, for an urban renewal project, which plan:
1. [Shall] Must conform to the general plan for the municipality as a whole except as provided in subsection [9] 10 of NRS 279.270; and
κ1993 Statutes of Nevada, Page 1049 (CHAPTER 345, AB 531)κ
2. [Shall] Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plans relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
Sec. 37. NRS 279.270 is hereby amended to read as follows:
279.270 1. A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined [such] the area to be a slum area or a blighted area or a combination thereof and designated [such] the area as appropriate for an urban renewal project. For this purpose and other municipal purposes, [authority is hereby vested in] every municipality [to prepare, to adopt and to] may:
(a) Adopt and revise, from time to time, a general plan for the physical development of the municipality as a whole, giving due regard to the environs and metropolitan surroundings; [to establish]
(b) Establish and maintain a planning commission for [such] that purpose and any other related municipal planning activities; and [to make]
(c) Make available and [to] appropriate the necessary [funds] money therefor.
A municipality shall not acquire real property for an urban renewal project unless the project has been finally approved pursuant to subsection 5 . [hereof.]
2. The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. [Prior to] Before its approval of an urban renewal project, the local governing body shall submit [such] the plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within 30 days , [then without such recommendations,] the local governing body may , without recommendations, proceed with the hearing on the proposed urban renewal project prescribed by subsection 3 . [hereof.]
3. The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice [shall describe] must:
(a) Include the time, date, place and purpose of the hearing [, shall generally identify] ;
(b) Identify generally the urban renewal area covered by the plan [, and shall outline] ; and
(c) Outline the general scope of the urban renewal project under consideration.
κ1993 Statutes of Nevada, Page 1050 (CHAPTER 345, AB 531)κ
4. Following [such] the hearing, the local governing body may tentatively approve an urban renewal project if it finds that:
(a) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to [such] those families;
(b) The urban renewal plan conforms to the general plan of the municipality as a whole; and
(c) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.
5. If the local governing body has tentatively approved an urban renewal project, it shall [then submit such] submit the project to the registered voters of the municipality at a [regular or] special election called for that purpose [.] or the next primary or general municipal election or primary or general state election. If a majority of the votes cast on the issue are cast in favor of the project, [it shall stand as] the project is finally approved. If a majority of the votes cast on the issue are cast against the project, the governing body shall proceed no further. A proposed urban renewal project so defeated may be resubmitted to the registered voters of the municipality at a special election or at the next primary or general municipal election or primary or general state election only after the holding of a new public hearing and tentative reapproval in the manner provided by subsections 3 and 4 for original proceedings.
6. A special election may be held only if the local governing body determines, by a unanimous vote, that an emergency exists. The determination made by the local governing body is conclusive unless it is shown that the local governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the local governing body pursuant to subsection 1 must be commenced within 15 days after the local governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the local governing body to prevent or mitigate a substantial financial loss to the municipality or to enable the local governing body to provide an essential service to the residents of the municipality.
7. If the urban renewal area consists of an area of open land to be acquired by the municipality, [such area shall] that area must not be so acquired unless:
(a) If it is to be developed for residential uses, the local governing body [shall determine that a] determines that:
(1) A shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; [that the]
(2) The need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area; [that the]
(3) The conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and [that the]
κ1993 Statutes of Nevada, Page 1051 (CHAPTER 345, AB 531)κ
disease and crime and constitute a menace to the public health, safety, morals or welfare; and [that the]
(4) The acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or
(b) If it is to be developed for nonresidential uses, the local governing body [shall determine that such] determines that the nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives [, which] and that the acquisition may require the exercise of governmental action, as provided in NRS 279.010 to 279.380, inclusive, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of [such] these factors or other conditions which retard development of the area.
[7.] 8. An urban renewal plan may be modified at any time [; but] except that the area covered may not be enlarged after the plan has been finally approved as provided in subsection 5, and if modified after the lease or sale by the municipality of real property in the urban renewal project area, [such] the modification may be conditioned upon [such] the approval of the owner, lessee or successor in interest as the municipality may deem advisable, and [in any event shall be] is subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.
[8.] 9. Upon the approval by a municipality of an urban renewal plan or of any modification thereof, [such] the plan or modification shall be deemed to be in full [force and] effect for the respective urban renewal area and the municipality may [then cause such] cause the plan or modification to be carried out in accordance with its terms.
[9.] 10. Notwithstanding any other provisions of NRS 279.010 to 279.380, inclusive, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the governor has certified the need for disaster assistance [under] pursuant to the provisions of an Act of Congress entitled An Act to authorize Federal assistance to state and local governments in major disasters, and for other purposes, approved September 30, 1950, being c. 1125, 64 Stat. 1109, also designated as 42 U.S.C. §§ 1855 to 1855g, inclusive, as amended or supplemented, or other federal law, the local governing body may approve tentatively as urban renewal plan and an urban renewal project with respect to [such] the area without regard to the provisions of subsections 4 and [6] 7 of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project.
Sec. 38. NRS 279.626 is hereby amended to read as follows:
279.626 Except as otherwise provided in NRS 279.382 to 279.680, inclusive, any general obligation bonds issued by any community pursuant to NRS 279.620 to 279.632, inclusive, [shall] must be authorized and issued in the manner and within the limitations prescribed by law or the charter of the community for the issuance and authorization of [such] the bonds for public purposes generally.
κ1993 Statutes of Nevada, Page 1052 (CHAPTER 345, AB 531)κ
community for the issuance and authorization of [such] the bonds for public purposes generally. Irrespective of any limitation as to the amount of general obligation bonds which may be issued, a community may issue [such] the bonds for the purposes prescribed in NRS 279.620 to 279.632, inclusive, in excess of the limitation, in such amount as may be authorized by the voters of the community at any special, primary or general [or special election.] election if the community is a county, and at any special election or primary or general municipal election or primary or general state election, if the community is a city.
Sec. 39. NRS 279.636 is hereby amended to read as follows:
279.636 1. An agency may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:
(a) Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with [such] those proceeds together with financial assistance from the state or Federal Government in aid of the projects.
(b) Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds.
(c) In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of NRS 279.674 to 279.680, inclusive.
(d) From its revenues generally.
(e) From any contributions or other financial assistance from the state or Federal Government.
(f) By any combination of these methods.
2. Any of [such] the bonds may be additionally secured by a pledge of any [revenues] revenue or by an encumbrance by mortgage, deed of trust or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subsection 1.
3. Amounts payable in any manner permitted by this section may be additionally secured by a pledge of the full faith and credit of the community whose legislative body has declared the need for the agency to function. Such additional security may only be provided upon the approval of the majority of the voters voting on the question at a primary or general election or a special election called for that purpose. In its proposal to its voters the governing body shall define the area to be redeveloped, the primary source or sources of [revenues] revenue first to be employed to retire the bonds and the maximum sum for which the city may pledge its full faith and credit in connection with the bonds to be issued for the project.
Sec. 40. Chapter 309 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 309.130, 309.170, 309.180, 309.230, 309.330, 309.333 and 309.390, a special election may be held only if the board of directors of a local improvement district determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
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challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
Sec. 41. NRS 309.050 is hereby amended to read as follows:
309.050 1. When such a petition is presented, and it [shall appear] appears that the notice of the presentation of the petition has been given and that the petition has been signed by the requisite number of petitioners as required by this chapter, the board of county commissioners shall hold a hearing on the petition and may adjourn [such] the hearing from time to time not exceeding 3 weeks in all.
2. Contiguous or neighboring lands that may be benefited by the proposed improvement, not included in [such] the district as described in the petition, may at [such] the hearing, upon application of the holder or holders of title or evidence of title thereto as prescribed in NRS 309.030, be included in [such] the district, and lands described in the petition and lands in the district which may not be benefited by the proposed improvement may, upon similar application, be excluded therefrom [; but] , except that the board of county commissioners shall not modify the boundaries described in the petition so as to change the object of the petition or so as to exempt from the operation of this chapter any land which is benefited by the proposed improvement.
3. In the hearing of any such petition the board of county commissioners shall disregard any informalities [therein, and in case it deny the same or dismiss it for any reasons on account of] contained in the petition and if the board denies or dismisses the petition because the provisions of this chapter have not [having] been complied with, which are the only reasons upon which it [shall have the right to] may refuse or dismiss the [same,] petition, it shall state its reasons in writing therefor in detail, which [shall] must be entered upon its records . [, and in case] If the reasons are not well founded , the district court of the county shall issue a writ of mandamus , [shall,] upon proper application therefor, [issue out of the district court of the county compelling it] compelling the board of county commissioners to act in compliance with this chapter . [, which writ shall] The writ must be heard within 20 days [from] after the date of issuance [, such time to] and that time must be excluded from the time given the board of county commissioners to act upon the petition.
4. Upon the completion of the hearing, the board of county commissioners shall forthwith make an order denying or granting the prayer of the petition . [, and if the same] If the petition is granted , the board of county commissioners shall, in the order, define and establish the boundaries and designate the name of [such] the proposed district and divide the [same] district into three, five or seven divisions, as prescribed in the petition, as nearly equal in size and number of owners as may be practicable. Thereupon, the board of county commissioners shall, by further order [duly entered upon their record, call an election of] entered upon its record, submit to the qualified electors of the proposed district [to determine whether such] at the next primary or general election the question of whether the district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district.
κ1993 Statutes of Nevada, Page 1054 (CHAPTER 345, AB 531)κ
election the question of whether the district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district. One director [shall] must be elected from each division by the qualified electors of the district and [shall] must be a qualified elector of the district and holder of title or evidence of title, as prescribed in NRS 309.030, to land within the division from which he is elected. Each division [shall constitute] constitutes an election precinct for the purposes of this chapter [; but] , except that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein.
5. The board of county commissioners shall give notice of [such election, which shall be published for 2 weeks prior to such] the election and publish the notice for 2 weeks before the election in a newspaper within the county where the petition is filed. [Such notice shall] The notice must contain the words Local Improvement District — Yes, or Local Improvement District — No, or words equivalent thereto, and the names of persons to be voted for as directors. [For the purpose of this election the board of county commissioners shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election.]
6. The number of directors and the number of divisions of any district organized [under] pursuant to the laws of this state [shall] must not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. The record of the board of county commissioners of the proceedings had and taken by it [under] pursuant to the provisions of this chapter [shall be,] is, in the absence of fraud, conclusive evidence of the matters and things therein recited.
Sec. 42. NRS 309.060 is hereby amended to read as follows:
309.060 [1. Except as otherwise provided in this chapter, all such elections shall be conducted as nearly as may be practicable in accordance with the general election laws of this state, including the right to vote by absent voters ballot.
2.] The board of county commissioners shall meet on the [2nd] second Monday succeeding the election provided for in NRS 309.050 and proceed to canvass the votes [cast thereat,] and, if upon [such canvass it appear] the canvass it appears that a majority of votes cast were for Local Improvement District — Yes, the board, by an order entered upon its minutes, shall declare [such territory duly] the territory organized as an improvement district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for directors to be [duly] elected, and shall cause a copy of [such] the order and a plat of the district, each [duly] certified by the clerk of the board of county commissioners, to be [immediately] filed immediately for record in the office of the county recorder of each county in which any portion of [such lands are] the district is situated, and certified copies thereof [shall] must also be filed with the county [clerk of such counties, and thereafter] clerks of those counties. Thereafter the organization of the district [shall be] is complete.
κ1993 Statutes of Nevada, Page 1055 (CHAPTER 345, AB 531)κ
Sec. 43. NRS 309.130 is hereby amended to read as follows:
309.130 1. The board of directors [shall have power:
(a) To manage] may:
(a) Manage and conduct the business and affairs of the district.
(b) [To make] Make and execute all necessary contracts.
(c) [To employ] Employ and appoint such agents, officers and employees, delegates to conventions, or other representatives in the interest of the district as may be required and prescribe their duties and remunerations.
(d) [To establish] Establish bylaws, rules and regulations for the district. The bylaws, rules and regulations [shall] must be printed in convenient form for distribution throughout the district.
2. The board and its agents and employees [shall have the right to] may enter upon any land to make surveys [,] and may locate the necessary works on any lands which may be deemed best for such a location.
3. The board [shall also have the right:
(a) To acquire, either] may:
(a) Acquire by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, [either] within or without the State of Nevada. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment of not less than 90 percent of their par value and accrued interest.
(b) [To acquire] Acquire or contract for the delivery of electric power and electric power or transmission lines [; but] , except that the board shall not [have the power to] acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $15,000 without first [calling a special election thereon] receiving the approval of the voters at a special election, district election or primary state election as provided in this chapter.
4. The board may do any [and every] lawful act necessary to be done [in order] to accomplish the things and purposes [herein described.] described in this section.
5. The collection, storage, conveyance, distribution and use of water by or through the works of improvement districts hereafter organized, together with the rights of way for sewers, sites for reservoirs, electric power and transmission lines, and all other works and property required to [fully] carry out fully the provisions of this chapter, are hereby declared to be a public use.
6. The board of directors [is hereby empowered to] may change the boundaries of one or more divisions of the district [in order to more nearly equalize] to equalize more nearly the number of electors in the respective divisions, whenever in the opinion of the board , it is advisable to so do [; but new lands shall not] , except that no new lands may be included within the district boundaries, and lands within the district boundaries and lands within the district [shall] must not be excluded by such a change of boundaries, except as otherwise provided in this chapter. [Such] The change of division boundaries [shall become] is effective when a certified copy of a resolution making [such] that change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, [shall be] is filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate.
κ1993 Statutes of Nevada, Page 1056 (CHAPTER 345, AB 531)κ
making [such] that change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, [shall be] is filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate.
7. The board [is hereby authorized and empowered to] may institute, maintain and defend, in the name of the district, [any and] all actions and proceedings, suits at law and in equity.
Sec. 44. NRS 309.170 is hereby amended to read as follows:
309.170 1. As soon as practicable after the organization of a district, the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operations in which it shall state what constructed works or other property it proposes to purchase and the cost of purchasing the [same, and also] property and what construction work it proposes to do, and how it proposes to raise the [funds] money for carrying out [such] the general plan. The board shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work. All such surveys, examinations, maps, plans and estimates [shall] must be made under the direction of a competent engineer and certified by him. Upon receiving his report the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and the construction of works . [, and shall immediately thereafter call a special election at which shall be submitted] The board shall, at a special election or the next district election or primary state election, submit to the electors of the district possessing the qualifications prescribed by this chapter the question of whether [or not] the expense shall be authorized and whether by bond issue or otherwise.
2. Notice of [such] the election must [be given by posing notices in 3 public places in which election precinct in the district not less than 15 nor more than 20 days before the date of election, and the publication thereof for 3 weeks in some newspaper published in the county where the district was organized. Such notice shall] specify the time of holding the election, the amount of bonds proposed to be issued [, and shall state in substance] and a statement that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board.
3. The election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this chapter governing the election of officers, and no informalities in conducting [such an election shall invalidate the same if it shall have been] the election will invalidate the election if it was otherwise fairly conducted.
4. At [such an] the election the ballot [shall] must contain the words ................ (Question) Yes, or ................ (Question) No, or words equivalent thereto. If two-thirds or more of the votes cast are Yes, the board of directors [shall be authorized to] may incur the expense, and, if a bond [issued be] issue is authorized, shall cause bonds in the amount authorized to be issued. If more than one-third of the votes cast at any bond election are No, the result of [such election shall] the election must be so declared and entered of record. Thereafter, whenever the board in its judgment deems it [for] in the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, [shall] be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit [such] that question to the electors in the same manner and with like effect as [at such] the previous election, but no question [shall] may be resubmitted to the electors within 1 year after the [same] question has been voted upon and rejected.
κ1993 Statutes of Nevada, Page 1057 (CHAPTER 345, AB 531)κ
bonds in such amount, or in any other amount, [shall] be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit [such] that question to the electors in the same manner and with like effect as [at such] the previous election, but no question [shall] may be resubmitted to the electors within 1 year after the [same] question has been voted upon and rejected.
Sec. 45. NRS 309.180 is hereby amended to read as follows:
309.180 1. The bonds authorized by vote must be designated as a series, and the series must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time must be designated as an issue and each issue must be numbered in its order. The bonds of [such] that issue must be numbered consecutively commencing with those earliest falling due. They must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons must be attached thereto, and all bonds and coupons must be dated on January 1 or July 1 next following the date of their authorization . [, and they] The bonds must bear interest at a rate which does not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1 and July 1 of each year. The principal and interest must be payable at the place designated therein. Each bond must be of a denomination of not less than $100 nor more than $1,000, and must be signed by the president and secretary, and the seal of the district affixed thereto. Coupons attached to each bond must be signed by the secretary. The bonds must express on their face that they were issued by the authority of this chapter, naming it, and must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received [,] and the name of the purchaser.
2. In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plan by levy or assessment [therefor; but] , except that when the money obtained by any previous issue of bonds has become exhausted by expenditures authorized by this chapter, and it becomes necessary to raise additional money to carry out the adopted plan, additional bonds may be issued if authorized by the electors of the district at [an] a special election for that purpose [.] or a district election or primary state election. The election must be [called and otherwise] conducted in accordance with the provisions of this chapter [in] with respect to an original issue of bonds.
3. The lien for taxes for the payment of interest and principal of any bond series is a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to a vote by the electors of the district at the election authorizing the bonds.
Sec. 46. NRS 309.230 is hereby amended to read as follows:
309.230 1. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to [otherwise] carry out the objects and purposes of this chapter.
κ1993 Statutes of Nevada, Page 1058 (CHAPTER 345, AB 531)κ
construction of works and the acquisition of property and rights and to [otherwise] carry out the objects and purposes of this chapter.
2. Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest , they may be disposed of without advertising . [; otherwise] If the bonds cannot be sold at par with accrued interest, notice must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.
3. At the time appointed , the board shall publicly open the proposals and sell the bonds to the highest responsible bidder [,] or it may reject all bids . [; but in case] If no bids are received [, or in case] or no award is made, the board thereafter may [either] readvertise the bonds or any part thereof for sale or sell the bonds or any part thereof at private sale, upon any terms not inconsistent with the other provisions of this chapter. In no event may the board sell any of the bonds for less than 90 percent of the par value thereof and accrued interest.
4. The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for the construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for [such] the construction, and may enter into contracts providing for the payment of [such] the construction in bonds, which contracts may provide for the payment of a fixed contract price, or the cost of [such] the construction plus a fixed percentage thereof, or the cost of [such] the construction plus a fixed sum, in the discretion of the board, but 90 percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for [such] the construction.
5. If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed [for] in the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may [, in its discretion,] cancel the bonds and levy an assessment in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled. Assessments made in lieu of bonds canceled must be collected in the same manner and have the same [force and] effect as other assessments levied [under] pursuant to the provisions of this chapter [; but] , except that such an assessment must not during any 1 year exceed 10 percent of the total bond issue authorized by the district, unless a greater assessment is authorized by a majority vote of the qualified electors of the district voting at a [general election or a] special election called for that purpose [.] or district election or primary state election.
Sec. 47. NRS 309.330 is hereby amended to read as follows:
309.330 1. The board of directors of a district may at any time when deemed advisable [call a special election and] submit to the qualified electors of the district at a special election, district election or primary state election the question whether [or not] a special assessment shall be levied [for the purpose of raising] to raise money to be applied to any of the purposes provided in this chapter.
κ1993 Statutes of Nevada, Page 1059 (CHAPTER 345, AB 531)κ
the question whether [or not] a special assessment shall be levied [for the purpose of raising] to raise money to be applied to any of the purposes provided in this chapter.
2. [Such election shall be called and the same shall] The election must be held and the result thereof determined and declared in all respects in conformity with the provisions of this chapter in respect to bond elections. The notice [shall] must specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.
3. At [such] the election the ballots [shall] must contain the words Assessment — Yes, or Assessment — No. If two-thirds or more of the votes cast are Assessment — Yes, the board shall immediately proceed to apportion the benefits, if [such] that apportionment is to be made, and to levy an assessment sufficient to raise the amount voted. The assessment so levied [shall] must be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for [herein] in this chapter and when received by the treasurer of the district [shall] must be deposited and kept in the construction fund.
4. At [such an] the election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre [for the purpose of providing] to provide a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity for [same arises.] repairs and construction arise. In such case if a general description of the proposed undertaking is provided, no plans and specifications [need not be made] are required to be provided in advance . [; a general description of the contemplated undertaking shall be sufficient.] If the proposition [be carried by] is approved by two-thirds of the electors, the board [shall be authorized to levy such] may levy that assessment and [same shall] it must be collected as are other assessments under this chapter. [Moneys] Money realized from [such assessments shall] those assessments must be deposited and kept in the general fund and disbursed by the treasurer in [accord] accordance with the direction of the board or rules and regulations established by it.
Sec. 48. NRS 309.333 is hereby amended to read as follows:
309.333 1. Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, to carry out the objects or purposes hereof, requiring the creation of a general obligation indebtedness of $5,000 or more, the board shall [order the submission of] submit the proposition of issuing general obligation bonds to the electors of the district at an election held for that purpose [.
2. Elector] or at the next district election or primary state election.
2. As used in this section, elector means any person entitled to vote as described in NRS 309.110 [. A] and includes a person who is obligated to pay general taxes under a contract to purchase real property within the district
[shall be considered as an owner within the meaning of such definition.]
κ1993 Statutes of Nevada, Page 1060 (CHAPTER 345, AB 531)κ
Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required. The election officials may in their discretion require the execution of voter affidavits in determining [such] qualifications to vote at such bond elections.
3. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.
4. There [shall] must be no absentee voting at any such election.
5. The resolution required by subsection 1 must include:
(a) A declaration of public interest or necessity [required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:
(a) Recite the] ;
(b) The objects and purposes for which [such] the indebtedness is proposed to be incurred [, the] ;
(c) The estimated cost of the works or improvements, [as the case may be (] including interest on [such] the general obligation bonds for not exceeding 12 months [from] after their date and including the total of all estimated expenses incidental to their issuance [), the] ;
(d) The amount of principal of the indebtedness to be incurred therefor [, and the] ;
(e) The maximum rate of interest to be paid on [such indebtedness.
(b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of such proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint officers of such election.] the indebtedness; and
(f) The date of the special election or the next district election or primary state election at which the proposition of issuing general obligation bonds will be submitted to the electors of the district.
Sec. 49. NRS 309.336 is hereby amended to read as follows:
309.336 1. If it appears from the returns that a majority of the electors of the district who have voted on any proposition submitted [under] pursuant to the provisions of NRS 309.332 to 309.339, inclusive, at [such] the election voted in favor of [such] the proposition, the district [shall thereupon be authorized to] may issue and sell [such] general obligation bonds of the district for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.
2. Submission of the proposition of incurring [such] the general obligation indebtedness at [such an election shall not prevent or] a special election, district election or primary state election does not prohibit the submission of the same proposition or other propositions at a subsequent special election, district election or primary state election . [or elections called for such purpose.]
κ1993 Statutes of Nevada, Page 1061 (CHAPTER 345, AB 531)κ
Sec. 50. NRS 309.390 is hereby amended to read as follows:
309.390 1. Subject to the provisions of subsection 2, the board of directors [shall have the power to] may sell, lease, contract to sell, or otherwise dispose of the improvements constructed [under] pursuant to the provisions of this chapter.
2. Such a sale, lease [,] or contract of sale, or other transaction relating to the disposition or change of control of the property [shall not become effective or valid] is not effective until ratified and approved at a special [election held for that purpose in the same manner that other elections are held under the terms of this chapter and carried] election, district election or primary state election by two-thirds of the votes cast at [such] the election.
Sec. 51. NRS 318.118 is hereby amended to read as follows:
318.118 1. In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, the board [shall have the power:
(a) To take] may:
(a) Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica [either] in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from [such] that territory migrate or are caused to be carried into the district;
(b) Subject to the paramount control of any county or city in which the district has jurisdiction, [to] abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica [either] in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats or liver fluke or fasciola hepatica from [such] that territory migrate or are caused to be carried into the district;
(c) If necessary or proper, in the furtherance of the objects of this chapter, [to] build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and [to] acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights of way, easements, property or material necessary for any of those purposes;
(d) [To make] Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;
(e) [To enter] Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica exist upon [such] those lands;
(f) [To abate] Abate public nuisances in accordance with this chapter;
(g) [To ascertain] Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon [such] those lands;
(h) [To treat] Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon [such lands; and
(i) To sell] those lands;
κ1993 Statutes of Nevada, Page 1062 (CHAPTER 345, AB 531)κ
(i) Sell or lease any land, rights of way, easements, property or material acquired by the district; and [to sell]
(j) Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days notice given by publication.
2. In connection with the basic power stated in this section, the district [shall have the power:
(a) To levy] may:
(a) Levy annually a general (ad valorem) property tax of not exceeding:
(1) Fifteen cents on each $100 of assessed valuation of taxable property; or
(2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.
(b) [To levy] Levy a tax in addition to a tax authorized in paragraph (a), if [such] the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to [6,] 7, inclusive.
3. The proceeds of any tax levied pursuant to the provisions of this section [shall] must be used for [the] purposes pertaining to the basic purpose stated in this section, including without limitation the establishment and maintenance of:
(a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and
(b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.
4. Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of [funds] money required during an ensuring fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:
(a) [Call an election to] At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional [funds;] money;
(b) Provide the form of the ballot for the election, which [ballot shall] must contain the words Shall the district vote a tax to raise the additional sum of ........? or words equivalent thereto;
(c) Provide the form of the notice of the election and provide for [such] the notice to be given by publication; and
(d) Arrange other details in connection with the election.
5. A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
κ1993 Statutes of Nevada, Page 1063 (CHAPTER 345, AB 531)κ
by the board to prevent or mitigate substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
6. Except as otherwise provided in this chapter:
(a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;
(b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and
(c) The board shall canvass the returns of the election at any regular or special meeting held within 5 days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.
[6.] 7. If a majority of the qualified electors of the district who voted on any proposition authorizing [such] the additional tax voted in favor of [such] the proposition, and the board so declares the result of the election:
(a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount [shall] must be prorated for each county by the district board in the same way that the districts original total estimate of [funds] money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and
(b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.
[7.] 8. The district shall not [have the power in connection with the basic power stated in subsection 1:
(a) To borrow] :
(a) Borrow money except for short-term financing pursuant to chapter 354 of NRS;
(b) [To levy] Levy special assessment; [nor
(c) To fix] or
(c) Fix any rates, fees or other charges except as otherwise provided in this section.
[8.] 9. The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at his or their last known address or addresses, as ascertained from any source the board deems reliable, or in the absence of [such] the abatement within a reasonable period [of time] fixed by the board, to cause the district to abate [such] the nuisance, as follows:
(a) At the hearing the district board shall redetermine whether [or not] the owner [shall] must abate the nuisance and prevent its recurrence, and shall specify a time within which the work [shall] must be completed;
κ1993 Statutes of Nevada, Page 1064 (CHAPTER 345, AB 531)κ
(b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;
(c) The cost of abatement [shall] must be repaid to the district by the owner;
(d) [All sums] The money expended by the district in abating a nuisance or preventing its recurrence [are] is a lien upon the property on which the nuisance is abated or its recurrence prevented;
(e) Notice of the lien [shall] must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;
(f) An action to foreclose the lien [shall] must be commenced within 6 months after the filing and recording of the notice of lien;
(g) The action [shall] must be brought by the district board in the name of the district;
(h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure [shall] must be paid to the district [;] and the surplus, if any, [shall] must be paid to the owner of the property if known, and if not known, [shall] must be paid into the court in which the lien was foreclosed for the use of the owner [when] if ascertained; and
(i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation [; but] , except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property [under] pursuant to this chapter upon presentation by the district board of a verified claim or bill.
Sec. 52. NRS 318.1194 is hereby amended to read as follows:
318.1194 1. In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 100,000, no franchise may be granted [under] pursuant to NRS 711.190 unless approved by the qualified electors of [such] the district.
2. The board of county commissioners of the county where such a district is located shall order that the question of approval of the franchise or certificate be voted upon by the qualified electors of the district [not less than 30 days nor more than 90 days after the franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue the certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the election must be held at the same time as the primary or general election. The general election laws of the state apply to any special election held under the provisions of this section.] at a special election or the next primary or general election.
3. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
κ1993 Statutes of Nevada, Page 1065 (CHAPTER 345, AB 531)κ
action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board of trustees to provide an essential service to the residents of the district.
Sec. 53. NRS 349.005 is hereby amended to read as follows:
349.005 As used in NRS 349.010 to 349.070, inclusive [:
1. Bond] , bond question means any proposal for the issuance of bonds or otherwise for the incurrence of a loan.
[2. General election means a general election, primary election and any other regular statewide election.]
Sec. 54. NRS 349.010 is hereby amended to read as follows:
349.010 1. Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount which does not contravene the limit of indebtedness provided by the constitution of the State of Nevada, the proposal for the bond issue or loan may be submitted to the electors of the state at a special, primary or general [or a special election called for that purpose.] election.
2. A special election may be held only if the state board of examiners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the state board of examiners to prevent or mitigate a substantial financial loss to the state or to enable the state to provide an essential service to the residents of the state.
Sec. 55. NRS 349.015 is hereby amended to read as follows:
349.015 1. Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued.
(d) A disclosure of any:
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and
(2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) The maximum amount of the bonds.
(f) The maximum rate of interest.
(g) The maximum number of years which the bonds are to run.
κ1993 Statutes of Nevada, Page 1066 (CHAPTER 345, AB 531)κ
2. Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.
Sec. 56. NRS 349.320 is hereby amended to read as follows:
349.320 1. [Subject to the provisions of subsections 2, 3, 4 and 5, nothing contained herein shall be construed as authorizing] Except as otherwise provided in subsections 2 to 5, inclusive, this section does not authorize the state to issue any state securities constituting a debt for the purpose of funding or refunding state securities constituting special obligations which do not constitute an indebtedness.
2. Any special obligation securities of the state pertaining to any project may be funded or refunded by general obligation securities pertaining to the project only if the state is authorized by law to issue [such] those funding or refunding securities at the time of their issuance, even though the state was not so authorized to issue them at the time of the issuance of any such funded or refunded securities.
3. If the issuance of general obligation bonds to defray the cost of the project is conditioned upon their approval by the qualified electors of the state at [an] a special, primary or general election, any general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise, may be issued only if the bonds have been so approved at [an] a special, primary or general election in the manner provided by law.
4. If a debt limitation pertains to any general obligation bonds or other securities of the state constituting an indebtedness and relating to any project, no general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise (in contradistinction to funding or refunding bonds merely reevidencing an indebtedness formerly evidenced by the securities funded or refunded), [shall] may be issued in a principal amount exceeding [such] that debt limitation.
5. No bonds of the state [shall] may be refunded by the issuance of its interim debentures, its notes or its warrants. No interim debentures of the state [shall] may be funded by the issuance of its notes or its warrants.
Sec. 57. NRS 350.020 is hereby amended to read as follows:
350.020 1. Except as otherwise permitted by subsection 2, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at [a general election or] a special election called for that purpose [.] or the next primary or general municipal election or primary or general state election.
2. A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.
κ1993 Statutes of Nevada, Page 1067 (CHAPTER 345, AB 531)κ
this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.
3. If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net [revenues] revenue of a project to be financed by its issue, and the governing body determines that the pledged [revenues] revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may incur this general obligation without an election unless, within 30 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not [fewer] less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Publication must be made once in a newspaper of general circulation in the municipality.
[3.] 4. A municipality may issue special obligations without an election.
Sec. 58. NRS 350.022 is hereby amended to read as follows:
350.022 1. Whenever a municipality by ordinance or resolution, as the governing body may determine, has ordered [an election for the submission of] that a proposal to issue or incur general obligations [,] be submitted to the voters at a special election or the next primary or general municipal election or primary or general state election, the clerk shall cause notice of the election to be published in [some] a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.
2. If no newspaper is printed in the municipality, [then] publication of the notice of election must be made in [some] a newspaper printed in the State of Nevada and having a general circulation in the municipality.
Sec. 59. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as otherwise provided in subsection 2, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) A disclosure of any:
κ1993 Statutes of Nevada, Page 1068 (CHAPTER 345, AB 531)κ
(1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and
(2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.
(e) The maximum amount of the obligations.
(f) The maximum number of years which the obligations are to run.
(g) An estimate of the tax rate necessary to provide for debt service upon the obligations for each date when they are to be issued or incurred. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
2. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election [. If the election is consolidated with the general election, a primary election or a municipal election, the] or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
3. If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.
Sec. 60. NRS 350.030 is hereby amended to read as follows:
350.030 1. If the election is not consolidated with another election, the municipality shall pay the expenses of conducting it. Any proposal to issue or incur general obligations may be submitted on the same ballot as otherwise used at a primary or general municipal election [,] or primary or general state election or may be submitted by separate ballot, as the governing body may determine.
2. No defect in the statement of such a proposal other than in the statement of the maximum amount to be authorized invalidates the proposal.
3. The qualifications of voters, the manner of registration and voting, and the manner of counting the votes cast are governed by the general election laws insofar as those laws can reasonably be made applicable.
Sec. 61. NRS 354.5982 is hereby amended to read as follows:
354.5982 1. The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended [,] and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.
κ1993 Statutes of Nevada, Page 1069 (CHAPTER 345, AB 531)κ
2. A special election may be held only if the governing body of the local government determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the local government to prevent or mitigate a substantial financial loss to the local government or to enable the governing body to provide an essential service to the residents of the local government.
3. To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.
[3.] 4. Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government which no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem and the basic ad valorem revenue, respectively, otherwise allowable to the local government or local governments pursuant to NRS 354.59811 and 377.057, an amount equal to the allowed revenue from taxes ad valorem and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.
Sec. 62. NRS 365.203 is hereby amended to read as follows:
365.203 1. A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election, impose a tax of not more than 4 cents per gallon on fuel for jet or turbine-powered aircraft sold, distributed or used in the county. A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 371.045, 373.030 or 377A.020, or any combination thereof.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
κ1993 Statutes of Nevada, Page 1070 (CHAPTER 345, AB 531)κ
mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
3. A tax imposed pursuant to this section must be imposed on all taxpayers at the same rate. The county shall not allow any discounts, exemptions or other variance of the rate of the tax for any taxpayer except for the state or a political subdivision of the state.
[4.] 4. 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.
Sec. 63. NRS 365.545 is hereby amended to read as follows:
365.545 1. The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to NRS 365.170 or 365.203 must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.
2. The money so received must be used by the entity receiving it to pay the cost of:
(a) Transportation projects related to airports, including access on the ground to airports;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those purposes.
3. Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.
4. Any money pledged pursuant to subsection 3 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.
Sec. 64. NRS 371.045 is hereby amended to read as follows:
371.045 1. A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways on the county on each vehicle based in the county except:
(a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or
(b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.
2. A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 365,203, 373.030 or 377A.020, or any combination thereof.
3. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
κ1993 Statutes of Nevada, Page 1071 (CHAPTER 345, AB 531)κ
means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
4. 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.
[4.] 5. Except as otherwise provided in subsection [5,] 6, the county shall use the proceeds of the tax to pay the cost of:
(a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;
(b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or
(c) Any combination of those uses.
[5.] 6. The county may expend the proceeds of the supplemental privilege tax authorized by this section, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.
[6.] 7. As used in this section, based has the meaning ascribed to it in NRS 482.011.
Sec. 65. NRS 375.025 is hereby amended to read as follows:
375.025 1. In addition to all other taxes imposed on transfers of real property, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/10 of 1 percent of the value thereof on each deed by which any residential lands, tenements or other residential realty is granted, assigned, transferred or otherwise conveyed to or vested in another person, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. A county may combine this question with questions submitted pursuant to NRS 376A.040, 376A.050 and 376A.070 or any combination thereof.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
κ1993 Statutes of Nevada, Page 1072 (CHAPTER 345, AB 531)κ
3. The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall deposit all of the proceeds from the tax imposed pursuant to this section in the county general fund to be used in the manner specified in NRS 375.075.
[3.] 4. Before the tax may be imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by the city council of each incorporated city within the county.
Sec. 66. Chapter 376A of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 376A.040, 376A.050 and 376A.070, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
Sec. 67. NRS 376A.040 is hereby amended to read as follows:
376A.040 1. In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.050 and 376A.070 or any combination thereof.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.
κ1993 Statutes of Nevada, Page 1073 (CHAPTER 345, AB 531)κ
during the preceding month to the intergovernmental fund and remit the money to the county treasurer.
5. The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:
(a) The acquisition of land in fee simple for development and use as open-space land;
(b) The acquisition of the development rights of land identified as open-space land;
(c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);
(d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or
(e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.
6. The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.
7. Any money used for the purposes described in this section must be used in a manner:
(a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and
(b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.
Sec. 68. NRS 376A.050 is hereby amended to read as follows:
376A.050 1. Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.070 or any combination thereof.
2. If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
3. Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.
4. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.
κ1993 Statutes of Nevada, Page 1074 (CHAPTER 345, AB 531)κ
taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.
Sec. 69. NRS 376A.070 is hereby amended to read as follows:
376A.070 1. The board of county commissioners in a county whose population is 100,000 or more but less than 400,000, may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.050 or any combination thereof. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.
2. The department of taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.
3. Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.
Sec. 70. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.
2. An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any primary, general or special election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203, 371.045 or 373.030, or any combination thereof. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.
3. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency, means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
κ1993 Statutes of Nevada, Page 1075 (CHAPTER 345, AB 531)κ
mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
4. Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.
Sec. 71. NRS 377A.100 is hereby amended to read as follows:
377A.100 1. Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for public mass transportation and construction of public roads may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.
2. Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.
Sec. 72. NRS 379.021 is hereby amended to read as follows:
379.021 1. Whenever in any county petition or petitions praying for the formation of a county library district and the establishment of a public library therein setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, at [their] its next regular meeting after the petition or petitions are so presented:
(a) Pass a resolution to the effect that a county library district with properly defined boundaries is to be established and cause to be published a notice thereof in a newspaper of general circulation within the district once a week for a period of 2 weeks; and
(b) Allow 30 days after the first publication of the notice during which all taxpayers of the district in which the district library is to be situated have the right to file protests with the county clerk.
2. If the aggregate of protests is less than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall order the creation of [such] the county library district and the establishment of a public library therein and levy taxes in support and continued maintenance of [such] the library in accordance with subsection 5.
3. If the aggregate of protests is more than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall [:
(a) Proceed] proceed no further with reference to the establishment of a county library district without submitting the question to the voters [; and
κ1993 Statutes of Nevada, Page 1076 (CHAPTER 345, AB 531)κ
(b) Hold the election as soon as practicable and as nearly as may be in accordance with the general election laws of the state.] at a primary or general election.
4. If the majority of votes cast at the election is against the establishment of the county library district, the question is lost and the board of county commissioners shall proceed no further. If the majority of votes is in favor of the county library district, the board of county commissioners shall, within 10 days after [such] the election, order the creation of the county library district and establishment of a public library therein.
5. Upon the creation of a county library district and establishment of a public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district [for the purpose of creating and maintaining] to create and maintain a fund known as the library fund.
Sec. 73. Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 387.3285, 387.3287 and 387.541, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.
Sec. 74. Chapter 403 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purpose of approving the issuance of bonds for county roads and bridges, a special election may be held only if the board of county highway commissioners determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
Sec. 75. NRS 403.060 is hereby amended to read as follows:
403.060 1. If, at [the general election] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall vote for] approve the issuance of [the bonds, then] bonds for roads and bridges, each of the members of the board, except the clerk of the board, shall receive in addition to his regular salary $10 per month.
κ1993 Statutes of Nevada, Page 1077 (CHAPTER 345, AB 531)κ
board, except the clerk of the board, shall receive in addition to his regular salary $10 per month.
2. The salaries [shall] must be paid out of the county treasury in the manner provided for the payment of county officials.
Sec. 76. NRS 403.080 is hereby amended to read as follows:
403.080 1. The board shall elect [one of] a clerk from among its members . [clerk.]
2. If, at [the general election] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall vote for the issuance of the bonds, then] approve the issuance of bonds for roads and bridges, the clerk shall receive in addition to his regular salary $25 per month. The salary [shall] must be paid out of the county treasury in the manner provided for the payment of county officials.
3. The clerk shall:
(a) Keep a full and complete record of all the proceedings of the board and an accurate account of all expenditures of money . [, which account shall] The account must show the purposes for which, and the persons to whom, the [same] expenditures were ordered expended.
(b) Immediately after each meeting of the board, or as soon thereafter as may be practical, cause to be printed in a newspaper or newspapers of general circulation in the county, to be designated by the board, all the records and accounts of the board.
(c) On or about January 1 and July 1 of each year, cause to be published a general statement of all expenditures made by the board.
(d) Keep his records and accounts in suitable books provided by the county . [, which] The records and accounts [shall] must be open to inspection by any qualified elector.
(e) Keep an inventory of all machinery, implements and other property purchased for road and bridge work, and [he] shall exercise general care and supervision of the [same.] machinery, implements and other property.
(f) Perform such other duties as may be prescribed by this chapter or by the board of county highway commissioners.
Sec. 77. NRS 403.460 is hereby amended to read as follows:
403.460 1. If, at [the general election or the] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall] vote against the issuance of the bonds [,] for roads and bridges, and no special county road and bridge fund is thereby created, or if for any other reason the fund is not created, [then] the cost of all county road and bridge work performed [shall] must be paid out of the county general fund by order of the board, if [such work shall have been] that work was performed by the order of and under the direction of the board of county highway commissioners or the county road supervisor, and according to the provisions of this chapter.
2. All claims presented to the board of county highway commissioners [shall be duly] must be sworn and subscribed to and attested by the county road supervisor.
κ1993 Statutes of Nevada, Page 1078 (CHAPTER 345, AB 531)κ
Sec. 78. Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 450.043, 450.060, 450.280 and 450.425, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
Sec. 79. NRS 450.040 is hereby amended to read as follows:
450.040 1. Whenever the board of county commissioners of any county is presented with a petition signed by at least 50 percent of the taxpayers in [such] the county or in each of a group of counties asking that an annual tax be levied for the [establishing] establishment and maintenance of a public hospital, at a place in the county or counties named therein, and specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, the board of county commissioners shall forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, and shall submit the proposal to issue bonds for the project to the county general obligation bond commission for each [such county.] of the counties.
2. Upon the receipt of the approval thereof of each such commission, each [such] board of county commissioners shall [call a special election for the purpose of submitting] submit the question of issuing bonds for the hospital project designated in the petition to the qualified electors of the county [,] at the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.
3. [The special election must be held in each such county within 60 days after such approval of the commission is received by the board.
4.] If the petition designated in subsection 1 indicates the hospital is to serve more than one county, each county designated shall submit to the commission and to the qualified electors of the county a bond question authorizing the issuance of the countys bonds for the project in a maximum principal amount at least sufficient to defray the countys proportional share of the maximum amount designated in the petition to be expended for the project based upon the last assessed valuation of the taxable property in the county and [such] the valuation of [such] that property in all the counties designated in the petition.
Sec. 80. NRS 450.043 is hereby amended to read as follows:
450.043 Whenever the board of county commissioners of any county on its own motion desires to establish a county hospital, the board shall:
1. Specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site;
2. Comply with the provisions of NRS 350.001 to 350.066, inclusive; and
κ1993 Statutes of Nevada, Page 1079 (CHAPTER 345, AB 531)κ
3. Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing bonds for the project to the qualified electors of the county at [an election called for that purpose,] a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.
Sec. 81. NRS 450.060 is hereby amended to read as follows:
450.060 In all counties where existing hospitals are taken over by a board of hospital trustees, as provided in NRS 450.010 to 450.510, inclusive, additional necessary buildings and sites may be acquired only [by holding an election and voting,] if a bond issue is approved by the voters at a primary, general or special election according to the terms of NRS 450.010 to 450.510, inclusive, as if no hospital then existed . [; but in counties having a population of 100,000 persons] In a county whose population is 100,000 or more, in cases where buildings or parts thereof have been constructed but remain unfinished and unequipped, the board of hospital trustees may complete the building or buildings or part or parts thereof and furnish and equip them from the boards current receipts, without a bond issue.
Sec. 82. NRS 450.280 is hereby amended to read as follows:
450.280 1. Whenever the board of hospital trustees of any county deems it advisable that bonds be issued for the enlargement, maintenance, repair, improvement or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and building for the public hospital, equipment and furnishings therefor, and additional sites therefor , [(] or any combination thereof , [),] the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any [or all of such] of those purposes.
2. Thereupon the board of county commissioners shall:
(a) Comply with the provisions of NRS 350.001 to 350.006, inclusive; and
(b) Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing [such] the bonds to the qualified electors of the county at [an election called for that purpose,] a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.
Sec. 83. NRS 450.425 is hereby amended to read as follows:
450.425 1. The board of county commissioners of a county in which a public hospital is located may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any primary, general or special election.
2. Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050, 428.185 and 428.285. The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 354.59811, 428.050 and 428.285 and must be excluded in determining the maximum rate of tax authorized by those sections.
κ1993 Statutes of Nevada, Page 1080 (CHAPTER 345, AB 531)κ
Sec. 84. NRS 474.080 is hereby amended to read as follows:
474.080 1. The board of county commissioners shall [then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under] submit the question of whether the proposed district shall be organized pursuant to the provisions of NRS 474.010 to 474.450, inclusive [.] , to the electors of the proposed district at the next primary or general election.
2. The notice [shall:] must:
(a) Designate a name for [such] the proposed district.
(b) Describe the boundaries of the precincts established therein, when more than one, together with a designation of the polling places and board of election for each precinct.
(c) Be published once a week for at least 3 weeks previous to [such] the election in a newspaper published or circulated within the boundaries of the proposed district and published within the county in which the petition for the organization of the district was presented.
(d) Require the electors to cast ballots, which [shall] must contain the words: ........................ County fire protection district — Yes, or ........................ County fire protection district — No, or words equivalent thereto, and also the names of one or more persons (according to the division of the proposed district as prayed for in the petition and ordered by the board) to be voted for to fill the office of director.
Sec. 85. NRS 474.385 is hereby amended to read as follows:
474.385 1. If the board of directors deems it [for] in the best interest of the district that the boundaries of the district be changed as proposed or as [such proposal may be] altered by the exclusion of lands not benefited, the board shall submit the question of [such] the change in boundaries at the next primary or general election to be held in the district, and [shall call an election] at the primary or general election to be held at the same time within the territory to be annexed.
2. Notice of the elections [shall] must be given in the same manner as that prescribed for annual elections of directors. The notice of election [shall] must describe the proposed change of the boundaries in such manner and terms that it can readily be traced.
3. The ballots cast at the election [shall] must contain the words For change of boundary, or Against change of boundary, or words equivalent thereto.
4. The qualifications for voters [at such elections shall] must be the same as for other elections in the district, and votes by proxy [shall] must be allowed as in such other elections.
Sec. 86. NRS 474.420 is hereby amended to read as follows:
474.420 Upon receiving a petition signed by 25 percent of the owners of land within the district, requesting the dissolution thereof, the board of county commissioners shall, by resolution, [call an election. The election shall be called, noticed and conducted in all respects in a manner similar to that provided for with reference to the formation of such a district.] submit the question of whether the district shall be dissolved at the next primary or general election.
κ1993 Statutes of Nevada, Page 1081 (CHAPTER 345, AB 531)κ
Sec. 87. Chapter 539 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of NRS 539.237, 539.240, 539.243, 539.297, 539.380, 539.397, 539.410, 539.417, 539.433, 539.465, 539.545, 539.557, 539.577, 539.587 and 539.690, a special election may be held only if the board of directors of an irrigation district determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of directors to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
Sec. 88. NRS 539.045 is hereby amended to read as follows:
539.045 1. Upon making an order granting the prayer of the petition as provided in NRS 539.043, the board of county commissioners shall by further order [duly] entered upon its record [call an election of the qualified electors of the proposed district to determine whether such] submit to the qualified electors of the proposed district at the next primary or general election the question of whether that district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district.
2. One director [shall] must be elected from each division by the qualified electors of the district and [shall] be a qualified elector of the district and holder of title, or evidence of title as prescribed in NRS 539.020 and 539.023, to land within the division from which he is elected.
Sec. 89. NRS 539.050 is hereby amended to read as follows:
539.050 For the purpose of the election to organize the district [:
1. Each division shall constitute] , each division constitutes an election precinct.
[2. The board of county commissioners shall establish a polling place in each election precinct, and shall appoint three qualified electors to act as inspectors of election in each election precinct and shall appoint two qualified electors to act as clerks of election in each election precinct.]
Sec. 90. NRS 539.071 is hereby amended to read as follows:
539.071 1. Notwithstanding any other provision of this chapter, if an irrigation district operates a federal reclamation project pursuant to a contract with the United States and the project is authorized for purposes in addition to irrigation, the district may expand the number of directors on the board of directors of the district in the manner provided in this section.
2. The number of directors may be increased pursuant to this section by a number not to exceed one less than the number of elected directors on the board. The addition of directors pursuant to this section may be proposed by resolution adopted by the board of directors or upon the petition of not less than 51 percent of the qualified electors of the district.
κ1993 Statutes of Nevada, Page 1082 (CHAPTER 345, AB 531)κ
3. The resolution or petition proposing to increase the number of directors must designate the number of additional directors proposed, the interest to be represented by each additional director [,] and the method by which each additional director will be appointed. The interest to be represented by each additional director must be an interest which owns a water right for an authorized purpose of the federal reclamation project.
4. The board of directors shall [call a special election to be held within 90 days after the date of the adoption of the resolution or the presentation of the petition to the board of directors, at which election] submit the question of expanding the board of directors in accordance with the resolution or petition [must be submitted] to the qualified electors of the district [.] at the next district election or primary or general state election. Notice of the [special] election must be given in the manner provided in NRS 539.125.
5. If the result of the [special] election is in favor of the expansion, the board of directors must be expanded in accordance with the resolution or petition. The new directors must be appointed at the time of the next biennial election of directors, and must determine their respective tenures of office in the manner provided in NRS 539.065. After the initial terms, directors appointed pursuant to this section hold office for a term of 4 years. The successor to a director appointed pursuant to this section must be appointed not later than the biennial election which coincides with the expiration of the directors term.
6. By resolution of the elected directors or by petition of not less than 51 percent of the qualified electors of the district, the directors added pursuant to this section may be eliminated, or the interests they represent or their appointing authorities may be changed, in the same manner that directors are added pursuant to this section.
Sec. 91. NRS 539.110 is hereby amended to read as follows:
539.110 1. The number of directors and the number of divisions of any district organized pursuant to the laws of this state must not be altered or changed except upon:
(a) A petition of not less than 51 percent of the qualified electors of the district; or
(b) A resolution adopted by the board of directors.
2. The petition or resolution must prescribe the number of divisions into which the district is proposed to be divided and must be accompanied by a map showing the proposed new division boundaries, which map must be a part of the petition or resolution and must be presented to the board of directors of the district at any regular meeting.
3. At its next regular meeting following the presentation of the petition or adoption of the resolution, the board of directors shall prepare or cause to be prepared a map of the district showing the proposed new division boundaries, which map must be placed on file in the office of the district. At least two copies of the map must be posted in other conspicuous places in the district where [such] the maps are available for inspection by all interested persons.
4. The board of directors shall [call a special election to be held within 90 days after the date of the presentation of the petition to the board of directors or adoption of the resolution, at which election] submit the question of altering or changing the number of divisions of the district in accordance with the petition [must be submitted] to the qualified electors of the district [.]
κ1993 Statutes of Nevada, Page 1083 (CHAPTER 345, AB 531)κ
the petition [must be submitted] to the qualified electors of the district [.] at the next district election or primary or general state election. Notice of the [special] election must be given in the manner provided in NRS 539.125, and must include notice of the places where the map showing the proposed new division boundaries may be inspected.
5. If the result of the [special] election is in favor of the changes in the number of divisions and division boundaries of the district, the next biennial election of directors is governed by the altered conditions established by the [special] election and the terms of office of all the directors then in office and who were elected or appointed before the altered conditions expire on the second Monday following the biennial election. The new directors then elected shall determine their respective tenures of office in the manner designated in NRS 539.065.
6. No petition or resolution to change the number of directors and divisions of a district may be received or considered within a period of 4 years following the date of [the special election.] an election held pursuant to this section.
Sec. 92. NRS 539.113 is hereby amended to read as follows:
539.113 1. Not later than 60 days [prior to] before any general election of the district, if a petition, signed by the qualified electors of the district equal in number to 35 percent of the qualified electors of the district, requesting that directors from each division of the district [shall] be elected by the qualified electors of [such] that division and not by the qualified electors of the district as a whole, [shall be] is filed with the board of directors, the board shall place upon the ballot of the next [regular] district election or primary or general state election the question of whether [or not] directors from each division shall be elected by the electors of [such] the division and not by the electors of the district as a whole.
2. If a majority of the votes cast at the election [shall be] are in favor of [so] electing directors from each division by the electors from that division alone, [then thereafter such shall be the method of electing directors in the district.] thereafter the directors in the district must be elected in that manner.
Sec. 93. NRS 539.125 is hereby amended to read as follows:
539.125 The secretary shall [publish] cause to be published a notice specifying the time and place of [an election.] the election held pursuant to NRS 539.113. The notice must be published in a newspaper published in the county or one of the counties in which the district is located not less than 15 days nor more than 22 days before the election. If no newspaper is published in such a county, the notice must be published in a newspaper which has a general circulation in the county or counties.
Sec. 94. NRS 539.237 is hereby amended to read as follows:
539.237 1. The board of directors may:
(a) Generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.
(b) Acquire or contract for the delivery of electric power and electric power or transmission lines.
2. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first [calling a special election thereon as provided in NRS 539.240.]
κ1993 Statutes of Nevada, Page 1084 (CHAPTER 345, AB 531)κ
acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first [calling a special election thereon as provided in NRS 539.240.] obtaining the approval of the electors of the district at a special election, district election or primary or general state election.
3. In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first [calling a special election thereon as provided in NRS 539.240.] obtaining the approval of the electors of the district at a special election, district election or primary or general state election.
Sec. 95. NRS 539.240 is hereby amended to read as follows:
539.240 1. Any proposal to enter into a contract for the acquisition of electric power and transmission lines [,] or to lease or construct those lines:
(a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or
(b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000,
must be voted upon at [an election held as nearly as may be] a special election, district election or primary or general state election in the same manner as for the issuance of district bonds.
2. Notice of the election must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.
3. The ballots must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words ................ (Question) — Yes, and ................ (Question) — No, or ................ (Question) and bonds — Yes, and ............... (Question) and bonds — No.
4. If the proposal or the proposal and the issuance of bonds therefor is approved at the election, the board may enter into any contracts in connection with the proposal which it considers necessary, expedient or desirable, including contracts for:
(a) Construction of the power and transmission lines;
(b) The sale of the power;
(c) The transmission of power;
(d) The operation, maintenance or management of the project; and
(e) Financing the costs of the project approved in the election as an alternative to or in addition to any bonds to be issued,
but the sum of the amounts which the district is obligated to pay [under such] pursuant to those contracts, excluding payments out of the [revenues] revenue of the project, and any bonds issued must not exceed the amount of the bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.
κ1993 Statutes of Nevada, Page 1085 (CHAPTER 345, AB 531)κ
bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.
5. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county where the office of the board is located, to determine the validity thereof and the authority of the board to enter into [such] the contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds in the same manner as for the judicial determination of the validity of bonds, and with like effect.
Sec. 96. NRS 539.243 is hereby amended to read as follows:
539.243 No contract for the leasing of any electric powerplant or transmission system owned or controlled by the district [shall] may be made or entered into by the board of directors unless [or until such contract shall have been] the contract is submitted to the qualified electors of the district at a special [election called for that purpose] election, district election or primary or general state election and approved by a majority vote.
Sec. 97. NRS 539.297 is hereby amended to read as follows:
539.297 Any proposal to enter into a contract with the United States for the repayment of money for construction , [moneys,] the cost of a water supply, the operation and maintenance of existing works, or the acquisition of property, and to issue bonds if any are proposed, [shall] must be voted upon at [an election wherein proceedings shall be had insofar as applicable] a special election, district election or primary or general state election in the manner provided in the case of the ordinary issuance of district bonds.
Sec. 98. NRS 539.380 is hereby amended to read as follows:
539.380 The plans and estimates or statement [shall] must be filed with the secretary of the district, accompanied by a request of the local board that [an election be called in the division] the question of whether to authorize the proposed special assessment or assessments and the construction of the proposed works [.] be submitted to the electors of the division at a special election or the next district election or primary or general state election.
Sec. 99. NRS 539.397 is hereby amended to read as follows:
539.397 All the proceedings described in NRS 539.363 to 539.395, inclusive, relating to the local undertakings of a division, including apportionment of benefits for undertakings authorized [by special] at a special election, district election or primary or general state election, may be confirmed in court as a part of the confirmation proceedings [,] or upon petition of the board of directors of the division.
Sec. 100. NRS 539.410 is hereby amended to read as follows:
539.410 The [contract shall first be authorized by a special election held for the purpose in such division and for the purpose of authorizing the] local board of directors shall submit to the electors of the division at a special election, district election or primary or general state election the contract for approval and for authorization to levy an assessment or assessments, as provided in this chapter, to secure the [moneys] money required to carry out the contract, including the amounts that will be due the United States thereunder and that will be required for the construction of the proposed local drains, laterals or other improvements, or for the replacement and extension of existing works or structures.
κ1993 Statutes of Nevada, Page 1086 (CHAPTER 345, AB 531)κ
laterals or other improvements, or for the replacement and extension of existing works or structures.
Sec. 101. NRS 539.417 is hereby amended to read as follows:
539.417 Where it is proposed that a division [shall] assume only the operation and maintenance of the existing works , [an election shall be held upon the contract in the same manner, but] the contract for the operation and maintenance of the existing works must be submitted to the electors of the division for approval at a special election or the next district election or primary or general state election. The local board of directors, after the contract is made in pursuance of the authority granted in [such election, shall have the power to] the election, may levy assessments or impose tolls and charges annually or otherwise to raise the amounts necessary to carry out the contract and to operate and maintain the works, including amounts to be paid to the United States [under] pursuant to the contract, in the same manner and to the same effect as [can] may be done by the board of directors of the district under the provisions of this chapter.
Sec. 102. NRS 539.433 is hereby amended to read as follows:
539.433 After approval by the department of taxation, the board of directors shall [call a special election in the manner prescribed in this chapter for the calling of special elections and shall fix one or more polling places within the improvement district which is affected by such local improvement.] submit the question of whether the proposed improvement shall be authorized by the electors of the affected improvement district at a special election or the next district election or primary or general state election.
Sec. 103. NRS 539.435 is hereby amended to read as follows:
539.435 [At the special election there shall be submitted to the electors of the improvement district to be affected by such proposed improvement, and upon which lands benefits are to be apportioned, the question] The question submitted to the voters pursuant to NRS 539.433 must be substantially in the following form: Shall the improvement of Local Improvement District No. ........ (briefly describing it) be authorized and the indebtedness therefor, estimated in the sum of ........ dollars, be incurred and paid in the manner following (briefly stating the method of payment, whether by bonds, notes or certificates of indebtedness and the time or times of payment, together with the rate of interest)?
Sec. 104. NRS 539.440 is hereby amended to read as follows:
539.440 After the plan has been approved by the department of taxation and the bond issue or other indebtedness has been authorized at the [special] election, the board of directors of the district shall proceed to apportion the benefits in the manner prescribed in this chapter.
Sec. 105. NRS 539.445 is hereby amended to read as follows:
539.445 If the qualified electors voting at the [special] election vote in favor of [such] the proposed local improvement and the incurring of the indebtedness therefor, and the proceedings are confirmed by the court as prescribed in NRS 539.443, the board of directors [shall be authorized to] may carry out [such] the proposed improvement.
κ1993 Statutes of Nevada, Page 1087 (CHAPTER 345, AB 531)κ
Sec. 106. NRS 539.465 is hereby amended to read as follows:
539.465 1. If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall [call an election in the improvement district for the purpose of authorizing the issuance of those funding or refunding bonds.] submit the question concerning authorization of the plan for the funding or refunding of bonds to the electors of the district at a special election or the next district election or primary or general state election.
2. The [election must be called and held and the] result of the election must be determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of those funding or refunding bonds.
3. The maturity of the funding or refunding bonds must be fixed by the board of directors of the irrigation district, subject to the approval of the department of taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on those bonds must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.
Sec. 107. NRS 539.545 is hereby amended to read as follows:
539.545 Upon receiving the report of the engineer, the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and construction of works, and shall [immediately thereafter call a special election at which shall be submitted] submit to the electors of the district possessing the qualifications prescribed by this chapter at a special election or the next district election or primary or general state election the question of whether [or not] the expense shall be authorized and whether by bond issue or otherwise.
Sec. 108 NRS 539.547 is hereby amended to read as follows:
539.547 1. Notice of the election must be given by:
(a) Posting notices in three public places in each election precinct in the district not less than 15 nor more than 20 days before the date of election; and
(b) Publication thereof for 3 weeks in some newspaper published in the county where the district was organized.
2. The notice [shall] of the election held pursuant to NRS 539.545 must specify:
(a) The time of holding the election.
(b) The amount of bonds proposed to be issued.
(c) The maximum rate of interest.
(d) In substance that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board.
Sec. 109. NRS 539.557 is hereby amended to read as follows:
539.557 Thereafter, whenever the board in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, [shall] be submitted to the electors , it shall so declare of record in its minutes, and [may] thereupon submit [such] the question to the electors at a special election or the next district election or primary or general state election in the same manner and with like effect as at [such] the previous election .
κ1993 Statutes of Nevada, Page 1088 (CHAPTER 345, AB 531)κ
primary or general state election in the same manner and with like effect as at [such] the previous election . [, but no question shall be resubmitted to the electors within 1 year after the same has been voted upon and rejected.]
Sec. 110. NRS 539.577 is hereby amended to read as follows:
539.577 1. If for any reason the bonds of a district cannot be sold, or if at any time it shall be deemed [for] in the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may [, in its discretion, cancel the same] cancel the bonds and levy assessments in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy [shall] may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled.
2. Assessments made in lieu of bonds canceled [shall] must be collected in the same manner and [shall] have the same [force and] effect as other assessments levied [under] pursuant to the provisions of this chapter . [; but such assessments shall] The assessments must not during any 1 year exceed 10 percent of the total bond issue authorized by [such] the district, unless a greater assessment [shall be] is authorized by a majority vote of the qualified electors of the district voting at a special election or district election or primary or general state election . [or a special election called for that purpose.]
Sec. 111. NRS 539.587 is hereby amended to read as follows:
539.587 1. In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plans by levy of assessment therefor.
2. When the money obtained by any previous issue of bonds has become exhausted by expenditures authorized in this chapter, and it becomes necessary to raise additional [moneys] money to carry out the adopted plan, additional bonds may be issued if authorized at [an election for that purpose, which election shall be called and otherwise] a special election or district election or primary or general state election. The election must be conducted in accordance with the provisions of this chapter [in] with respect to an original issue of bonds.
Sec. 112. NRS 539.690 is hereby amended to read as follows:
539.690 1. The board of directors of a district may , at any time when deemed advisable , [call a special election and] submit to the qualified electors of the district at a special election, district election or primary or general state election the question of whether [or not] a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this chapter.
2. [Such election shall be called and the same shall] The election must be held and the result thereof determined and declared in all respects in conformity with the provisions of this chapter in respect to bond elections.
3. The notice [shall] must specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.
κ1993 Statutes of Nevada, Page 1089 (CHAPTER 345, AB 531)κ
equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.
4. At [such] the election the ballots [shall] must contain the words Assessment — Yes, or Assessment — No.
5. If two-thirds or more of the votes cast are Assessment — Yes, the board shall immediately proceed to apportion the benefits, if [such] that apportionment is to be made, and to levy an assessment sufficient to raise the amount voted.
6. The assessment so levied [shall] must be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for in this chapter and when received by the treasurer of the district [shall] must be deposited and kept in the construction fund.
7. At [such an] the election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre [for the purpose of providing] to provide a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity [for the same] arises. In [such] that case, if a general description of the proposed undertaking is provided, no plans and specifications [need not be made] are required to be provided in advance . [; but a general description of the contemplated undertaking shall be sufficient.] If the proposition is [carried] approved by two-thirds of the electors , the board [shall be authorized to levy such assessment and the same shall] may levy the assessment and it must be collected as other assessments are collected [under] pursuant to this chapter. [Moneys] Money realized from [such assessments shall] the assessments must be deposited and kept in the general fund and disbursed by the treasurer in [accord] accordance with the direction of the board or rules and regulations established by it.
Sec. 113. NRS 539.724 is hereby amended to read as follows:
539.724 1. Upon the adoption of the resolution mentioned in NRS 539.722, the board shall [order that an election be held within the district to determine] submit to the voters of the district at the next district election or primary or general state election the question of whether the lands described in the resolution shall be annexed to the district . [, and shall fix the time at which such election shall be held.]
2. Notice [thereof shall] of the election must be published [, and such election shall be held, and all things pertaining thereto conducted] and the election conducted in the manner prescribed by this chapter [in case of an election to determine whether bonds of the district shall be issued.] for the issuance of bonds of the district.
3. The notice of election [shall] must describe the lands proposed to be annexed to the district.
4. The ballots cast at [such election shall] the election must contain the words for annexation, or against annexation, or expressions equivalent thereto.
Sec. 114. NRS 539.750 is hereby amended to read as follows:
539.750 Upon the filing of a petition with the clerk of the district court of the county where [such] the district was organized, setting forth that an irrigation district should be forthwith dissolved, [such] the petition to be signed by at least 25 percent of the electors owning at least 25 percent of the land in the district, the clerk of the district court shall forthwith obtain an order from the judge of [such] that court, who shall enter an order directing the officers and directors of [such] the irrigation district [forthwith to call an election in the district for the purpose of submitting] to submit to the electors the question of whether [or not such] the district shall be dissolved [.]
κ1993 Statutes of Nevada, Page 1090 (CHAPTER 345, AB 531)κ
irrigation district should be forthwith dissolved, [such] the petition to be signed by at least 25 percent of the electors owning at least 25 percent of the land in the district, the clerk of the district court shall forthwith obtain an order from the judge of [such] that court, who shall enter an order directing the officers and directors of [such] the irrigation district [forthwith to call an election in the district for the purpose of submitting] to submit to the electors the question of whether [or not such] the district shall be dissolved [.] at the next district election or primary or general state election.
Sec. 115. NRS 541.340 is hereby amended to read as follows:
541.340 1. Whenever the board of a district incorporated under this chapter , [shall,] by resolution adopted by a majority of the board, [determine] determines that the interests of the district and the public interest or necessity demand the acquisition, construction or completion of any source of water supply, waterworks, or other improvements, or facility, or the making of any contract with the United States, the State of Nevada [,] or other persons [or corporations,] to carry out the objects or purposes of the district, wherein the indebtedness or obligations [shall be created, to satisfy which shall require] required will be a greater expenditure than the ordinary annual income and revenue of the district [shall permit,] permits, the board shall order the submission of the proposition of issuing [such] that obligation or indebtedness, for the purposes set forth in the resolution, to such qualified electors of the district as [shall] have paid a tax on property in the district in the year preceding [such] the election, at [an election held for that purpose.] a special election or the next primary or general election. In the order submitting [such] the propositions to the electors the board shall, if it is proposed that the indebtedness be secured by pledge of any revenues of the district, so state, and shall designate the revenues to be so pledged.
2. A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
3. Any election held for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness may be held separately, or may be consolidated or held concurrently with any other election authorized by law at which such qualified electors of the district [shall be] are entitled to vote.
[3. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution.]
4. A resolution adopted pursuant to subsection 1 must, in addition to [such] the declaration of public interest or necessity, [shall recite:] include a statement of:
κ1993 Statutes of Nevada, Page 1091 (CHAPTER 345, AB 531)κ
(a) The objects and purposes for which the indebtedness is proposed to be incurred.
(b) The estimated cost of the works or improvements, as the case may be.
(c) The amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on [such indebtedness.
4.] the indebtedness.
5. The resolution [shall] must also:
(a) Fix the date upon which [such election shall] the election will be held and the manner of holding the [same] election and describe the method of voting for or against the incurring of the proposed indebtedness.
(b) Fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three judges, one of whom shall act as clerk, who shall constitute a board of election for each polling place.
[5.] 6. The description of precincts may be made by reference to any order [or orders] of the board of county commissioners of the county [or counties] in which the district or any part thereof is situated, or by reference to any previous order or resolution of the board or by detailed description of [such] those precincts. Precincts established by the boards of the various counties may be consolidated for special elections held hereunder.
[6. If any such election shall be called to be]
7. If the election is held concurrently or consolidated with any other election , [or shall be consolidated therewith,] the resolution calling the election [hereunder need not] is not required to designate precincts or polling places or the names of officers of election, but [shall] must contain a reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom.
Sec. 116. NRS 541.350 is hereby amended to read as follows:
541.350 The resolution provided for in NRS 541.340 [shall] must be published once a week for 2 consecutive weeks, the last publication of which [shall] must be at least 10 days [prior to the date set for] before the election, in a newspaper of general circulation printed and published within the district . [, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.]
Sec. 117. NRS 541.360 is hereby amended to read as follows:
541.360 The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not earlier than 5 days following the date of [such] the election, the returns thereof [shall] must be canvassed and the results thereof declared. If any election held [hereunder shall be] pursuant to NRS 541.340 is consolidated with any primary or general election, the returns thereof [shall] must be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such a primary or general election. The canvassing body [or bodies] shall promptly certify and transmit to the board a statement of the result of the vote upon the proposition submitted [hereunder.] pursuant to NRS 541.340. Upon receipt of [such certificates,] the statement, the board shall tabulate and declare the results of the proposition voted on at the election .
κ1993 Statutes of Nevada, Page 1092 (CHAPTER 345, AB 531)κ
receipt of [such certificates,] the statement, the board shall tabulate and declare the results of the proposition voted on at the election . [held hereunder.]
Sec. 118. NRS 541.370 is hereby amended to read as follows:
541.370 1. If it [shall appear] appears from the returns that a majority of the qualified electors of the district who [shall have] voted on any proposition submitted [hereunder at such election] pursuant to NRS 541.340 voted in favor of [such] the proposition, the district [shall thereupon be authorized to incur such] may incur the indebtedness or obligations and enter into [such] the contract for the purpose or purposes and object or objects provided for in the proposition submitted [hereunder and in the resolution therefor,] pursuant to NRS 541.340, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.
2. Submission of the proposition of incurring such obligation or other indebtedness at [such an election shall not prevent or] a special, primary or general election does not prohibit submission of the same proposition or other propositions at a subsequent special, primary or general election . [or elections called for such purpose.]
Sec. 119. NRS 543.600 is hereby amended to read as follows:
543.600 1. In a county whose population is 400,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections [2 and] 3 and 4 is to be used to provide revenue for the support of the district. The method selected must be approved [, in an election held throughout the district,] by a majority of the voters of the district voting on the question [.] at a special, primary or general election.
2. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the district.
3. The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.
[3.] 4. The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.
[4.] 5. In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.
κ1993 Statutes of Nevada, Page 1093 (CHAPTER 345, AB 531)κ
[5.] 6. In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.
Sec. 120. NRS 710.151 is hereby amended to read as follows:
710.151 1. Proceedings to sell or lease a county-owned telephone system may be instituted [either] by:
(a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or
(b) The adoption of a resolution by the board of county commissioners proposing to sell or lease the system.
2. After receipt of a petition provided for in paragraph (a) of subsection 1 [,] or pursuant to a resolution adopted pursuant to the provisions of paragraph (b) of subsection 1, the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next primary or general election for acceptance or rejection by the registered voters of the county.
3. The resolution adopted pursuant to the provisions of paragraph (b) of subsection 1 [shall:] must:
(a) Call an election for submission of the question of the sale or lease of the system;
(b) Designate whether the election [shall] will be consolidated with the next primary or general election, or [shall] will be a special election which the board of county commissioners is authorized to call; and
(c) Fix the date of the election.
4. A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.
Sec. 121. NRS 710.153 is hereby amended to read as follows:
710.153. 1. If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
2. Except as otherwise provided in this subsection, the office of the county clerk [shall] must be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
κ1993 Statutes of Nevada, Page 1094 (CHAPTER 345, AB 531)κ
elector. During the 5 days preceding the close of registration before such a special election, the office of the county clerk [shall] must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.
3. The office of the county clerk [shall] must be opened for registration of voters for [such] the special election from and including the 20th day next preceding [such] the election and up to but excluding the 10th day next preceding [such] the election and during regular office hours.
Sec. 122. NRS 710.157 is hereby amended to read as follows:
710.157 1. The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, [shall] appoint officers of the election for each precinct in such number as he may determine [, and shall] and fix their duties and compensation.
2. Any qualified elector who is properly registered [shall be] is qualified to vote at the special election.
Sec. 123. NRS 710.159 is hereby amended to read as follows:
710.159 1. If at the primary, general or special election it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, three disinterested persons [shall] must be appointed by the district judge of the county to make a [true and] correct appraisement of the gross value of the telephone system.
2. Upon the return of the appraisement, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by the board, of [such] the telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. The notice [shall] must require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid, to be deposited with the county clerk of the county on or before the date stated in the notice. If the notice is for the sale of the telephone system, no bids [shall] may be accepted by the board of county commissioners for a sum less than the amount of the appraisement of the telephone system. If the notice is for the lease of the telephone system, no bids [shall] may be accepted by the board of county commissioners for a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised. If the telephone system is leased, the board shall safeguard the countys interest by demanding a bond for the faithful performance of the covenants contained in the lease. The board may reject any and all bids made for such a sale or lease.
Sec. 124. Section 15 of chapter 844, Statutes of Nevada 1989, at page 2028, is hereby amended to read as follows:
Sec. 15. 1. Subject to the approval of the board of supervisors and the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the public interest or necessity requires the issuance of general obligation bonds to purchase, construct, acquire, maintain, improve or equip an airport, the board shall submit the proposition to the voters at [an] a special election or the next primary or general election held pursuant to NRS 350.020 to 350.070, inclusive.
κ1993 Statutes of Nevada, Page 1095 (CHAPTER 345, AB 531)κ
2. [Any such election may be held separately, or may be consolidated or held concurrently with any other election.
3.] A special election may be held only if the board of supervisors determines, by a unanimous vote, that an emergency exists. The determination made by the board of supervisors is conclusive unless it is shown that the board of supervisors acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board of supervisors must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board of supervisors to prevent or mitigate a substantial financial loss to the authority or Carson City or to enable the board of supervisors to provide an essential service to the residents of Carson City.
3. The declaration of public interest or necessity required by this section and the provision for holding the election may be included in one resolution which, in addition to the declaration of public interest or necessity, must:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, the maximum amount of principal of the indebtedness [,] and the maximum rate of interest to be paid.
(b) [Fix] Include the date upon which the election will be held and describe the method of voting for or against the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place and appoint, for each polling place from the registered voters of Carson City, three officers of the election, one of whom shall act as clerk.
Sec. 125. Section 17 of chapter 844, Statutes of Nevada 1989, at page 2028, is hereby amended to read as follows:
Sec. 17. 1. If the proposition is approved, the board may issue and sell bonds of the authority for the purpose recited in the proposition and in the resolution in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.
2. Submission of the proposition to incur bonded indebtedness at [an] a special, primary or general election does not [prevent or] prohibit submission of the proposition at any such subsequent election . [called for that purpose.]
Sec. 126. Section 21 of chapter 474, Statutes of Nevada 1977, at page 973, is hereby amended to read as follows:
Sec. 21. 1. Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the interest of the authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct [,] or otherwise acquire, maintain, improve or equip airports, the board shall order the submission of the proposition of issuing such bonds to the registered voters of the authority at [an election held for that purpose] a special election or the next primary or general election in the manner provided by NRS 350.020 to 350.070, inclusive.
κ1993 Statutes of Nevada, Page 1096 (CHAPTER 345, AB 531)κ
2. [Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by law.
3.] A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the authority or Washoe County or to enable the board to provide an essential service to the residents of Washoe County.
3. The declaration of public interest or necessity required by this section and the provision for the holding of [such] the election may be included within [one and] the same resolution, which [resolution,] in addition to the declaration of public interest or necessity, [shall:] must:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor [,] and the maximum rate of interest to be paid on the indebtedness.
(b) [Fix] Include the date upon which the special, primary or general election [shall] will be held and describe the [manner of holding it and the] method of voting for or against the incurring of the proposed indebtedness.
[(c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint, for each polling place from the electors of the authority, three officers of such election, one of whom shall act as clerk.]
Sec. 127. Section 23 of chapter 474, Statutes of Nevada 1977, at page 974, is hereby amended to read as follows:
Sec. 23. 1. If it appears from the returns that the registered voters of the authority approved the proposition submitted in the manner provided by NRS 350.070, the authority [shall thereupon be authorized to] may issue and sell [such] bonds of the authority for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.
2. Submission of the proposition of incurring [such] bonded indebtedness at [such an] a special, primary or general election does not [prevent or] prohibit submission of the proposition or other propositions at any subsequent special, primary or general election . [or elections called for that purpose.]
Sec. 128. Section 92 of the charter of Boulder City is hereby amended to read as follows:
Section 92. Public parks, recreation areas, parking.
1. All public parks, public recreation areas and publicly owned off-street parking areas in existence at the time of incorporation, unless under private lease, [shall] must not be sold, leased or zoned for any other use without approval of the majority of the voters voting at [an election held for that purpose.]
κ1993 Statutes of Nevada, Page 1097 (CHAPTER 345, AB 531)κ
other use without approval of the majority of the voters voting at [an election held for that purpose.] a special election or primary or general municipal election or primary or general state election.
2. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud of a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
Sec. 129. Section 100 of the charter of Boulder City is hereby amended to read as follows:
Section 100. Registered voters power of initiative and referendum concerning city ordinances.
The registered voters of a city [have power:
1. To propose] may:
1. Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a primary or general municipal election or primary or general state election.
2. [To require] Require reconsideration by the council of any adopted ordinance, and if the council fails to repeal an ordinance so considered, to approve or reject it as a primary or general municipal election [.] or primary or general state election.
Sec. 130. Section 102 of the charter of Boulder City is hereby amended to read as follows:
Section 102. Results of election.
1. If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the [election] results of the election and [shall] must be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes [shall prevail] prevails to the extent of [such] the conflict.
2. If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the [election results.] results of the election.
3. No initiative ordinance voted upon by the registered voters [,] or an initiative ordinance in substantially the same form as one voted upon by the people, [shall] may again be placed on the ballot [for three or four years, whichever will coincide with a general or] until the next primary or general municipal election [.] or primary or general state election.
κ1993 Statutes of Nevada, Page 1098 (CHAPTER 345, AB 531)κ
Sec. 131. Section 119 of the charter of Boulder City is hereby amended to read as follows:
Section 119. Amending the charter.
1. An amendment to this charter:
A. May be made by the [state legislature, either] legislature directly by the use of mandatory specific wording [,] or indirectly by the use of wording allowing flexibility in expressing the required change.
(a) If a statute is enacted which directly amends this [Charter,] charter, such an amendment [will not be] is not subject to public approval as provided in Subsection B [below, but will be entered herein] and must be included in the charter and identified as having been amended by the particular statute involved.
(b) If a statute is enacted which requires that this [Charter] charter be amended but does not [mandate] require the specific wording to be used, the City Council [will] shall propose a suitable amendment to be submitted to the registered voters of the City as provided in Subsection B . [below.] If such a proposed amendment is not adopted by the voters, it must be redrafted and resubmitted to the voters at one or more special , primary or general city elections or primary or general state elections until an amendment is adopted.
B. May be proposed by the City Council and submitted to the registered voters of the City at a special election or the next primary or general city election or [at a special] primary or general state election.
C. May be proposed by a petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the latest preceding general city election and submitted to registered voters of the City at a special election or at the next primary or general city election or [at a special] primary or general state election.
2. A special election may be held only if the City Council determines, by a unanimous vote, that an emergency exists. The determination made by the City Council is conclusive unless it is shown that the City Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the City Council must be commenced within 15 days after the City Councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the City Council to prevent or mitigate a substantial financial loss to the city or to enable the City Council to provide an essential service to the residents of the city.
3. The City Attorney shall draft any amendment proposed pursuant to Subsections A(b) or B [above,] or , if such a proposed amendment has been previously drafted, the City Attorney [will review such previous draft and will] shall review the previous draft and recommend to the Council any suggested changes or corrections.
[3.] 4. The City Attorney [will,] shall, upon request, review any amendment intended to be proposed by petition pursuant to Subsection C , [above, will] make only such corrections as are agreed to by the proposers [, and will] and report to the City Council his analysis of the significance and potential effects of the proposed amendment.
κ1993 Statutes of Nevada, Page 1099 (CHAPTER 345, AB 531)κ
[4.] 5. A petition for amendment must be in the form specified by state law for City initiative petitions, and must be filed with the City Clerk [no later than six (6) months prior to] not later than 6 months before the date of the primary or general city election or primary or general state election at which the proposed amendment is to be submitted to the voters of the city.
[5.] 6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative council.
Sec. 132. Section 138 of the charter of Boulder City is hereby amended to read as follows:
Section 138. Sale of public utilities; proviso.
1. No public utility of any kind, after having been acquired by the city, [shall] may thereafter be sold or leased by the city, unless the proposition for [such] the sale or lease has been submitted to [a general or special election of] the electors of the city [.] at a special election or primary or general municipal election or primary or general state election. After a majority vote of [such] those electors in favor of [such] the sale, the sale may not be made except after 30 days published notice thereof [; and provided, further] , except that the provisions of this section [shall] do not apply to a sale by the council of parts, equipment, trucks, engines and tools, which have become obsolete or worn out, any of which equipment may be sold by the council in the regular course of business.
2. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
Sec. 133. Section 143 of the charter of Boulder City is hereby amended to read as follows:
Section 143. Expenditures from capital improvement fund.
1. All expenditures from the Capital Improvement Fund [shall] must be approved by a simple majority of the votes cast by the registered voters of the City on a proposition placed before them in [an election called for that purpose, which election may also be for other purposes.] a special election or primary or general municipal election or primary or general state election.
2. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city councils determination is final.
κ1993 Statutes of Nevada, Page 1100 (CHAPTER 345, AB 531)κ
days after the city councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
Sec. 134. Section 4.5 of chapter 275, Statutes of Nevada 1979, as amended by chapter 482, Statutes of Nevada 1981, at page 981, is hereby amended to read as follows:
Sec. 4.5. 1. For any purpose authorized by this act, the Board, at any time or from time to time, in the name and on behalf of the Authority, may:
(a) Issue:
(1) General obligation bonds, payable from taxes; and
(2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net [revenues] revenue derived from the operation of [such] those facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net [revenues] revenue as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment;
(b) Issue revenue bonds payable solely from the net [revenues] revenue to be derived from the operation of [such] those facilities, as the Board may decide.
2. For the purposes of this act, the electors of the Authority are all persons who are qualified to vote at general elections in Elko County, and who reside within the boundaries of the Authority upon the date of close of registration for any special, primary or general election [called by or for the Authority] for bonding or revenue purposes. These electors are entitled to vote at elections of the questions pertaining to the Authority.
3. A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the authority or Elko County or to enable the board to provide an essential service to the residents of Elko County.
Sec. 135. Section 13 of chapter 227, Statutes of Nevada 1975, at page 273, is hereby amended to read as follows:
Sec. 13. The Authority may provide for the publication by title of any resolution which it may adopt for the issuance of bonds or for the inclusion of lands under this Act, in one issue of a newspaper having circulation within the County of El ko. For a period of [thirty] 30 days after the date of [such] publication any person in interest may contest the legality of [such] the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of [such] the bonds, including the boundaries of the Authority, or with respect to any special , primary or general election at which [such] the bonds or any portion thereof are authorized, or for the inclusion of [such] the lands, but after [such] that time no [one shall have any] person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.
κ1993 Statutes of Nevada, Page 1101 (CHAPTER 345, AB 531)κ
after the date of [such] publication any person in interest may contest the legality of [such] the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of [such] the bonds, including the boundaries of the Authority, or with respect to any special , primary or general election at which [such] the bonds or any portion thereof are authorized, or for the inclusion of [such] the lands, but after [such] that time no [one shall have any] person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.
Sec. 136. Section 24 of chapter 227, Statutes of Nevada 1975, at page 276, is hereby amended to read as follows:
Sec. 24. If upon the canvass it is found that a majority of the votes so cast at the special bond election were cast in the negative, [then] the Authority shall not [be authorized to] issue and sell the [Bonds,] bonds, but the Board of County Commissioners may, at a special, primary or general [or special] election, resubmit the matter one or more times to the electorate at a special, primary or general election in the same manner and to the same effect as the initial special bond election . [, but any such resubmission shall not occur until at least one year shall have passed since the last such submission or resubmission and the] The Board of County Commissioners may reconsider the principal amount of [Bonds] bonds to be so resubmitted in accordance with the provisions of Sections 3 and 20 of this Act.
Sec. 137. Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1404, is hereby amended to read as follows:
Sec. 2.310 Powers of city council: Acquisition or establishment of city utility.
1. The city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, [either] alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.
2. The city council must adopt a resolution which sets forth fully and in detail:
(a) The public utility which is proposed to be acquired or established.
(b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.
(c) The proposed bonded indebtedness which must be incurred [in order] to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.
(d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.
3. The resolution must be published in full at least once a week for 4 successive weeks.
κ1993 Statutes of Nevada, Page 1102 (CHAPTER 345, AB 531)κ
4. At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for [a special election in the city on] the submission of the question of the enactment of the proposed ordinance [.] at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be [valid or] effective for any purpose unless, at a [regular election or a special election which is called for that purpose,] special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.
5. A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city councils determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.
[5.] 6. If the proposed ordinance is adopted, [either] without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.
Sec. 138. Chapter 45, Statutes of Nevada 1921, at page 80, is hereby amended by adding thereto a new section designated as section 17.5, to read as follows:
Sec. 17.5. 1. The board of managers may call a special election only if it determines, by a unanimous vote, that an emergency exists.
2. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final.
3. As used in this section, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the system or Mineral County or to enable the board to provide an essential service to the residents of Mineral County.
κ1993 Statutes of Nevada, Page 1103 (CHAPTER 345, AB 531)κ
the system or Mineral County or to enable the board to provide an essential service to the residents of Mineral County.
Sec. 139. Section 17 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 560, Statutes of Nevada 1969, at page 1045, is hereby amended to read as follows:
Sec. 17. (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $1,000 per month, a qualified and competent person, but who must have had at least [three years] 3 years of practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than [five thousand ($5,000) dollars] $5,000 for the faithful discharge of his duties, who shall have complete charge of and be liable to [said] the board for his actions in connection with the operation of [said] the system, and who shall devote his entire time thereto. He shall have charge of [such] the system, and [be] is responsible to [such] the board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by [such] the board, and receive such compensation as may be fixed by [said] the board in [their] its order appointing and designating him as general manager of [such system; provider,] the system, except that the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation. No person who holds a public office [shall be permitted to] may occupy the position of general manager. [In the event such] If a general manager is nominated or appointed to public office , he [shall] must be immediately removed from the position of general manager and another appointed in his place.
(b) [Said] The general manager, with the [consent and] approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation . [; provided, that every] Every employee who may be charged with the collection or handling of [funds of such] the money of the power system shall furnish bond [prior to] before assuming the duties of his office, in the sum of not less than [one thousand ($1,000) dollars,] $1,000 and qualify as required by law, and the bond of [such] the general manager and other employees [shall] must be approved by the board and [be] recorded and filed in the office of the county clerk.
(c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to [said] the board an annual report on the first Monday of January of each year, showing the condition of [said] the system, including its finances, in detail, and giving his recommendations for the ensuing year . [; he] The general manager shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of [such] the utility, giving the cost of construction [(including branches), maintenance,] , including branches, maintenance and operation, and all [Rev. 2/12/2019 2:01:15 PM]
κ1993 Statutes of Nevada, Page 1104 (CHAPTER 345, AB 531)κ
will show at all times the exact status of [such] the utility, giving the cost of construction [(including branches), maintenance,] , including branches, maintenance and operation, and all [revenues,] revenue and the source from which derived, and the classified disbursements . [; he] The general manager shall also make such annual reports on behalf of [such] the board of managers to the [Nevada] public service commission [, or their] of Nevada or its successors, as may be required, and copies thereof [shall] must be annexed to his annual report made to [such] the board of managers . [; he shall] The general manager shall maintain the office of the [said] system in the court house at the county seat.
(d) The board of managers [is hereby authorized and empowered to] may dismantle and salvage any portion of [said] the system which [may have] has been out of use for a period of [six] 6 years or more.
(e) Neither the board of county commissioners acting as such or acting as the board of managers [, or] nor the general manager [, shall have the power to] may sell, lease, trade, rent, or otherwise deal with any equipment, supplies [,] or property of any kind, character [,] or description, purchased, salvaged [,] or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special [election called for that purpose; provided, however,] , primary or general election, except that the board of county commissioners [shall have the power to] may sell any items of machinery, material [,] or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete [,] or defective, without an election, on amounts less than $1,000. [Nothing herein contained shall be construed to] This section does not limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers [, are authorized to] may purchase equipment or supplies, not in excess of $1,000, without receiving bids, but shall advertise for bids for all such purchases in excess of $2,500. If the value of the equipment or supplies to be purchased exceeds $1,000 but does not exceed $2,500, the board may advertise for bids or may informally request bids from at least three persons who are capable of furnishing [such] the equipment or supplies. The board of county commissioners [shall have the power to] may rent from any other owner any transmission lines, power lines, machinery, equipment [,] or property [,] for a term not exceeding [two] 2 years. The rents and rentals or charges reserved in any such contract [shall] must be paid from time to time as an expense of operation of the Mineral County power system. No such contract [shall] may be made by the board of county commissioners unless notice of intention to decide on the [same shall be] contract is published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which [shall] must not be less than 15 days from the first publication and which [shall] must briefly describe the property to be rented, and the rental charge and specify from whom to be rented [; provided, however, all such contracts under] , except that all such contracts of less than $2,500 may be entered into without publication .
κ1993 Statutes of Nevada, Page 1105 (CHAPTER 345, AB 531)κ
contracts of less than $2,500 may be entered into without publication . [as aforesaid.]
(f) Any person violating the provisions of subsection (e) [shall be] is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than [one] 1 year or more than [five] 5 years. Upon conviction the office of such a person [shall become] becomes vacant.
Sec. 140. Section 1 of chapter 139, Statutes of Nevada 1929, as last amended by chapter 266, Statutes of Nevada 1969, at page 469, is hereby amended to read as follows:
Section 1. 1. The board of county commissioners of Mineral County, Nevada, [is hereby empowered and authorized to] may sell or lease, after open negotiation with one or more qualified public utilities authorized to serve consumers within the State of Nevada under the jurisdiction of the public service commission of Nevada, as the board may deem best, and subject to the approval of the public service commission of Nevada, all or any part of the property belonging to Mineral County known as and commonly called the Mineral County power system, consisting of power lines, stations, machinery, equipment, and all other property used in and for the system and necessary for the use and operation thereof. The sale or lease [shall] must be made in the manner following:
2. The board of county commissioners may, by resolution [duly] passed and entered in the minutes, authorize the sale or lease of the Mineral County power system or any part thereof at a price negotiated by the board, subject to the approval of the sale or lease by a majority of the registered voters voting at a special, primary or general election . [or a special election called for that purpose on a date fixed by the board of county commissioners by resolution duly passed.]
Sec. 141. Section 1.5 of chapter 353, Statutes of Nevada 1963, as amended by chapter 266, Statutes of Nevada 1969, at page 469, is hereby amended to read as follows:
Sec. 1.5. 1. Whenever the board of county commissioners of Mineral County, Nevada, [shall propose] proposes to sell or lease the Mineral County power system by a resolution [duly] passed and entered in the minutes, the proposal for the approval of [such] the sale or lease [shall] must be submitted to the registered voters of Mineral County at a special election or the next primary or general election . [or at a special election called for that purpose.]
2. The election officers of Mineral County who are charged with the duty of providing for and conducting elections as set forth in NRS 293.217 shall follow the procedure set forth in that section and shall provide printed ballots for the use of the voters entitled to vote at the election. There [shall] must be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A statement of the proposal to be voted upon.
3. [In the event] If a special election is called for the purpose of approving the sale or lease of the Mineral County power system, and immediately upon receipt by the county clerk of a certified copy of the resolution of the board of county commissioners of Mineral County authorizing such sale or lease, and fixing a date for [such] the election, the county clerk shall publish a notice of special election in a newspaper of general circulation in Mineral County once a week for 2 successive weeks with the date of the last publication being at least 15 days [prior to] before the election.
κ1993 Statutes of Nevada, Page 1106 (CHAPTER 345, AB 531)κ
resolution of the board of county commissioners of Mineral County authorizing such sale or lease, and fixing a date for [such] the election, the county clerk shall publish a notice of special election in a newspaper of general circulation in Mineral County once a week for 2 successive weeks with the date of the last publication being at least 15 days [prior to] before the election. If no such newspaper is published in Mineral County, [then such] publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice [shall] must contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) A statement of the proposal to be voted upon.
4. The county clerk shall forward to each justice of the peace within the county one written or printed notice for each precinct or voting district. Each justice of the peace to whom [such] the notice is delivered shall post the [same] notice in a public place in each precinct or voting district in his township or district at least 15 days [prior to] before the date of the special election.
5. The election officers of Mineral County who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If the approval election is held in conjunction with a primary or general election, the same single ballot box [shall] must be used at each polling place.
6. Every citizen of the United States 21 years of age or over who has resided in the state 6 months, in the county 30 days, and in the precinct 10 days next preceding the election [shall be] is entitled to vote at the election, if he has complied with the registration laws of this state.
7. Immediately after the closing of the polls the election officers shall proceed to canvass the ballots. The results disclosed by the canvass [shall] must be certified by the election officers to the board of county commissioners.
8. If a majority of the ballots cast are in favor of the sale or lease as proposed by the board of county commissioners of Mineral County of the Mineral County power system, the proposal to sell or lease the Mineral County power system [shall have been carried] is approved and the proper officers of Mineral County [shall be authorized to] may complete the sale or lease of [such] the Mineral County power system.
9. If a majority of the ballots are against the sale or lease of the Mineral County power system, the proposal to sell or lease the Mineral County power system [shall have failed,] fails, the proper officers of the Mineral County power system shall proceed no further with the sale or lease of the Mineral County power system, and all acts or agreements theretofore made by the board of county commissioners in relation to [such] the sale or lease [shall be considered null and void and of no effect.] are void.
κ1993 Statutes of Nevada, Page 1107 (CHAPTER 345, AB 531)κ
10. Where not specifically provided for in this act, the general election laws of the State of Nevada [shall] govern where applicable.
Sec. 142. NRS 295.190 and 474.090 are hereby repealed.
Sec. 143. This act becomes effective on January 1, 1994.
________
Assembly Bill No. 637 — Committee on Judiciary
CHAPTER 346
AN ACT relating to evidence; providing under certain circumstances in criminal proceedings for the admissibility of evidence of domestic violence and expert testimony relating to domestic violence; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section to read as follows:
Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic violence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:
1. Whether a person is excepted from criminal liability pursuant to subsection 8 of NRS 194.010, to show the state of mind of the defendant.
2. Whether a person in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 692 — Committee on Government Affairs
CHAPTER 347
AN ACT relating to the Colorado River commission; revising its membership; eliminating certain duties of the commission relating to the making of agreements with other governmental entities for the use of the waters of the Colorado River and certain other facilities; requiring the commission to offer to renew certain contracts for the sale of power; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.051 is hereby amended to read as follows:
538.051 The Colorado River commission, consisting of [five members appointed by the governor,] seven members, is hereby created. Four members must be appointed by the governor.
κ1993 Statutes of Nevada, Page 1108 (CHAPTER 347, AB 692)κ
must be appointed by the governor. Three members must be appointed by the board of directors of the Southern Nevada Water Authority. The governor shall designate one of his appointees to serve as chairman of the commission.
Sec. 2. NRS 538.061 is hereby amended to read as follows:
538.061 1. The [governor shall appoint four members to the commission who are] members appointed by the governor must be residents of this state . [and of a county served by the commission and one member to represent the state at large who is a resident of this state and of a county whose residents do not receive electrical power which is generated with water from the Colorado River or its tributaries.] The members appointed by the Southern Nevada Water Authority must be persons who serve on the board of directors of the authority. When a person so appointed ceases to be a member of the board of directors, the remaining members of the board of directors shall fill the vacancy by appointment from among its membership.
2. All members must have a general knowledge of:
(a) The development of the Colorado River and its tributaries within this state; and
(b) The rights of this state concerning the resources and benefits of the Colorado River.
[3. Not more than three commissioners may be of the same major political affiliation.]
Sec. 3. NRS 538.081 is hereby amended to read as follows:
538.081 The [governor] appointing authority may at any time remove any commissioner for neglect of duty or malfeasance in office.
Sec. 4. NRS 538.101 is hereby amended to read as follows:
538.101 1. While engaged in official business of the commission, each commissioner appointed by the governor is entitled to receive a salary of not more than $80 per day, as fixed by the commission.
2. 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.
3. The director or an employee of the commission designated by the director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund or any other fund administered by the commission and designated to be used for those expenses by the director.
4. The commission shall provide its members who are appointed by the governor with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.
Sec. 5. NRS 538.111 is hereby amended to read as follows:
538.111 At the first meeting of the commission in each calendar year, the commission shall select [officers] the vice chairman for the ensuing calendar year . [consisting of a chairman and vice chairman.] The director shall provide necessary secretarial service for the commission.
Sec. 6. NRS 538.161 is hereby amended to read as follows:
538.161 The commission shall:
κ1993 Statutes of Nevada, Page 1109 (CHAPTER 347, AB 692)κ
1. Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to this state.
2. Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation or transmission of electricity, both within and outside Nevada, for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.
3. Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.
4. Render the friendly cooperation of the State of Nevada to constructive enterprises concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.
5. Render friendly cooperation to industries located in other states, negotiate with them and invite them to locate within Nevada.
6. Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.
7. Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. The agreements, compacts or treaties are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.
8. [Represent the State of Nevada in consultations with other states, the United States, foreign countries and nongovernmental persons, and negotiate, make and enter into agreements between the State of Nevada and those entities, either jointly or severally, concerning the:
(a) Interstate or international transfer of water to supplement the supply of water in the Colorado River which is available for use in this state;
(b) Augmentation of the waters of the Colorado River and its tributaries through the modification of the weather and the use of such other measures as are appropriate, and the control of the salinity of those waters; and
(c) Operation of federal dams and other facilities on the Colorado River and its tributaries.
9.] Report to the governor such measures and legislative action as it deems necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.
κ1993 Statutes of Nevada, Page 1110 (CHAPTER 347, AB 692)κ
generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.
[10.] 9. Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.
Sec. 7. NRS 538.181 is hereby amended to read as follows:
538.181 1. The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada, and may lease, sublease, let, sublet, contract, exchange or sell the power and water, including the transmission and other distribution services, on such terms as the commission determines.
2. Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.
3. The power and water must not be sold for less than the actual cost to the State of Nevada.
4. Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks . [; and the] The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. The provisions of subsection 4 do not apply to:
(a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or
(b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.
6. Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale, either of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.211, until approved by the United States.
7. The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.
κ1993 Statutes of Nevada, Page 1111 (CHAPTER 347, AB 692)κ
8. Notwithstanding any provision of chapter 704 of NRS, any purchase of power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission is not subject to regulation by the public service commission of Nevada.
Sec. 8. 1. The terms of the persons who are members of the Colorado River commission on July 1, 1993, expire on that date.
2. As soon as practicable after July 1, 1993. the governor shall appoint one member to the Colorado River commission to a term which expires on July 1, 1994, one member to a term which expires on July 1, 1995, and two members to terms which expire on July 1, 1996.
3. As soon as practicable after July 1, 1993, the board of directors of the Southern Nevada Water Authority shall appoint three members to the Colorado River commission from among its membership.
Sec. 9. This act becomes effective on July 1, 1993.
________
Senate Bill No. 192 — Senators James, Lowden, Townsend, OConnell, Callister, Brown, Glomb, Hickey, Jacobsen, McGinness, Nevin, Raggio, Rawson, Shaffer and Smith
CHAPTER 348
AN ACT relating to sex offenders whose victims are minors; requiring certain persons and institutions that release or discharge such a sex offender to take certain actions to ensure the registration of the offender; providing for the release of data required for the registration of such an offender to certain educational personnel; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.152 is hereby amended to read as follows:
207.152 1. Each sex offender shall, [within 48 hours after July 1, 1961, or thereafter] within 48 hours after his arrival in a county in which he resides or is temporarily present for 48 hours or more, register with the sheriff of the county or the metropolitan police department, if any, or with the chief of police, if any, if [such] the sex offender resides or is temporarily present in an incorporated city. If a sex offender who committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years registers with a law enforcement agency other than the sheriff of the county, that law enforcement agency shall forward a copy of the registration data to the sheriff of the county in which the sex offender expects to reside.
2. Within 10 days after changing his address each [such] sex offender shall notify in writing the law enforcement agency with which he last registered, and [such] that agency shall forward to the law enforcement agency having jurisdiction of the area in which the new residence is located registration data concerning [such] the sex offender.
κ1993 Statutes of Nevada, Page 1112 (CHAPTER 348, SB 192)κ
Sec. 2. NRS 207.154 is hereby amended to read as follows:
207.154 Each person in charge of a jail, hospital, prison, school or other institution to which a sex offender has been committed, and each judge who releases a sex offender on probation or discharges him upon payment of a fine, shall [, prior to] :
1. Before the discharge, parole or release of [such] the sex offender:
[1.] (a) Explain to him his duty to register under NRS 207.152 and 207.153.
[2.] (b) Require him to sign a statement that his duty to register has been explained to him.
[3.] (c) Obtain the address at which he expects to reside upon his release.
[4.] (d) Give one copy of [such] the statement to him and mail one copy, together with [such address,] the address obtained pursuant to paragraph (c), to the law enforcement agency having jurisdiction of the area in which he expects to reside.
2. If the sex offender committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years, contact the law enforcement agency having jurisdiction of the area in which the sex offender expects to reside to determine if the sex offender has registered as required in NRS 207.152 and 207.153. The contact must be made within 72 hours after the sex offender is discharged, paroled or released. If the sex offender has not registered, the person in charge of the institution from which the sex offender was released or the judge who released or discharged the sex offender shall provide to the law enforcement agency all information available to him that is required by NRS 207.153 to register the sex offender.
Sec. 3. NRS 207.155 is hereby amended to read as follows:
207.155 [No]
1. Except as otherwise provided in subsection 2, no person other than a regularly employed peace officer or other law enforcement officer [shall] may inspect the statements, photographs or fingerprints required by NRS 207.153.
2. If the sheriff of a county receives registration data pursuant to NRS 207.152 or 207.154 which indicates that a sex offender committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years, the sheriff shall provide that data to the board of trustees of the county school district in which the sex offender expects to reside. The board of trustees may release that data to any teacher or other educational personnel licensed pursuant to chapter 391 of NRS who is employed by that school district if it determines that the release of the data is reasonably necessary for public protection. Any teacher or other educational personnel who receives such data shall not release it to another person without the prior approval of the board of trustees.
3. A sheriff, board of trustees, teacher or other educational personnel who, in good faith, releases or fails to release any registration data pursuant to subsection 2 is immune from any criminal or civil liability for releasing or failing to release the data unless he acted with gross negligence.
________
κ1993 Statutes of Nevada, Page 1113κ
Assembly Bill No. 18 — Committee on Government Affairs
CHAPTER 349
AN ACT relating to catastrophic leave; broadening the authorized transfers by state employees into accounts for catastrophic leave; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.3621 is hereby amended to read as follows:
284.3621 1. Each appointing authority may establish an account for catastrophic leave.
2. An employee of an appointing authority may request, in writing, that a specified number of hours of his accrued annual or sick leave be transferred from his account to the account for catastrophic leave.
3. An employee may not transfer to the account for catastrophic leave any hours of sick leave if the balance in his account after the transfer is less than 240 hours.
4. The maximum number of hours which may be transferred by an employee in any 1 calendar year is [80.] 120. The minimum number of hours which may be transferred in any 1 calendar year is 8. [The employee may transfer hours to the account for catastrophic leave for use by a particular employee who is eligible to receive them.]
5. An employee may transfer hours to any such account for catastrophic leave for use by a particular employee in any branch of state government who is eligible to receive them. A record of the source and number of hours of leave transferred among different appointing authorities for this purpose and the date of the transfer must be maintained by each appointing authority. Leave transferred in excess of the amount approved for use by a particular employee must be returned to the employees account from which it originated. The commission shall, by regulation, determine the procedure to return excess leave.
6. Any hours of annual or sick leave which are transferred from any employees account to the account for catastrophic leave and not designated for use by a particular employee may not be returned or restored to [that] the originating employee. This subsection does not prevent the employee from receiving leave pursuant to NRS 284.3622.
Sec. 2. Section 10 of chapter 334, Statutes of Nevada 1989, at page 694, is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1114κ
Assembly Bill No. 787 — Committee on Ways and Means
CHAPTER 350
AN ACT making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 27, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.
1993-94 1994-95
Sec. 2. The Office and Mansion of the Governor.
For the support of the:
Office of the governor $1,185,402 $1,200,987
Governors mansion $170,661 $194,676
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor $229,455 $237,508
Sec. 4. The Office of Attorney General.
For the support of the:
Office of the attorney general $5,854,112 $6,219,432
Special litigation account of the attorney general $100,000 $100,000
Crime prevention program $85,013 $83,372
Office of the extradition coordinator $779,906 $781,793
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the secretary of state $1,706,232 $1,821,202
Securities division $1,072,720 $1,098,321
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer $553,651 $573,322
Sec. 7. The Office of State Controller.
For the support of the office of the state controller $1,913,916 $1,930,808
Sec. 8. Department of Administration.
For the support of:
Budget $1,333,073 $1,273,591
κ1993 Statutes of Nevada, Page 1115 (CHAPTER 350, AB 787)κ
Internal Audit $377,252 $404,092
Clear Creek youth center $118,400 $118,587
State Public Works Board $907,383 $920,894
Sec. 9. Department of Taxation.
For the support of:
Department of taxation $6,824,649 $5,866,669
Senior Citizens Property Tax Assistance $2,492,650 $2,791,740
Sec. 10. Legislative Fund.
For the support of the:
Legislative commission $401,237 $310,978
Audit division of the legislative counsel bureau $1,696,270 $1,739,222
Administrative division of the legislative counsel bureau $2,588,251 $2,584,518
Legal division of the legislative counsel bureau $1,715,595 $2,278,514
Research division of the legislative counsel bureau $1,066,858 $1,047,482
Fiscal analysis division of the legislative counsel bureau $976,195 $974,361
Interim legislative operations $177,241 $161,170
Sec. 11. Supreme Court of Nevada.
For the support of:
Supreme court of Nevada $1,226,552 $1,176,151
State board of pardons $12,870 $6,608
Law library $758,331 $783,718
Commission on judicial selection $5,500 $5,500
Sec. 12. Commission on Judicial Discipline.
For the support of the commission on judicial discipline $43,759 $43,987
Sec. 13. District Judges Salaries and Judicial Pensions.
For the support of the district judges salaries and pensions of justices, judges and widows $5,386,495 $5,446,598
Sec. 14. Commission on Economic Development.
Industrial division $2,210,945 $2,189,826
Film division $101,461 $96,889
Rural community development $53,971 $52,570
Small business and federal procurement $83,388 $78,343
Sec. 15. State Department of Education.
For the support of:
Education, administration $1,032,341 $1,066,245
κ1993 Statutes of Nevada, Page 1116 (CHAPTER 350, AB 787)κ
Occupational education $548,926 $565,206
Professional standards commission $456,046 $460,710
Nutrition education $189,674 $183,328
Adult basic education $236,439 $210,686
Care of handicapped children $528,423 $528,423
Proficiency testing $260,235 $245,674
School improvement $1,000,000 $1,000,000
Other state education programs $5,647 $5,647
Sec. 16. University and Community College System of Nevada.
For the support of:
System administration $1,793,624 $1,828,677
University press $488,444 $498,150
Statewide programs--UNR $3,781,578 $3,830,976
Intercollegiate athletics--UNR $1,141,320 $1,160,336
Statewide programs--UNLV $510,802 $517,793
Intercollegiate athletics--UNLV $1,182,896 $1,202,181
Agricultural experiment station $4,304,770 $4,375,129
Cooperative extension services $3,898,122 $3,988,798
System computing center $7,955,269 $8,098,596
Desert research institute $2,085,193 $2,096,353
National direct student loan $30,000 $30,000
University of Ne vada, Reno $51,767,593 $51,977,383
School of medical sciences $11,080,381 $11,257,258
University of Ne vada, Las Vegas $57,744,537 $57,543,260
Community college of southern Nevada $19,989,868 $19,360,904
Western Nevada community college $7,327,672 $7,394,996
Truckee Meadows community college $12,239,010 $12,345,858
Northern Nevada community college $4,288,840 $4,280,238
Business center, north $1,323,828 $1,351,430
Business center, south $1,091,773 $1,110,174
University system-special projects $191,654 $191,654
Sec. 17. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education $189,153 $193,311
κ1993 Statutes of Nevada, Page 1117 (CHAPTER 350, AB 787)κ
For the support of the western interstate commission for higher education loan fund $305,929 $297,941
Sec. 18. Department of Museums, Library and Arts.
For the support of the:
Museums, library and arts administration $66,862 $94,706
Museums and history $105,013 $76,438
Nevada historical society $379,336 $364,105
Nevada state museum, Carson City $706,814 $718,761
Nevada museum, Las Vegas $562,096 $583,579
Lost City museum $193,015 $193,058
Nevada railroad museum $154,666 $157,689
Nevada council on the arts $417,147 $418,144
Nevada state library $1,857,288 $1,811,980
Nevada state library-literacy $57,401 $57,756
Archives and records $273,552 $272,845
Historic preservation and archeology $115,352 $116,595
Comstock historic district $59,679 $59,925
Sec. 19. Department of Human Resources.
For the support of the:
Office of the director of human resources $126,492 $180,830
Aging services division $1,280,106 $1,298,755
Senior services program $94,955 $91,508
Child and family services division
Child and family administration $2,911,866 $2,883,326
Child care services bureau $203,704 $208,265
Southern Nevada childrens home $447,328 -0-
Nevada youth training center $4,543,914 $4,605,327
Caliente youth center $3,297,424 $3,338,572
Youth community services $10,553,283 $10,541,449
Youth alternative placement $1,425,876 $1,424,891
Youth corrections services $1,226,008 $1,243,179
κ1993 Statutes of Nevada, Page 1118 (CHAPTER 350, AB 787)κ
Northern Nevada child and adolescent services $1,409,593 $1,444,117
Southern Nevada child and adolescent services $4,173,846 $4,397,680
Chapter I - Special education $180,614 $181,451
Health division
Office of state health officer $424,060 $420,195
Vital statistics $446,597 $440,163
Cancer control registry $38,833 $39,692
Bureau of health facilities $63,283 -0-
Maternal and child health services $2,699,721 $2,798,211
Special childrens clinic $2,870,690 $2,879,160
Bureau of community health services $160,832 $148,157
Bureau of laboratory and research $703,510 $702,698
Consumer protection $602,896 $624,891
Radiological health $175,534 $175,799
Sexually transmitted disease control $183,061 $182,630
Communicable disease control $377,047 $396,196
Emergency medical services $423,280 $426,488
Immunization control $858,887 $996,206
Health aid to counties $575,210 $575,210
Mental hygiene and mental retardation division
Division administration $919,406 $924,377
Regional training $45,210 $45,210
Southern Nevada adult mental health services $12,054,889 $12,746,823
Nevada mental health institute $9,146,661 $9,388,963
Facility for the mental offender $2,699,963 $2,731,454
Rural clinics $3,041,409 $3,137,214
Southern Nevada mental retardation services $6,596,960 $6,867,182
Northern Nevada mental retardation services $5,030,449 $5,029,491
Community training center $1,396,992 $1,429,003
κ1993 Statutes of Nevada, Page 1119 (CHAPTER 350, AB 787)κ
Resident placement $577,726 $625,349
MHMR: Home care $353,908 $395,533
Welfare division
Welfare administration $11,010,346 $13,520,379
Assistance to aged and blind $3,708,316 $3,991,078
Aid to dependent children $24,664,908 $28,239,610
Food stamp program $3,760,652 $3,898,055
Nevada Medicaid $117,130,554 $154,287,767
Employment and training program $1,726,710 $1,740,138
Indian affairs commission $95,640 $96,302
Office of the state public defender $441,693 $424,535
Sec. 20. Office of the Military.
For the support of the:
Nevada National Guard $1,081,617 $1,062,297
Adjutant general construction $60,000 -0-
National Guard benefits $45,000 $45,000
Sec. 21. Department of Prisons.
For the support of the:
Office of director $5,803,056 $5,627,789
Medical care $19,522,523 $20,983,430
Southern Nevada correctional center $7,142,608 $7,261,431
Southern desert correctional center $12,127,678 $12,316,903
Nevada state prison $9,745,353 $9,826,182
Northern Nevada correctional center $10,671,703 $10,911,159
Nevada womens correctional center $2,722,719 $2,762,044
Ely maximum security prison $14,475,982 $14,670,359
Lovelock correctional center $79,891 $80,232
Stewart conservation camp $739,905 $742,395
Ely conservation camp $782,340 $789,462
Humboldt conservation camp $765,905 $753,727
Indian Springs conservation camp $1,162,447 $1,269,372
Jean conservation camp $646,101 $644,510
Pioche conservation camp $677,593 $764,164
Carlin conservation camp $748,956 $746,894
Wells conservation camp $787,416 $785,785
Silver Springs conservation camp $758,044 $777,828
Tonopah conservation camp $790,733 $793,711
Southern Nevada restitution center $285,784 $286,809
κ1993 Statutes of Nevada, Page 1120 (CHAPTER 350, AB 787)κ
Northern Nevada restitution center $99,401 $102,608
Sec. 22. Parole Board.
For the support of the parole board $631,209 $635,766
Sec. 23. Department of Business and Industry.
For the support of the:
Business and industry administration $35,931 $43,256
Financial institutions division $1,105,701 $1,118,138
Consumer affairs division $417,523 $406,152
Mentally ill individuals program $62,373 $62,898
Real estate administration $1,091,419 $1,103,770
Unclaimed property program $119,849 $121,122
Division of insurance $802,641 $859,541
Employee-management relations board $105,011 $103,550
Labor commissioner $695,643 $696,493
Commission on postsecondary education $154,175 $150,736
Nevada athletic commission $222,703 $226,761
Plant industry fund $1,114,392 $1,081,679
Veterinary medical services $559,378 $561,284
Junior livestock show board $26,995 $26,995
Predatory animal and rodent committee $413,414 $414,025
High school rodeo association $17,000 $17,000
Sec. 24. State Department of Conservation and Natural Resources.
For the support of the:
Office of the director $366,221 $366,847
Division of state parks $3,203,329 2,779,647
Division of forestry $1,698,124 $1,660,903
Forest fire suppression $450,000 $450,000
Forestry honor camps $5,194,286 $5,660,395
Water and mining $330,332 $327,322
State environmental commission $1,373 $1,373
Division of water resources $2,693,745 $2,709,602
Division of water planning $239,492 $241,084
Division of state lands $361,249 $369,488
Division of conservation districts $96,156 $95,503
Tahoe regional planning agency $711,168 $735,911
Nevada Tahoe regional planning agency $4,000 $4,000
Division of wildlife $600,670 $600,670
State climatologist $25,454 $25,539
High-level nuclear waste $35,000 $35,000
κ1993 Statutes of Nevada, Page 1121 (CHAPTER 350, AB 787)κ
Sec. 25. Department of employment, training and rehabilitation.
For the support of:
Committee to hire the handicapped $127,947 $119,234
Nevada equal rights commission $507,306 $522,928
Vocational rehabilitation $1,005,984 $1,034,963
Financial assistance for physically disabled $669,694 $669,694
Social security administration/ vocational rehabilitation $10,859 $10,859
Services to the blind $674,274 $654,631
Alcohol and drug abuse rehabilitation $2,398,786 $2,401,604
Traumatic head injury program $279,328 $279,328
Drug commission $13,982 $14,055
Sec. 26. Department of Motor Vehicles and Public Safety.
For the support of the:
Directors office $8,076 $11,320
Registration division $13,251 $13,251
Motor vehicles administration $46,281 $46,282
Highway patrol (law enforcement) $255,558 $211,397
Investigation division $3,555,073 $3,589,741
Peace officers standards and training $58,562 -0-
Nevada commissioner for veterans affairs $537,852 $549,901
Division of emergency management $185,614 $189,301
Division of parole and probation $15,113,976 $15,376,652
State fire marshal $209,656 $210,615
Sec. 27. Ethics commission $83,843 $82,770
Sec. 28. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.
Budget division $74,097 $79,161
Department of taxation $788,438 $795,557
Department of motor vehicles and public safety
Directors office $1,860,923 $1,903,262
Highway patrol $15,983,444 $16,086,980
Administrative services $5,591,988 $5,867,318
Automation $2,399,310 $2,380,053
Drivers license $5,436,290 $5,617,806
κ1993 Statutes of Nevada, Page 1122 (CHAPTER 350, AB 787)κ
Motor carrier $2,042,054 $2,045,214
Registration division $7,805,437 $8,156,615
Commercial drivers license $766,276 $775,384
Hazardous materials $834,018 $937,463
Office of traffic safety $41,653 $42,519
Public service commission $2,325,837 $2,296,276
Sec. 29. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.
For the support of the state predatory animal and rodent committee $20,000 $20,000
Sec. 30. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1993-1994 and 1994-1995, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 31. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Care of handicapped children;
3. Forest fire suppression;
4. National guard benefits;
5. Communicable disease control;
6. Maternal and child health services;
7. Food stamps program;
8. Aid to dependent children;
9. Assistance to aged and blind;
10. Nevada Medicaid;
11. Employment and training program;
12. Youth community services;
13. Pensions of justices, judges and widows; and
14. Attorney generals special litigation account,
are available for both fiscal years 1993-1994 and 1994-1995, and may be transferred for both fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor. The funds appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 1993-1994 and 1994-1995, and may be transferred from one fiscal year to the other with the approval of the interim finance committee.
κ1993 Statutes of Nevada, Page 1123 (CHAPTER 350, AB 787)κ
appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 1993-1994 and 1994-1995, and may be transferred from one fiscal year to the other with the approval of the interim finance committee.
Sec. 32. The sums appropriated to the legislative fund by section 10 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1993-1994 and 1994-1995, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 33. The total amounts appropriated in section 19 of this act to each of the accounts of the welfare division enumerated in section 31 of this act, except for the amounts appropriated for the assistance to the aged and blind program and except as otherwise provided in this section, are limits. The division shall not request additional money for these programs, except for:
1. Increased state costs in the event that federal financial participation rates are reduced from those in effect on July 1, 1993;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 1993, and not specifically funded in the Nevada Medicaid account in fiscal years 1993-1994 and 1994-1995; and
3. Any revenue shortfall in the net state benefit from amounts budgeted in fiscal years 1993-1994 or 1994-1995 to be received in the Nevada Medicaid account as a result of the passage of Senate Bill No. 494 of this session, which revises the tax on hospitals and provides for certain intergovernmental transfers.
Sec. 34. The sums appropriated to the welfare division by section 19 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 35. The sums appropriated to the department of prisons by section 21 of this act may be transferred among the various budget accounts of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 36. The sums appropriated to any division, agency or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and such transfers are also limited only to those activities which are supported by general fund or highway fund appropriations.
Sec. 37. In addition to the requirements of NRS 353.225, for the fiscal years 1993-1994 and 1994-1995, the board of regents of the University and Community College System of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.
κ1993 Statutes of Nevada, Page 1124 (CHAPTER 350, AB 787)κ
Sec. 38. There is hereby appropriated $12,000 from the state general fund to the public employees retirement board to be expended for the administration of the legislators retirement system for the period July 1, 1993, through June 30, 1995.
Sec. 39. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1993-1994 and 1994-1995 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any encumbered balance of the appropriations made to the legislative fund by section 10 of this act does not revert to the state general fund but constitutes a balance carried forward.
Sec. 40. If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 21 of this act for the department of prisons such amount as may be required to pay the claims but not exceeding a total of $4,000,000.
Sec. 41. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
Sec. 42. For accounting purposes, the state controller shall, when reporting for each fiscal year, the financial position of the state general fund, designate up to $50,000,000, if available, of the unreserved fund balance as reserved for stabilizing the budget.
Sec. 43. The state controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 44. The state board of health shall increase fees to a level sufficient to meet the revenues projected in the budget approved by the legislature.
Sec. 45. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $3,460,401 to restore the funds balance to $8,000,000.
Sec. 46. Section 2 of chapter 510, Statutes of Nevada 1991, at page 1583, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act for equipment, furnishings and supplies for the expansion of the Pioche and Indian Springs conservation camps 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. Any remaining balance of the appropriation made by section 1 of this act for all other purposes must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money have been made.
κ1993 Statutes of Nevada, Page 1125 (CHAPTER 350, AB 787)κ
Sec. 47. Section 1 of chapter 670, Statutes of Nevada 1991, at page 2210, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $244,924 for new equipment and software for data processing.
2. If the amount of administrative assessments distributed to the supreme court pursuant to NRS 176.059 in fiscal year 1992-1993 is less than the amount legislatively authorized for that fiscal year, any unexpended balance of the appropriation made by subsection 1, which does not exceed the difference between the legislative authorization for administrative assessments for the supreme court and actual receipts in fiscal year 1992-1993, may be used to pay operating expenses of the supreme court within that fiscal year.
Sec. 48. Section 5 of chapter 724, Statutes of Nevada 1991, at page 2443, is hereby amended to read as follows:
Sec. 5. 1. There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $175,000 for all matters related to the relocation of the staff, furnishings and equipment of the supreme court, supreme court law library and the administrative office of the courts.
2. If the amount of administrative assessments distributed to the supreme court pursuant to NRS 176.059 in fiscal year 1992-1993 is less than the amount legislatively authorized for that fiscal year, any unexpended balance of the appropriation made by subsection 1, which does not exceed the difference between the legislative authorization for administrative assessments for the supreme court and actual receipts in fiscal year 1992-1993, may be used to pay operating expenses of the supreme court within that fiscal year.
Sec. 49. If Assembly Bill No. 488 of this session, providing for the expedited release from prison of terminally ill or physically incapacitated prisoners, is not approved, there is hereby contingently appropriated from the state general fund to the department of prisons for medical care:
For the fiscal year 1993-1994...................................................... $489,349
For the fiscal year 1994-1995...................................................... $345,952
Sec. 50. The department of motor vehicles and public safety shall not operate an internal affairs program without first obtaining approval from the legislature when in session or the interim finance committee when the legislature is not in session. If such approval is obtained, the department shall not utilize the internal affairs program to conduct investigations on non-commissioned personnel.
Sec. 51. 1. If projects of the ending balance of the state general fund fall below the amount estimated by the 1993 legislature for fiscal year 1993-1994 or 1994-1995, the chief of the budget division of the department of administration shall report this information to the state board of examiners.
2. If the state board of examiners determines that the ending balance of the state general fund is projected to be less than $35,000,000 for fiscal year 1993-1994 or 1994-1995, the governor, pursuant to NRS 353.225, may direct the chief of the budget division to require the state controller or the head of each department, institution, or agency to set aside a reserve of not more than 15 percent of the total amount of operating or other appropriations and money otherwise available to such department, institution or agency.
κ1993 Statutes of Nevada, Page 1126 (CHAPTER 350, AB 787)κ
1993-1994 or 1994-1995, the governor, pursuant to NRS 353.225, may direct the chief of the budget division to require the state controller or the head of each department, institution, or agency to set aside a reserve of not more than 15 percent of the total amount of operating or other appropriations and money otherwise available to such department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The governor, on behalf of the state board of examiners, submits a report to the legislature, or if the legislature is not in session, to the interim finance committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The legislature or the interim finance committee approves setting aside of the reserve.
Sec. 52. The chief of the budget division of the department of administration shall, in preparing the work programs for agencies pursuant to NRS 353.215 for fiscal year 1993-1994 with respect to any budget account, title or organizational placement of a budget account which is changed pursuant to Assembly Bill No. 782 of this session on October 1, 1993, take necessary action to ensure appropriate work program authority exists for the period July 1, 1993, to September 30, 1993, under the existing budget accounts, titles and organizational structure in order to ensure an orderly transition to the provisions of Assembly Bill No. 782 of this session.
Sec. 53. 1. The section and sections 45 to 48, inclusive, of this act become effective on June 30, 1993.
2. The remaining sections of this act become effective on July 1, 1993.
________
Assembly Bill No. 788 — Committee on Ways and Means
CHAPTER 351
AN ACT relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the state public works board; requiring the repayment for certain projects by certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state public works board, the sum of $8,693,525 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:
κ1993 Statutes of Nevada, Page 1127 (CHAPTER 351, AB 788)κ
Description Project No. Amount
1. Capital improvements for the Department of Human Resources:
Upgrade fire alarm system, NMHI, Sparks 93-M1 $214,254
Replace underground electric lines, NYTC, Elko 93-M6 $215,551
Renovations, Lakes Crossing, Sparks 93-M11 $259,053
Repair showers, latrines and kitchens, NYTC, Elko 93-M12 $155,446
Rehabilitate adolescent recreation yard, Child and Family Services, Sparks 93-M13 $101,945
Upgrade electrical phase protection, NMHI, Sparks 93-M18 $115,569
2. Capital improvements for the Department of Museums and History:
Renovate HVAC system, Museums, Overton and Reno 93-M9 $182,329
Metal storage building for restored locomotive, Virginia City 93-L5 $27,169
3. Capital improvements for the Department of Prisons:
Replace high mast lights, SDCC 93-M3 $419,094
Replace locking systems and security cameras, NSP and SDCC 93-M4 $455,297
Waterproof underground electrical system, SNCC 93-M5 $93,740
Upgrade HVAC system, Reno Correctional Facility 93-M16 $196,191
Replace cell doors, NNCC 93-M17 $112,404
4. Capital improvements for the University and Community College System of Nevada:
Campus improvements, CCSN 93-U4 $462,009
Campus improvements, DRI 93-U5 $75,000
Campus improvements, NNCC 93-U6 $400,000
Campus improvements, TMCC 93-U7 $475,000
Campus improvements, WNCC 93-U8 $121,000
κ1993 Statutes of Nevada, Page 1128 (CHAPTER 351, AB 788)κ
5. Capital improvements for the Department of General Services:
Capitol and mansion exterior surface restoration 93-M14 $269,629
Such office building furnishings/ equipment and site improvements, Las Vegas 93-C3 $2,085,768
6. Advance planning 93-S4 $582,675
7. Paving, statewide 93-S5 $1,189,800
8. Asbestos removal, statewide 93-S6 $40,000
9. Underground petroleum storage tank removal, statewide 93-S7 $200,000
10. Replace HVAC system, OTAG, Office of Military, Carson City 93-M8 $244.602
Sec. 2. The amount appropriated in section 1 for project L-5, metal storage building for restored locomotive, must not be committed for expenditure unless the building is constructed on land owned by the State of Nevada and the ownership of the locomotion is vested in the State of Nevada.
Sec. 3. Of the amount appropriated in section 1 of this act for project 93-C3, state office building furnishings/equipment and site improvements, $70,973 is allocated for the acquisition of furnishings for the legislative counsel bureau.
Sec. 4. Of the amount appropriated in section 1 for project 93-C3, state office building furnishings/equipment and site improvements, $12,000 is allocated for the installation of a sound system for the state gaming control board.
Sec. 5. The state public works board shall transfer the sum of $110,775 from the amount appropriated pursuant to section 1 of chapter 497, Statutes of Nevada 1991, at page 1525, for project 91-D1, advance planning, and $16,550 from the amount appropriated pursuant to section 1 of chapter 613, Statutes of Nevada 1989, at page 1370, for project 89-1, advance planning, to project 93-S4, advance planning, increasing authorized expenditures for project 93-S4 to $710,000.
Sec. 6. There is hereby appropriated from the state general fund to the University and Community College System of Nevada, the sum of $8,466,991 to support the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:
Description Project No. Amount
1. Campus improvements, Northern Regional Data Center 93-U1 $300,000
2. Campus improvements, UNLV 93-U2 $2,575,625
3. Campus improvements, UNR 93-U3 $4,826,250
4. Campus improvements, CCSN 93-U4 $261,116
5. Campus improvements, DRI 93-U5 $175,000
6. Campus improvements, NNCC 93-U6 $100,000
κ1993 Statutes of Nevada, Page 1129 (CHAPTER 351, AB 788)κ
7. Campus improvements, TMCC 93-U7 $100,000
8. Campus improvements, WNCC 93-U8 $129,000
Sec. 7. There is hereby appropriated from the state highway fund to the state public works board, the sum of $6,653,252 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:
Description Project No. Amount
1. Roofing, statewide 93-S1 $140,000
2. Americans with Disabilities Act, statewide 93-S2 $300,000
3. Paving, statewide 93-S5 $50,000
4. Upgrade emergency power, DMV, Carson City 93-H1 $324,242
5. Improve fire flow to hydrants and sprinklers, DMV, Carson City 93-H2 $97,744
6. Add walkway to warehouse mezzanine, DMV, Carson City 93-H3 $80,968
7. Asbestos removal, Galletti Way facility, DMV, Reno 93-H4 $74,695
8. Renovate Galletti Way, facility, DMV, Reno 93-H5 $3,263,380
9. Commercial drivers license/ express office, DMV, Las Vegas 93-L6 $2,322,223
Sec. 8. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $37,171,927 for the following capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:
Description Project No. Amount
1. Cheyenne campus, Phase V, CCSN 93-C5 $13,647,782
2. Advanced technology center and library, TMCC 93-C7 $7,312,588
3. West Charleston campus, Phase III, CCSN 93-G3 $14,754,329
4. Winnemucca branch, NNCC 93-C8 $1,457,228
Sec. 9. The state controller may advance temporarily from the state general fund to the state public works board, until the date on which bonds authorized by section 8 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 8. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
κ1993 Statutes of Nevada, Page 1130 (CHAPTER 351, AB 788)κ
advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
Sec. 10. The state public works board shall transfer the sum of $500,000 from the amount allocated pursuant to section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, for Project 91-C15, Classroom and Office Complex, UNLV to Project 93-C5, Cheyenne Campus, Phase V-Community College of Southern Nevada.
Sec. 11. The state public works board shall transfer the sum of $150,973 from the amount allocated pursuant to section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, for the construction, acquisition and improvement of a health sciences building on the campus of the University of Nevada, Las Vegas, to project 93-G3, West Charleston Campus, Phase III, CCSN.
Sec. 12. The state public works board shall transfer the sum of $9,763,012 from the amounts allocated or appropriated pursuant to sections 1, 5, 7, 8 and 9 of chapter 613, Statutes of Nevada 1989, at pages 1370 to 1373, inclusive, from the projects identified in this section to projects as authorized in section 14 of this act:
Description Project No. Amount
1. Forensic center, Southern Nevada 89-29 $9,272,749
2. Southern Nevada Computer Center 89-37 $12,440
3. Supreme court building and garage 89-38B $70,000
4. 144-bed Womens Prison, Phase I 89-44 $193,255
5. Modular Housing Unit, NNCC 89-47 $50,000
6. Health Education Center, Phase II, West Charleston, CCCC 89-49 $152,202
7. 112-bed Conservation Camp 89-50 $5,000
8. Clark County Community College, Phase II Henderson Campus 89-64 $7,366
Sec. 13. The state public works board shall transfer the sum of $9,323,068 from the amounts allocated or appropriated pursuant to sections 4 and 12 of chapter 497, Statutes of Nevada 1991, at pages 1526 and 1529, respectively, from the projects identified in this section to projects as authorized in section 14 of this act:
Description Project No. Amount
1. Technical arts center, NNCC 91-C3 $290,000
2. Fallon Phase IV and Carson City LRC expansion, WNCC 91-C4 $50,000
3. General services warehouse, Las Vegas 91-C8 $4,340,979
κ1993 Statutes of Nevada, Page 1131 (CHAPTER 351, AB 788)κ
4. Remodel supreme court building for Attorney General, Carson City 91-C10 $100,000
5. Juvenile treatment facility, Las Vegas (design) 91-C11 $381,125
6. Regional medical facility 91-C12 $1,324,000
7. Tempered water-cell blocks A, B and C, and infirmary, NSP 91-M9 $30,322
8. Asbestos abatement in state-owned buildings, statewide 91-M17 $400,000
9. Replace underground heat lines, NNCC 91-M20 $129,192
10. Structural rehabilitation of the old mint museum, Carson City 91-M32 $300,000
11. Nellis site improvements/land acquisition 91-L4 $1,977,450
Sec. 14. The state public works board shall use the $19,086,080 transferred from the projects identified in sections 12 and 13 of this act to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise as described as follows:
Description Project No. Amount
1. Roofing, statewide 93-S1 $3,860,000
2. Americans with Disabilities Act 93-S2 $2,300,000
3. Fire sprinklers 93-S3 $2,093,500
4. Advance planning 93-S4 $45,000
5. State office building furnishings/ equipment and site improvements 93-C3 $1,260,855
6. Remodel Fremont school 93-G1 $1,647,894
7. Remodel old state library 93-G2 $488,067
8. Renovations and addition, State health lab, Reno 93-C1 $2,412,622
9. Conservation camp reconstruction, SCC 93-C6 $4,637,370
10. West Charleston Campus, Phase III, CCSN 93-G3 $220,000
11. Winnemucca branch, NNCC 93-C8 $120,772
Sec. 15. In addition to the amounts authorized in sections 8 and 14 of this act for project 91-C8, Winnemucca branch, NNCC, the state public works board is authorized to use not more than $100,000 in donated money for the construction of that project.
Sec. 16. The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
κ1993 Statutes of Nevada, Page 1132 (CHAPTER 351, AB 788)κ
Sec. 17. There is hereby appropriated from the state general fund to the legislative counsel bureau, the sum of $149,100 for the following miscellaneous building improvements for legislative buildings:
Description Project No. Amount
1. Prototype air-conditioning retrofit, Sedway Office Building 93-L1 $25,000
2. Lighting ballast retrofit, Legislative building 93-L2 $26,000
3. Additional outside lighting, Legislative mall 93-L3 $8,100
4. Encapsulation of plenum areas in Legislative Building 93-L4 $90,000
Sec. 18. The legislature finds and declares the proceeds of the State of Nevada, General Obligation Capital Improvement Bond, series November 1, 1991A for project 91-C6, Lovelock correctional center, as allocated pursuant to sections 4 and 12 of chapter 497, Statutes of Nevada 1991, at pages 1526 and 1529, respectively, can be used for operation and maintenance of the Lovelock correctional center until June 30, 1995.
Sec. 19. The repayment by the purchasing division of the department of general services for the cost of project 91-C8, general services warehouse, Las Vegas, pursuant to section 17 of chapter 497, Statutes of Nevada 1991, at page 1529, must be made to the consolidated bond interest and redemption fund rather than the state general fund.
Sec. 20. On July 1, 1993, the state printing and micrographics division and the motor pool division of the department of general services shall repay to the state general fund all costs incurred by the state public works board on project 91-D1, for the project titled general services printing addition and the project titled underground fuel storage, motor pool, statewide.
Sec. 21. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the state public works board to expedite the completion.
Sec. 22. 1. A tax ad valorem of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1993, and ending June 30, 1994, and a tax ad valorem of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1994, and ending June 30, 1995. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.
2. The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 23. 1. On or before July 1, 1993, and July 1, 1994, the state controller shall estimate the amount of proceeds of the tax levied by section 22 of this act.
κ1993 Statutes of Nevada, Page 1133 (CHAPTER 351, AB 788)κ
this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The state controller may revise the estimate and amount reserved.
2. If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the state controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
3. The state controller shall report to the legislature or, if the legislature is not in session, to the interim finance committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;
(b) The amount of money transferred from the state general fund pursuant to subsection 2; and
(c) The amount of money which reverts to the state general fund pursuant to subsection 2.
Sec. 24. The state board of examiners, in its capacity as the general obligation bond commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 67th session of the Nevada legislature from the proceeds of those bonds.
Sec. 25. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption account in the amount of $64,448,131 for the fiscal year beginning July 1, 1993, and ending June 30, 1994, and in the amount of $62,218,006 for the fiscal year beginning July 1, 1994, and ending June 30, 1995.
Sec. 26. The amounts appropriated pursuant to section 7 of this act from the state highway fund shall be allocated by the state controller as the funds are required for the projects and shall not be transferred to the projects from the state highway fund until required to make contract payments.
Sec. 27. With the approval of the interim finance committee, the state public works board and the University and Community College System of Nevada may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System for those projects listed in sections 1, 6, 7, 8 and 14 of this act.
Sec. 28. This act becomes effective on June 30, 1993.
________
κ1993 Statutes of Nevada, Page 1134κ
Senate Bill No. 568 — Committee on Finance
CHAPTER 352
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995; authorizing the assessment of certain boards for certain costs of the budget division of the department of administration; authorizing the collection of certain amounts from the counties for the use of the services of the public defender; and providing other matters properly relating thereto.
[Approved June 30, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
1993-94 1994-95
Office of the governor
Washington office $218,974 $230,478
Attorney general
Administration 4,853,185 4,895,915
Tort claim fund 2,030,807 2,833,677
Workers compensation-fraud unit 1,610,056 1,372,774
Special fund 151,000 151,000
Office of extradition coordinator 55,000 55,000
Private investigators licensing 216,499 255,607
Consumers advocate 1,220,373 1,225,750
Secretary of state 499,985 510,630
Treasurer 276,669 276,669
Municipal bond bank revenue 17,340,920 17,342,520
Municipal bond bank debt service 17,168,800 17,170,400
Department of administration
Administrative services division 739,617 748,650
Budget division 269,856 289,584
Self-insurance trust fund 90,932,717 106,476,490
Retired employees group insurance 4,307,297 4,875,146
State employees workers compensation 14,486,614 15,907,529
Indigent accident account 4,390,874 4,645,035
Supplemental fund — indigents 2,592,345 2,761,786
κ1993 Statutes of Nevada, Page 1135 (CHAPTER 352, SB 568)κ
Mail services 3,422,759 3,635,523
State printing office 3,522,595 3,589,603
Records management-micrographics 244,399 223,494
Printing office equipment 439,314 520,289
Public works inspection 2,586,502 2,217,629
Insurance and loss prevention 1,773,227 1,803,839
Buildings and grounds 7,423,398 8,024,455
Capitol police 599,773 741,147
Clear Creek youth center 118,520 120,520
Marlette Lake 160,239 160,593
Water treatment plant 188,316 187,700
Motor vehicle operations division 1,858,774 1,844,785
Motor vehicle purchase 955,927 1,101,620
Purchasing division 1,762,682 1,619,597
Equipment purchase 133,778 150,184
Food distribution program 1,725,141 1,778,701
Surplus property administration 275,789 266,283
Hearings division 1,916,418 1,954,849
Workers compensation hearings reserve 307,125 307,125
Victims of crime program 3,189,171 3,344,317
Deferred compensation committee 25,800 25,800
Department of personnel 5,225,546 5,164,171
State unemployment compensation 750,000 750,000
Department of tourism and economic development
Tourism division 5,519,280 5,960,188
Nevada magazine 2,647,520 2,993,998
Film division 360,714 369,091
Rural community development 1,600,000 1,600,000
Small business and procurement 363,436 356,575
Department of taxation 2,718,388 3,536,565
Department of information services
Directors office 408,330 415,590
Division of systems and programming 7,727,340 9,736,963
Division of facility management 6,035,806 7,766,740
Planning division 522,283 550,383
Telecommunications division 1,548,338 1,542,087
Communications division 1,020,526 1,004,822
Employees management relations board 3,000 3,000 Legislative fund
κ1993 Statutes of Nevada, Page 1136 (CHAPTER 352, SB 568)κ
Legislative fund
Legal division 740,497 113,072
Research division 12,000 12,000
Committee on high-level radioactive waste 125,000 125,000
Court administrator 822,115 877,172
Supreme court 2,579,707 2,630,566
Uniform system of judicial records 378,134 401,585
Law library 17,000 17,000
Retired justice duty fund 163,163 172,283
Judicial education 378,134 401,585
District judges travel 69,059 72,511
Department of education
Education: State programs 17,717 2,500
Education Consolidation and Improvement Act, Chapter II 2,374,718 2,371,717
Job Training and Partnership Act 456,751 504,875
Education for the Handicapped Act — Title VI 11,581,263 14,302,159
Education Consolidation and Improvement Act — Chapter I 17,102,642 17,904,934
Support services 832,582 825,376
Personnel testing 35,014 47,140
Occupational education 5,694,739 5,561,447
Child nutrition program 19,531,343 21,467,734
Adult basic education 1,590,379 1,729,392
Drug abuse education 2,109,850 2,113,183
Discretionary grants program 347,429 304,175
Early childhood education 2,127,281 2,721,745
Professional standards commission 130,000 130,000
Education of handicapped persons 784,514 780,127
Teacher training for handicapped children 197,874 199,584
EESA-TITLE II 955,957 932,440
Teacher training-English as a second language 90,000 90,000
School health education — AIDS 287,063 293,820
Other education programs 37,000 39,001
Student incentive grants 429,146 429,919
Education gift fund 28,500 28,500 University and Community College System of Nevada
κ1993 Statutes of Nevada, Page 1137 (CHAPTER 352, SB 568)κ
University and Community College System of Nevada
System administration 69,429 69,429
Agriculture experiment station 1,115,450 1,115,450
Cooperative extension service 1,191,368 1,191,368
University of Ne vada, Reno 18,757,607 19,814,936
School of medical sciences 1,928,155 2,069,035
University of Ne vada, Las Vegas 23,252,060 25,531,689
Special projects account 2,150,000 2,150,000
Community college of Southern Nevada 6,050,857 7,181,361
Western Nevada community college 1,369,355 1,471,757
Truckee Meadows community college 2,933,526 3,134,349
Northern Nevada community college 740,083 825,104
Radiation safety board — southern Nevada 126,393 130,833
Radiation safety board — northern Nevada 240,369 249,879
Desert research institute 148,486 148,486
W.I.C.H.E. loan fund 961,330 714,153
Department of museums, library and arts 32,966 32,966
Nevada railroad museum 277,283 282,283
Lost City museum 64,341 69,140
State museum Las Vegas 26,145 28,083
Nevada state museum 263,552 276,518
Nevada historical society 54,909 74,815
Railroad depot — East Ely 74,473 75,290
Historic preservation 274,061 276,893
Nevada council on the arts 699,733 684,976
State library 913,198 929,047
Literacy program 35,000 35,181
Archives and records 7,580 7,580
Central libraries automated network 241,718 243,856
Department of human resources
Directors office 7,226,736 7,222,448
Hospital tax account 84,245,410 65,140,781
Public defender 611,282 588,183
Health resources and cost review 175,000 175,000
Purchase of social services 13,996,894 14,752,726
Aging services 5,365,051 5,441,326
Senior services program 3,428,957 3,620,178
Radioactive material disposal 6,547,797 6,766,565
κ1993 Statutes of Nevada, Page 1138 (CHAPTER 352, SB 568)κ
Child and family services division 7,118,571 7,475,724
Northern Nevada child and adolescent services 2,042,196 2,042,196
Southern Nevada child and adolescent services 2,666,862 2,666,862
Southern Nevada childrens home 145,220 -0-
Child care services bureau 327,649 327,649
Youth alternative placements 498,359 527,215
Nevada youth training center 237,000 239,000
Youth parole 185,767 165,824
Youth training center — ECIA — Chapters 1 and 2 190,345 195,841
Youth training center farm 18,000 18,000
Caliente youth center 224,286 224,286
Chapter I — Special education 1,250,520 1,250,520
Youth community services 10,347,106 11,498,101
Victims of domestic violence 1,221,862 1,499,958
Child abuse and neglect 164,555 164,858
Probation subsidies 214,680 217,628
Child welfare trust 887,041 921,080
Childrens trust account 842,293 891,939
Health division
Office of the state health officer 517,454 525,839
Vital statistics 199,967 216,371
Bureau of health facilities 2,195,053 2,280,964
Family planning 494,216 473,914
Laboratory and research 927,312 942,108
Womens, infants and childrens food supplement program 14,137,386 15,364,723
Bureau of childrens health services 1,956,329 1,974,300
Special childrens clinic 497,776 516,180
Community health services 1,239,021 1,249,139
Emergency medical services 297,295 109,855
Health aid to counties 63,500 63,500
Sexually transmitted disease control 1,597,221 1,599,851
Immunization program 959,963 1,099,400
κ1993 Statutes of Nevada, Page 1139 (CHAPTER 352, SB 568)κ
Consumer protection 1,260,921 1,266,757
Radiological health 808,278 529,366
Communicable disease control 67,327 67,566
Cancer control registry 99,128 105,760
Mental hygiene and mental retardation division 672,129 674,070
Nevada mental health institute 1,744,382 1,509,665
Facility for the mental offender 146,255 146,255
Rural clinics 1,342,023 1,277,089
Southern Nevada adult mental health services 1,633,110 1,602,013
Southern MH/MR food service 801,535 805,239
Southern Nevada mental retardation services 5,481,405 5,648,651
Northern Nevada mental retardation services 4,503,987 4,615,892
Community training centers 1,278,663 1,281,022
Resident placement 2,228,615 2,278,076
Welfare division
Administration 16,248,734 21,810,432
Food stamp program 3,813,674 3,951,074
Aid to dependent children 25,946,653 30,366,148
State aid to the medically indigent 303,594,531 332,348,105
Homemaking services 1,534,684 1,534,684
Child support enforcement 21,252,832 23,091,975
Employment and training 1,728,413 1,742,350
Community services block grant 1,764,108 1,766,051
Homeless program 295,827 301,782
Petroleum overcharge rebate 1,257,428 1,216,342
Emergency assistance 425,000 425,000
DOE-weatherization 1,125,752 1,104,687
Energy assistance-welfare 2,726,827 2,726,902 Office of the military 2,242,999 2,329,786
κ1993 Statutes of Nevada, Page 1140 (CHAPTER 352, SB 568)κ
Office of the military 2,242,999 2,329,786
Adjutant generals construction fund 1,964,876 1,952,376
Department of prisons
Office of the director 408,982 410,985
Medical care 107,248 107,605
Prison industries 6,065,296 7,290,291
Prison warehouse account 7,727,812 7,774,461
Nevada state prison 483,829 483,829
Northern Nevada correctional center 215,331 214,916
Southern Nevada correctional center 25,284 25,424
Ely maximum security facility 48,858 48,585
Southern desert correctional center 119,827 121,231
Nevada womens correctional center 28,530 28,530
Offenders store fund 5,345,590 5,711,463
Pioche conservation camp 366 366
Southern desert conservation camp 1,011 1,011
Wells conservation camp 10,754 10,754
Humboldt conservation camp 624 624
Ely conservation camp 542 542
Inmate welfare account 316,632 445,192
Destitute prisoners fund 14,119 14,569
Tonopah conservation camp 577 577
Southern Nevada conservation camp 355 355
Stewart conservation camp 13,181 13,181
Carlin conservation camp 591 591
Silver Springs conservation camp 9,162 9,162
Northern restitution center 498,089 498,089
Southern restitution center 305,230 305,230
Prison dairy 885,861 951,224
Department of business and industry
Directors office 145,823 170,889
Division of insurance 1,520,090 1,546,759
Insurance fraud section 664,814 726,620
Cost stabilization 298,940 247,912
National association of insurance commissioners 51,489 52,251
Self-insurance — workers compensation 152,128 154,157
Insurance examiners 4,747,485 4,174,304
κ1993 Statutes of Nevada, Page 1141 (CHAPTER 352, SB 568)κ
Office for hospital patients 174,488 170,425
Insurance recovery fund 40,000 40,000
Insolvency fund 2,240,145 2,383,869
Insurance education and research 387,581 381,874
Commission on postsecondary education 68,746 71,972
Taxicab authority 3,229,249 2,925,901
Division of minerals 856,909 826,196
Manufactured housing division 623,425 607,638
Mobile home parks 132,932 131,807
Manufactured housing education and recovery 638,883 655,702
Low rent subsidy 579,467 556,399
Division of financial institutions 6,000 6,000
Financial institutions audit program 60,690 61,140
Financial institutions investigations 76,059 76,114
Division of industrial relations 3,030,370 2,881,833
Enforcement for industrial safety 2,782,813 2,842,371
Preventative safety 1,392,928 1,323,801
Mine inspections 570,398 581,608
Consumer affairs division 209,963 205,491
Telemarketing 2,216,925 1,500,000
Consumer affairs restitution 200,000 200,000
Office of protection and advocacy 415,350 344,002
Mentally ill individuals program 548,724 460,434
Rural housing 714,861 767,077
Energy conservation 1,016,942 1,026,064
Real estate division 131,542 131,542
Real estate education and research 688,471 763,121
Real estate recovery 349,760 297,400
Real estate investigative fund 17,385 21,507
Division of unclaimed property 251,925 255,310
Housing division 2,039,027 2,059,297
Low income housing trust 4,066,327 4,182,281
Division of agriculture
Plant industry fund 434,514 434,514
Gas pollution standards 418,828 340,113
κ1993 Statutes of Nevada, Page 1142 (CHAPTER 352, SB 568)κ
Apiary inspection fund 20,868 19,439
Agriculture registration and enforcement fund 634,601 615,627
Livestock inspection fund 970,674 818,801
Grading and certification of agriculture products 179,652 176,275
Insect abatement 50,218 52,144
Alfalfa seed research 92,096 86,515
Veterinary medical services 23,350 23,350
Rural rehabilitation trust 76,820 84,659
Nevada beef council 239,199 224,542
Predatory animal and rodent control 20,000 20,000
Sheep commission 22,105 23,163
Woolgrowers predatory animal control 58,064 57,826
Grazing boards 50,630 50,630
Gaming control board 2,597,001 2,683,227
Gaming control board investigative fund 3,923,276 4,009,502
Athletic commission 50,000 50,000
Attorney for injured workers 1,273,418 1,290,723
Dairy commission 1,033,646 997,207
Public service commission of Nevada 6,650,678 6,723,805
Administrative fines 207,375 277,989
Colorado River commission 1,181,141 1,413,738
Water treatment facility 34,446,600 39,676,638
Federal pumping and transmission facility 55,031,531 62,571,584
Research and development 990,185 785,229
Fort Mohave development fund 4,313,561 6,455,162
Power marketing fund 37,763,459 43,354,449
State department of conservation and natural resources
High-level nuclear waste 7,148,793 7,127,833
Division of environmental protection 1,396,078 1,407,082
Bureau of air quality 1,408,360 1,446,399
Water and mining bureau 4,136,880 3,960,508
Waste management and federal facilities 7,763,847 7,893,707
Environmental commission 23,125 23,125
Division of state lands 198,739 194,788
Division of water resources 15,000 15,000
Division of state parks 2,157,658 2,264,798
Division of forestry 561,576 563,572
κ1993 Statutes of Nevada, Page 1143 (CHAPTER 352, SB 568)κ
Forestry intergovernmental agreement 2,116,360 2,139,182
Forestry honor camp 311,816 311,816
Forestry nurseries 777,099 811,923
Forest fire suppression 1,720,077 1,720,077
Heil wild horse bequest 1,355,306 1,356,585
Carey Act trust fund 30,750 46,274
Nevada natural heritage 189,490 168,966
Conservation districts 250 250
Tahoe regional planning agency 33,333 33,333
Nevada Tahoe regional planning 17,526 17,526
Division of wildlife 14,702,485 14,938,924
Boat program 3,683,959 3,527,065
Trout management 1,079,751 1,042,346
Habitat mitigation 600,000 850,000
Department of transportation 415,957,098 358,065,241
Department of motor vehicles and public safety
Directors office 154,613 147,727
Administrative services division 91,184 91,395
Division of emergency management 159,148 162,431
Emergency management federal grants 1,247,046 1,171,632
Emergency management assistance program 382,938 382,938
Veterans affairs 175,992 181,542
Emergency response commission 670,902 679,221
Fire Marshal 432,206 413,792
Hazardous materials training center 1,045,742 799,201
Narcotics control 1,238,921 1,244,710
Record search program 3,976,924 4,219,118
Drivers license 436,579 450,549
Commercial drivers license 10,416 16,362
Automation 190,605 201,693
Highway patrol 734,808 771,682
Highway patrol special fund 14,126,079 14,256,862
Forfeitures — Law enforcement 1,139,697 1,141,316
Motor vehicle pollution control 5,763,552 6,412,458
Criminal history repository 1,317,004 1,342,448
Salvage, wreckers and body shops regulation 227,485 193,870
Peace officers standards and training 558,966 653,966
Highway safety 498,513 508,647
Bicycle safety program 83,173 72,359
κ1993 Statutes of Nevada, Page 1144 (CHAPTER 352, SB 568)κ
Motorcycle safety program 216,024 219,700
Crimes against children 1,125,176 1,150,299
Registration division 417,333 430,220
Motor carrier 51,457 51,457
Traffic safety — federal grants 1,609,241 1,609,241
Justice assistance act 2,800,000 2,800,000
Parole and probation division 1,896,711 2,063,246
Verification of insurance 3,324,602 2,550,968
Public employees retirement fund 2,671,937 2,698,141
State industrial insurance system 903,624,749 905,617,659
Rehabilitation center 6,882,650 6,921,531
Department of employment, training and rehabilitation 1,469,721 1,490,045
Employment security division 25,602,440 27,627,375
Employment security special fund 5,542,356 6,144,117
Claimant employment fund 4,107,994 4,179,265
State job training office 10,057,957 10,928,012
Committee to hire the handicapped 31,813 41,275
State occupational information coordinating committee 278,498 278,500
Rehabilitation division
Vocational rehabilitation 6,334,735 6,348,288
Hearing device program 1,205,418 1,480,279
Services to the blind 1,779,490 1,811,904
Blind business enterprise program 1,337,739 1,236,943
Community-based services 1,238,244 1,238,539
Alcoholism and drug rehabilitation 6,796,288 6,869,238
Alcohol tax program 641,443 649,361
Bureau of disability adjudication 4,458,198 4,674,360
Developmental disabilities 423,231 423,333
Social security admin-vocational rehabilitation 551,634 551,338
Drug commission 97,518 98,105
Equal employment opportunity 508,478 508,368
Mining cooperative fund 130,000 137,155
Office of science, engineering and technology 209,053 203,674
Professional and vocational boards
Board of accountancy 628,721 583,431
Board of architecture 691,264 597,930
κ1993 Statutes of Nevada, Page 1145 (CHAPTER 352, SB 568)κ
Board of landscape architects 49,491 48,094
Barbers health and sanitation board 80,536 63,230
Board of chiropractic examiners 193,761 201,706
Contractors board 2,315,715 2,252,288
Board of cosmetology 646,240 538,533
Board of dental examiners 308,839 313,084
Board of registered professional engineers 737,282 709,412
Board of funeral directors and embalmers 29,590 27,866
Board of hearing aid specialists 20,925 21,202
Board of nursing home administrators 19,332 20,912
Liquefied petroleum gas board 172,992 179,881
Board of audiologists and speech pathologists 27,735 17,572
Board of medical examiners 1,428,102 1,466,506
Board of marriage and family counselors 65,260 62,409
Board of nursing 1,242,175 982,785
Board of dispensing opticians 68,398 66,817
Board of homeopathic medical examiners 19,211 15,759
Board of optometry 123,795 127,018
Board of osteopathic medicine 145,804 127,397
Board of pharmacy 1,262,200 820,168
Board of occupational therapy 42,140 44,042
Board of physical therapy examiners 108,176 89,635
Board of public health sanitarians 2,151 2,023
Board of certified shorthand reporters 22,104 21,815
Board of Oriental medicine 33,671 32,764
Board of podiatry 33,138 35,293
Board of psychological examiners 73,284 100,578
Board of examiners in veterinary medicine 154,739 168,136
Board of examiners for social workers 149,100 158,405
Sec. 2. 1. Expenditure of $17,156,132 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1993, and ending June 30, 1994.
2. Expenditure of $17,087,197 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1994, and ending June 30,1995.
κ1993 Statutes of Nevada, Page 1146 (CHAPTER 352, SB 568)κ
authorized during the fiscal year beginning July 1, 1994, and ending June 30,1995.
3. The amounts authorized in subsection 1 and 2 must be reduced by $253,070 in fiscal year 1993-1994 and $243,974 in fiscal year 1994-1995, if a tax on slot route operators based on gross gaming revenue from restricted operations is not approved by the 67th session of the Nevada legislature.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act, except the legislative fund and judicial agencies, must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as otherwise provided in subsection 2 and limited by section 5 of this act, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University and Community College System of Nevada may expend, with the approval of the interim finance committee, any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
κ1993 Statutes of Nevada, Page 1147 (CHAPTER 352, SB 568)κ
1993-94 1994-95
University of Nevada, Reno $12,926,151 $13,948,960
University of Nevada, Las Vegas 21,226,688 23,506,317
Community college of southern Nevada 5,655,900 6,786,404
Western Nevada community college 1,268,880 1,369,393
Truckee Meadows community college 2,762,768 2,963,591
Northern Nevada community college 670,583 753,604
School of medical sciences 1,274,855 1,387,070
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed 50 percent of the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. The following amounts are authorized for expenditure from the University and Community College System of Nevada Endowment Fund in the accounts authorized in section 1 of this act:
1993-94 1994-95
Special projects account $2,150,000 $2,150,000
University of Nevada, Reno 100,000 100,000
University of Nevada, Las Vegas 100,000 100,000
Community college of southern Nevada 37,500 37,500
Truckee Meadows community college 37,500 37,500
Western Nevada community college 37,500 37,500
Northern Nevada community college 37,500 37,500
Sec. 9. 1. The chief of the budget division of the department of administration shall assess each professional or licensing board at the beginning of each fiscal year for its proportional share of the total salary and operating costs of an employee of the budget division who is responsible for monitoring compliance by such boards with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. Each boards share of the total costs must be equal to the percentage which the budget of each board represents of the total of all budgets of professional and vocational boards as approved by the legislature.
2. The assessments must be paid by September 1 of each year.
Sec. 10. The director of the department of administration shall annually prepare a statewide cost allocation plan distributing service agency indirect costs among the various agencies in accordance with the principles and procedures established by federal regulations and guidelines.
Sec. 11. 1. Except as otherwise provided in subsection 2, the state public defender shall collect not more than the following amounts from the counties for the use of his services:
κ1993 Statutes of Nevada, Page 1148 (CHAPTER 352, SB 568)κ
For the fiscal For the fiscal
year ending year ending
June 30, 1994 June 30, 1995
Carson City .......................................... $279,600 $282,000
Esmeralda County .............................. 5,729 -0-
Eureka County .................................... 15,487 15,595
Humboldt County .............................. 101,275 102,442
Lincoln County ................................... 17,047 17,170
Nye County .......................................... 22,914 -0-
Pershing County .................................. 55,745 56,250
Storey County ..................................... 9,625 9,899
White Pine County .............................. 103,860 104,827
Totals .............................................. $611,282 $588,183
2. If any county chooses to contribute an additional amount, the state public defender may, with the approval of the interim finance committee, accept it and apply it to augment his services.
Sec. 12. In fiscal years 1993-1994 and 1994-1995, the state treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535 to be paid on fuel used in watercraft for recreational purposes equally between the divisions of wildlife and state parks in the state department of conservation and natural resources.
Sec. 13. Of the amount authorized for expenditure in section 1 of this act in the account for preventative safety of the division of industrial relations of the department of business and industry, the sum of $350,000 in fiscal year 1994-1995 proposed for the public education and awareness program must not be obligated for expenditure until approved by the interim finance committee. The division shall report to the interim finance committee not later than May 1, 1994, on the effectiveness of the program and whether it should be continued.
Sec. 14. The chief of the budget division of the department of administration shall, in preparing the work programs for agencies pursuant to NRS 353.215 for fiscal year 1993-1994 with respect to any budget account, title or organizational placement of a budget account which is changed pursuant to Assembly Bill No. 782 of this session on October 1, 1993, take necessary action to ensure appropriate work program authority exists for the period July 1, 1993, to September 31, 1993, under the existing budget accounts, titles and organizational structure in order to ensure an orderly transition to the provisions of Assembly Bill No. 782 of this session.
Sec. 15. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1149κ
Assembly Bill No. 282 — Committee on Taxation
CHAPTER 353
AN ACT relating to local financial administration; authorizing counties to impose property taxes, upon approval of the voters, for accumulation in a fund for capital projects to be used to finance public works; eliminating the authority of a county to maintain a surplus building and maintenance reserve fund; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 15 cents per $100 of the assessed valuation of the county. A tax must not be levied pursuant to this for more than 10 years.
2. The board of county commissio ners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of this section among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments of the county for the 1990-1991 fiscal year.
3. The board of county commi ssioners shall not reduce the rate of any tax levied pursuant to the provisions of this section without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.
4. The governing body of each local government that receives a portion of the revenue from the tax levied pursuant to this section shall establish a separate fund for capital projects for the purposes set forth in this section. All interest and income earned on the money in the fund must also be deposited in the fund. The money in the fund may only be used for:
(a) The purchase of capital assets including land, improvements to land and major items of equipment;
(b) The construction or replacement of public works; and
(c) The renovation of existing governmental facilities, not including normal recurring maintenance.
The money in the fund must not be used to finance the issuance or the repayment of bonds or other obligations, including short-term financing.
5. Money may be retained in the fund for not more than 10 years to allow the funding of projects without the issuance of bonds or other obligations. For the purpose of determining the length of time a deposit of money has been retained in the fund, all money withdrawn from the fund shall be deemed to be taken on a first-in, first-out basis.
κ1993 Statutes of Nevada, Page 1150 (CHAPTER 353, AB 282)κ
taken on a first-in, first-out basis. No money in the fund at the end of the fiscal year may revert to any other fund, nor may the money be a surplus for any other purpose than those specified in this section.
6. The annual budget and audit report of each local government must specifically identify this fund and must indicate in detail the projects that have been funded with money from the fund. Any planned accumulation of the money in the fund must also be specifically identified.
7. The projects on which money raised pursuant to this section will be expended must be approved by the voters in the question submitted pursuant to subsection 1 or in a separate question submitted on the ballot at a primary, general or special election.
Sec. 2. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsections 2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, and section 1 of this act apply to all local governments. For the purpose of NRS 354.470 to 354,626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A. 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax shall comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
3. An electric light and power district created pursuant to chapter 318 of NRS shall be deemed to have fulfilled the requirements of NRS 354.470 to 354.626, inclusive, for a year in which the district does not issue bonds or levy an assessment if the district files with the department of taxation a copy of all documents relating to its budget for that year which the district submitted to the Rural Electrification Administration of the United States Department of Agriculture.
Sec. 3. NRS 244.263 is hereby amended to read as follows:
244.263 1. Notwithstanding the provisions of NRS [244.260 and] 450.250, with the approval of the state board of finance, the board of county commi ssioners of any county may, by an order of the board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Money in the county hospital construction fund must be used only for participation in the construction of a health facility pursuant to the provisions of NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and health facility have the same meanings ascribed to them in subsections 2 and 6 of NRS 449.260.
κ1993 Statutes of Nevada, Page 1151 (CHAPTER 353, AB 282)κ
3. The county hospital construction fund may be composed of:
(a) All or a part of the money paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) [All or a part of the money accumulated by the county pursuant to the provisions of NRS 244.260.
(c)] The proceeds of any annual special tax levied by the board of county commissioners for the fund.
4. Money deposited in a county hospital construction fund does not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund may exist for a period longer than 10 years from the date of the order of its creation. Any money remaining in the county hospital construction fund at the end of the 10-year period reverts to the county general fund.
5. Any money in the county hospital construction fund may, from time to time, be invested only in short-term bonds of the United State s Government.
Sec. 4. Section 2 of Senate Bill No. 172 of this session is hereby amended to read as follows:
Sec. 2. NRS 244.263 is hereby amended to read as follows:
244.263 1. Notwithstanding the provisions of NRS 450.250, [with the approval of the state board of finance,] the board of county commissio ners of any county may, by an order of the board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Money in the county hospital construction fund must be used only for participation in the construction of a health facility pursuant to the provisions of NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and health facility have the same meanings ascribed to them in subsections 2 and 6 of NRS 449.260.
3. The county hospi tal construction fund may be composed of:
(a) All or a part of the money paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) The proceeds of any annual special tax levied by the board of county commissioners for the fund.
4. Money deposited in a county hospital construction fund does not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund may exist for a period longer than 10 years from the date of the order of its creation. Any money remaining in the county hospital construction fund at the end of the 10-year period reverts to the county general fund.
5. Any money in the county hospital construction fund may, from time to time, be invested only in short-term bonds of the United States Government.
Sec. 5. NRS 244.260 and section 1 of Senate Bill No. 172 of this session are hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1152κ
Senate Bill No. 108 — Senator Neal
CHAPTER 354
AN ACT relating to hazardous materials; establishing certain standards for the operation and display of radar guns and similar devices; and providing other matters properly relating thereto.
[Approved July 1, 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. A person or governmental entity shall not operate or display or cause to be operated or displayed a radar gun or similar device unless it is:
(a) On the Consumer Products List of the International Association of Chiefs of Police; and
(b) Inspected at least every 3 years to determine whether its level of power and structural integrity comply with the minimum performance specifications for that model established by the United States Department of Transportation.
2. Any person or governmental entity that causes to be operated or displayed a radar gun or similar device that emits nonionizing radiation shall adopt procedures for its use that protect the health and safety of the operator of the radar gun or device.
3. A peace officer must successfully complete a course of training in the proper use of a radar gun or similar device approved by the peace officers standards and training committee of the department of motor vehicles and public safety before he may be authorized to operate a radar gun or similar device.
________
Senate Bill No. 139 — Committee on Natural Resources
CHAPTER 355
AN ACT relating to the Lake Tahoe Basin; establishing a program to mitigate the environmentally detrimental effects of certain uses of land in the Lake Tahoe Basin; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The division of state lands of the state department of conservation and natural resources shall, within the limits of available money, establish a program to mitigate the environmentally detrimental effects of land coverage in the Lake Tahoe Basin.
2. In carrying out the program the division may, as the state land registrar deems appropriate regarding particular parcels of land:
κ1993 Statutes of Nevada, Page 1153 (CHAPTER 355, SB 139)κ
(a) Acquire by donation, purchase or exchange real property or any interest in real property in the Lake Tahoe Basin.
(b) Transfer by sale, lease or exchange real property or any interest in real property in the Lake Tahoe Basin.
(c) Eliminate land coverage on real property acquired pursuant to paragraph (a).
(d) Eliminate, or mitigate the effects of, features or conditions of real property acquired pursuant to paragraph (a) which are detrimental to the environment of the Lake Tahoe Basin.
(e) Retire or otherwise terminate rights to place land coverage on real property in the Lake Tahoe Basin.
3. Any acquisition of real property or any interest in real property made pursuant to this section must first be approved by the state board of examiners. The price of the acquisition must be based on the fair market value of the property or interest as determined by a qualified appraiser.
4. The state land registrar may transfer real property or any interest in real property acquired pursuant to this section:
(a) To state and federal agencies, local governments and nonprofit organizations for such consideration as he deems to be reasonable and in the interest of the general public.
(b) To other persons for a price that is not less than the fair market value of the real property or interest as determined by a qualified appraiser.
5. Before any real property or an interest in real property is transferred pursuant to this section, a declaration of restrictions or deed restrictions must be recorded as required by the Tahoe Regional Planning Agency to ensure that rights to place land coverage on the real property are retired or otherwise terminated.
6. The state land registrar shall report quarterly to the state board of examiners regarding the real property or interests in real property transferred pursuant to this section.
7. As used in this section, land coverage means any covering over the natural surface of the ground that prevents water from percolating into the ground.
Sec. 2. 1. The account for mitigation of land coverage in the Lake Tahoe Basin is hereby created in the state general fund. The state land registrar may expend money in the account to administer and carry out the program established pursuant to section 1 of this act, including the payment of all administrative costs associated with the program. All money received by the division of state lands of the state department of conservation and natural resources for that program from any source and all money received by the state land registrar from the transfer of any real property or interest in real property pursuant to section 1 of this act must be deposited in the state treasury to the credit of the account.
2. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not lapse to the state general fund but must be carried over into the next fiscal year.
κ1993 Statutes of Nevada, Page 1154 (CHAPTER 355, SB 139)κ
3. All claims against the account must be paid as other claims against the state are paid.
Sec. 3. This act becomes effective on July 1, 1993.
________
Senate Bill No. 230 — Committee on Natural Resources
CHAPTER 356
AN ACT relating to water; directing the state engineer to establish a program that allows certain public water systems to provide water to new customers under certain circumstances; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state engineer shall adopt regulations establishing a program that allows a public water system to receive credits, as provided in this section, for the addition of new customers to the system. The program must be limited to public water systems in areas:
(a) Designated as ground water basins by the state engineer pursuant to the provisions of NRS 534.030; and
(b) In which the state engineer has denied one or more applications for any municipal uses of ground water.
2. Before the state engineer adopts any regulations pursuant to this section regarding any particular ground water basin, he shall hold a public hearing:
(a) Within the basin to which the regulations will apply if adequate facilities to hold a hearing are available within that basin; or
(b) In all other cases, within the county where the major portion of that basin lies,
to take testimony from any interested persons regarding the proposed regulations.
3. Upon adoption of the regulations required by this section regarding a particular ground water basin, a public water system which provides service in that basin is entitled to receive a credit for each customer who is added to the system after the adoption of those regulations and:
(a) Voluntarily ceases to draw water from a domestic well located within that basin; or
(b) Is the owner of a lot or other parcel of land, other than land used or intended solely for use as a location for a water well, which:
(1) Is located within that basin;
(2) Was established as a separate lot or parcel before July 1, 1993;
(3) Was approved by a local governing body or planning commission for service by an individual domestic well before July 1, 1993; and
(4) Is subject to a written agreement which was voluntarily entered into by the owner with the public water system pursuant to which the owner agrees not to drill a domestic well on the land and the public water system agrees that it will provide water service to the land.
κ1993 Statutes of Nevada, Page 1155 (CHAPTER 356, SB 230)κ
not to drill a domestic well on the land and the public water system agrees that it will provide water service to the land. Any such agreement must be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS.
4. The state engineer may require a new customer, who voluntarily ceases to draw water from a domestic well as provided in paragraph (a) of subsection 3, to plug that well.
5. A credit granted pursuant to this section:
(a) Must be sufficient to enable the public water system to add one service connection for a single-family dwelling to the system, except that the credit may not exceed the increase in water consumption attributable to the additional service connection or 1,800 gallons per day, whichever is less.
(b) May not be converted to an appropriative water right.
6. This section does not:
(a) Require a public water system to extend its service area.
(b) Authorize any increase in the total amount of ground water pumped in a ground water basin.
(c) Affect any rights of an owner of a domestic well who does not voluntarily bring himself within the provisions of this section.
7. As used in this section:
(a) Domestic well means a well used for culinary and household purposes in a single-family dwelling, including the watering of a garden, lawn and domestic animals and where the draught does not exceed 1,800 gallons per day.
(b) Public water system has the meaning ascribed to it in NRS 445.376.
________
Assembly Bill No. 19 — Committee on Government Affairs
CHAPTER 357
AN ACT relating to public employees; establishing a formula for determining the amount payable by the state toward the cost of insurance for certain retired employees; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as otherwise provided in subsection [3,] 6, any state or other participating officer or employee who elects to participate in the states group insurance program may participate, and the department, agency, commission or public agency [which] that employs the officer or employee shall pay the states share of the cost of the premiums or contributions for the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.
κ1993 Statutes of Nevada, Page 1156 (CHAPTER 357, AB 19)κ
group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.
2. The department of personnel shall pay a percentage of the base amount provided by law for that fiscal year toward the cost of the premiums or contributions for group insurance for persons retired from the service of the state who have continued to participate. Except as otherwise provided in subsection 3, the percentage to be paid must be calculated as follows:
(a) For those persons who retire before January 1, 1994, 100 percent of the base amount provided by law for that fiscal year.
(b) For those persons who retire on or after January 1, 1994, with at least 5 years of service, 25 percent plus an additional 7.5 percent for each year of service in excess of 5 years to a maximum of 137.5 percent, excluding service purchased pursuant to NRS 286.300, of the base amount provided by law for that fiscal year.
3. If the amount calculated pursuant to subsection 2 exceeds the actual premium of the plan the retired participant selects, the balance must be credited to the self-insurance fund created pursuant to NRS 287.0435.
4. For the purposes of subsection 2:
(a) Credit for service must be calculated in the manner provided by chapter 286 of NRS.
(b) No proration may be made for a partial year of service.
5. The department shall agree through the committee on benefits with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participant and to his dependents who elect to continue coverage under the group insurance after his death.
6. A senator or assemblyman who elects to participate in the states group insurance program shall pay the entire premium or contribution for his insurance.
Sec. 2. For the purposes of subsection 2 of NRS 287.046, the base amount:
1. For the fiscal year 1993-1994 is $119.35.
2. For the fiscal year 1994-1995 is $127.61.
Sec. 3. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1157κ
Senate Bill No. 49 — Senator Smith
CHAPTER 358
AN ACT relating to state financial administration; eliminating the requirement that claims for the payment of salaries of public officers made pursuant to a legislative appropriation or authorization be presented to the state board of examiners; providing that certain money allocated to this state pursuant to a federal program be deemed available for the payment of a claim from the state treasury before the money is deposited in the state treasury; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.090 is hereby amended to read as follows:
353.090 1. [Every] Except for claims for the payment of the salaries of public officers, every claim for payment from the state treasury pursuant to an appropriation or authorization by the legislature [shall] must be presented to the state board of examiners for a determination of its correctness and the availability of [funds] money within the appropriation or authorization for its payment.
2. Any money which:
(a) Is allocated to this state pursuant to a federal program in the form of a letter of credit or its equivalent;
(b) Is authorized for expenditure by the legislature;
(c) Has not been deposited in the state treasury; and
(d) Is immediately available to this state through an automated federal payment management system,
shall be deemed to be available for a claim for payment from the state treasury.
3. The state controller shall not allow or draw his warrant for any claim of the class described in this section which has not been approved by the state board of examiners, or for a greater amount than allowed by the board, except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1158κ
Senate Bill No. 184 — Senator Rawson
CHAPTER 359
AN ACT relating to registered nurses; permitting a physician to authorize a registered nurse to make a pronouncement of death under certain circumstances; authorizing a registered nurse who has made such a pronouncement to release the dead body to a funeral director pending the completion of the certificate of death under certain circumstances; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:
A registered nurse who is authorized by a physician pursuant to section 2 of this act may make a pronouncement of death.
Sec. 2. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A physician who anticipates the death of a patient because of an illness, infirmity or disease may authorize a specific registered nurse or the registered nurses employed by a medical facility to make a pronouncement of death if they attend the death of the patient.
2. Such an authorization is valid for 120 days. Except as otherwise provided in subsection 3, the authorization must:
(a) Be a written order entered on the chart of the patient;
(b) State the name of the registered nurse or nurses authorized to make the pronouncement of death; and
(c) Be signed and dated by the physician.
3. If the patient is in a medical facility, the physician may authorize the registered nurses employed by the facility to make pronouncements of death without specifying the name of each nurse.
4. If a pronouncement of death is made by a registered nurse, the physician who authorized that action shall sign the medical certificate of death within 24 hours after being presented with the certificate.
5. If a patient in a medical facility is pronounced dead by a registered nurse employed by the facility, the registered nurse may release the body of the patient to a licensed funeral director pending the completion of the medical certificate of death by the attending physician if the physician or the medical director or chief of the medical staff of the facility has authorized the release in writing.
6. The board may adopt regulations concerning the authorization of a registered nurse to make pronouncements of death.
7. As used in this section:
(a) Medical facility means:
(1) A facility for skilled nursing as defined in NRS 449.0039;
(2) A freestanding facility for hospice care as defined in NRS 449.006;
(3) A hospital as defined in NRS 449.012;
(4) An agency to provide nursing in the home as defined in NRS 449.0015; or
κ1993 Statutes of Nevada, Page 1159 (CHAPTER 359, SB 184)κ
(5) A facility for intermediate care as defined in NRS 449.0038.
(b) Pronouncement of death means a declaration of the time and date when the cessation of the cardiovascular and respiratory functions of a patient occurs as recorded in the patients medical record by the attending provider of health care in accordance with the provisions of chapter 440 of NRS.
Sec. 3. NRS 440.100 is hereby amended to read as follows:
440.100 All physicians, registered nurses, midwives, informants or funeral directors, and all other persons having knowledge of the facts, shall furnish such information as they may possess regarding any birth or death upon demand of the state registrar, in person, by mail, or through the local health officer.
________
Assembly Bill No. 196 — Committee on Judiciary
CHAPTER 360
AN ACT relating to gaming; authorizing the operation of charitable bingo by qualified organizations; providing for its regulation; and providing other matters properly relating thereto.
[Approved July 1, 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 the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Calendar quarter means a period of 3 consecutive months commencing on the first day of January, April, July or October in any year.
Sec. 4. Charitable or nonprofit activity means an activity in support of the arts, amateur athletics, peace officers or health or social services, or conducted for any benevolent, civil, educational, eleemosynary, fraternal, humanitarian, patriotic, political or religious purpose, including the operation of a qualified organization.
Sec. 5. Net proceeds means the total amount of money collected from charitable bingo games, less the total amount of money expended for prizes, supplies, advertising, promotion, printing, administration and other direct expenses necessary to operate charitable bingo.
Sec. 6. Qualified organization means a bona fide charitable, civic, educational, fraternal, patriotic, political, religious or veterans organization that is not operated for profit.
Sec. 7. 1. The board and commission shall administer the provisions of sections 2 and 13, inclusive, of this act for the protection of the public and in the public interest in accordance with the policy of this state.
κ1993 Statutes of Nevada, Page 1160 (CHAPTER 360, AB 196)κ
2. The commission, upon the recommendation of the board, may adopt such regulations as it deems desirable to enforce the provisions of sections 2 to 13, inclusive, of this act pursuant to the procedure set forth in NRS 463.145.
Sec. 8. A qualified organization may operate a charitable bingo game without obtaining a license pursuant to NRS 463.160 if:
1. The organization is approved by the executive director and the total value of all the prizes offered in charitable bingo games operated by the organization during the same calendar year does not exceed $500,000;
2. The organization registers with the executive director and the total value of all the prizes offered in charitable bingo games operated by the organization during the same calendar year does not exceed $50,000; or
3. The total value of the prizes offered in the charitable bingo games does not exceed $2,500 per calendar quarter.
Sec. 9. 1. The executive director shall:
(a) Register a qualified organization that complies with the requirements of section 10 of this act.
(b) Approve a qualified organization if:
(1) The organization complies with the requirements of section 10 of this act; and
(2) The executive director determines that the approval of the organization would not be contrary to the public interest.
(c) Provide a qualified organization, within 60 days after its submission of an application pursuant to section 10 of this act, with written notification of the basis for any refusal by the executive director to register or approve the qualified organization pursuant to this section.
2. The registration or approval of a qualified organization is a revocable privilege. No person has any right to be registered or approved by the executive director or acquires any vested right upon being registered or approved by the executive director.
3. Upon earlier revoked, the registration or approval of a qualified organization is valid for the calendar year and expires on December 31.
Sec. 10. 1. To register with or request the approval of the executive director, a qualified organization must submit to him:
(a) A written application containing:
(1) The name, address and nature of the organization.
(2) Proof that the organization is a qualified organization.
(3) The names of the officers or principals of the organization, and of any person responsible for the management, administration or supervision of the organizations charitable bingo games and any activities related to those bingo games.
(4) A description of all the prizes to be offered in charitable bingo games operated by the organization during the calendar year to which the application pertains and, if the approval of the executive director is required, a summary of the anticipated expenses of conducting those bingo games, including copies of any proposed agreements between the organization and any suppliers of material for the operation of those bingo games.
κ1993 Statutes of Nevada, Page 1161 (CHAPTER 360, AB 196)κ
(5) A description of the intended use of the net proceeds of charitable bingo games operated by the organization during the calendar year to which the application pertains.
(6) The address of the location where charitable bingo games will be conducted by the organization during the calendar year to which the application pertains.
(7) A statement that charitable bingo games will be conducted in accordance with standards of honesty and integrity applicable to licensed bingo games in this state.
(8) Any other information the executive director deems appropriate.
(b) A nonrefundable fee of:
(1) For registration, $10; or
(2) For a request for approval, $25.
(c) If the qualified organization requests approval of the executive director, it must submit the fingerprints of its officers, principals and persons responsible for management of the bingo games, on forms approved by the executive director and must reimburse the board for its costs incurred in submitting the fingerprints for review.
2. A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete. The approval of a qualified organization is suspended during the period that any of the information is inaccurate or incomplete. The executive director may reinstate the approval of the organization only after all information has been corrected and completed.
3. The money collected pursuant to this section must be expended to administer and enforce the provisions of sections 2 to 13, inclusive, of this act.
Sec. 11. 1. The commission may, upon recommendation of the board, require:
(a) A qualified organization that registers with or requests the approval of the executive director to file an application pursuant to this chapter for a finding of suitability to operate charitable bingo in this state.
(b) Any person who is employed by, a member of, a supplier of or otherwise associated with such an organization to file an application pursuant to this chapter for a finding of suitability to be associated with the operation of charitable bingo in this state.
2. The commission may revoke the registration or approval of a qualified organization if:
(a) An application for a finding of suitability is not submitted to the board within 30 days after the qualified organization receives written notice that it is required pursuant to paragraph (a) of subsection 1 to file an application for a finding of suitability.
(b) The qualified organization is found unsuitable to operate charitable bingo in this state.
(c) A complete application for a finding of suitability is not submitted to the board or the association of the person with the organization is not terminated, within 30 days after the qualified organization receives written notice that an associated person is required pursuant to paragraph (b) of subsection 1 to file an application for a finding of suitability.
κ1993 Statutes of Nevada, Page 1162 (CHAPTER 360, AB 196)κ
associated person is required pursuant to paragraph (b) of subsection 1 to file an application for a finding of suitability.
(d) The associated person is found unsuitable to be associated with the operation of charitable bingo in this state and the qualified organization does not terminate its association with that person within 30 days after receiving written notice of the finding of unsuitability. Every contract or agreement for personal services to a qualified organization or for the conduct of any activity relating to the operation of charitable bingo shall be deemed to include a provision for its termination without liability on the part of the qualified organization upon a finding by the commission that the person is unsuitable to be associated with a qualified organization. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
Sec. 12. A qualified organization shall not:
1. Compensate any person for the provision of prizes and supplies used in the operation of charitable bingo in an amount that exceeds the fair market value of the prizes and supplies necessary for the operation of charitable bingo.
2. Provide:
(a) Any compensation to a person who is not a regular employee of the organization; and
(b) Any additional compensation to a person who is a regular employee of the organization,
for his services in organization or operating charitable bingo or assisting in the organization or operation of charitable bingo. This subsection does not prohibit a qualified organization from compensating a person for the fair market value of services that are ancillary to the organization or operation of charitable bingo.
Sec. 13. 1. A qualified organization shall expend the net proceeds of charitable bingo only for the benefit of charitable or nonprofit activities in this state.
2. On or before February 1 of each year, a qualified organization approved by the executive director shall, submit to the executive director a financial report on its charitable bingo activities for the preceding calendar year. The financial report must include a statement of:
(a) The expenses incurred in the operation of charitable bingo games; and
(b) The amount and use of the net proceeds of charitable bingo games.
Sec. 14. NRS 463.409 is hereby amended to read as follows:
463.409 [The] Except as otherwise provided in sections 2 through 13, inclusive, of this act, the board may approve the operation of a game or games by a charitable or educational organization subject to such conditions and limitations as the board may impose, but no such approval shall be given by the board for the operation of a game or games for more than one event or function conducted or sponsored by one charitable or educational organization during any 1 calendar quarter . [calendar year.]
________
κ1993 Statutes of Nevada, Page 1163κ
Assembly Bill No. 204 — Assemblyman Wendell Williams
CHAPTER 361
AN ACT relating to claims sounding in tort against governments; requiring the reporting of those claims as a public record; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before January 10 of each year, for the preceding calendar year, each agency represented by the attorney general shall submit to the attorney general a summary of all claims made against the agency for tortious conduct. On or before February 1 of each year, the attorney general shall compile the summaries submitted pursuant to this subsection and file the compilation with the secretary of state. The compilation is a public record open to inspection.
2. On or before February 1 of each year, for the preceding calendar year, the district attorney, city attorney or other attorney on behalf of each local government shall compile and file with the clerk of its governing body a summary of all claims made against that government for tortious conduct. The summary is a public record open to inspection
3. The claims summarized pursuant to this section must be arranged by category of wrong alleged, such as battery, false arrest, negligent injury, wrongful death, and the like, and divided by status into:
(a) Claims paid;
(b) Judgments entered but unpaid; and
(c) Claims pending.
A total must be shown for each status in each category, and a total overall for each status and each category.
4. For each claim must be shown:
(a) The name of the claimant;
(b) The amount paid, reduced to judgment, or claimed, as the case may be, including fees and costs determined; and
(c) The type of wrong alleged.
5. A court order sealing the record of a proceeding does not prevent the disclosure of the information required by this section, or excuse the attorney for the state or local government from providing that information.
________
κ1993 Statutes of Nevada, Page 1164κ
Senate Bill No. 243 — Committee on Judiciary
CHAPTER 362
AN ACT relating to gaming; revising the membership of the gaming policy committee; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.021 is hereby amended to read as follows:
463.021 1. The gaming policy committee, consisting of the governor as chairman and [eight] 10 members, is hereby created.
2. The committee [shall consist] must be composed of:
(a) One member of the commission, designated by the commission;
(b) One member of the board, designated by the board; [and
(c) Six]
(c) One member of the senate appointed by the legislative commission;
(d) One member of the assembly appointed by the legislative commission;
(e) One enrolled member of a Nevada Indian tribe appointed by the Inter-Tribal Council of Nevada, Inc.; and
(f) Five members appointed by the governor for terms of 2 years as follows:
(1) [One member of the senate;
(2) One member of the assembly;
(3)] Two representatives of the general public; [and
(4)] (2) Two representatives of nonrestricted gaming licensees [.] ; and
(3) One representative of restricted gaming licensees.
3. Members who are [representatives of the general public] appointed by the governor serve at the pleasure of the governor.
4. Members who are legislators serve terms beginning when the legislature convenes and continuing until the next regular session of the legislature is convened.
5. [Members who are representatives of gaming licensees shall be appointed as follows:
(a) One member, who is a resident of Clark or Lincoln County, from among persons nominated by recognized gaming associations and groups located in those counties; and
(b) One member, residing elsewhere in the state, from among persons nominated by recognized gaming associations and groups located elsewhere in the state.
6.] The governor may [, from time to time,] call meetings of the gaming policy committee for the exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the committee [shall be deemed] are advisory and not binding on the board or the commission in the performance of their duties and functions.
________
κ1993 Statutes of Nevada, Page 1165κ
Assembly Bill No. 233 — Committee on Judiciary
CHAPTER 363
AN ACT relating to gaming; clarifying provisions regarding the applicability of the casino entertainment tax; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a casino entertainment tax equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as provided in subsection 2, upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music alone or music by musicians who move constantly through the audience whether the music is vocal or instrumental or both, is provided to the patrons in connection with the serving or selling of food or refreshments, or the selling of any merchandise. Amounts paid for gratuities directly or indirectly remitted to employees of the licensee or for service charges collected and retained by persons other than the licensee are not taxable pursuant to this section.
2. A licensed gaming establishment is not subject to tax pursuant to this section if:
(a) The establishment is licensed for less than 51 slot machines, less than six games, or any combination of slot machines and games within those respective limits;
(b) The entertainment is a charitable or nonprofit benefit, an exhibition in a museum, a sporting event, a trade show, a motion picture film, an outdoor concert or similar to any of these; [or]
(c) The entertainment is presented in a facility that would not have been subject to taxation pursuant to 26 U.S.C. § 4231(6) as that provision existed in 1965; or
(d) In other cases, if:
(1) No distilled spirits, wine or beer is served or permitted to be consumed;
(2) Only light refreshments are served;
(3) Where space is provided for dancing, no charge is made for dancing; and
(4) Where music is provided or permitted, the music is:
(I) Provided without any charge to the owner, lessee or operator of the establishment or to any concessionaire;
(II) Mechanical or instrumental music alone; or
(III) Provided only by musicians who move constantly through the audience, whether the music is vocal or instrumental, or both.
3. The tax imposed by this section must be paid by the licensee of the establishment.
κ1993 Statutes of Nevada, Page 1166 (CHAPTER 363, AB 233)κ
Sec. 2. The amendatory provisions of section 1 of this act are intended to clarify the original intent of the legislature when it adopted section 2 of chapter 525 of Statutes of Nevada 1965, now codified as NRS 463.401, and to clarify the intent of the legislature when it adopted section 2 of chapter 664 of Statutes of Nevada 1979, to amend NRS 463.401.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 247 — Committee on Government Affairs
CHAPTER 364
AN ACT relating to administrative procedure; requiring the state welfare board to provide written notice before adopting, amending or repealing a regulation; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the welfare division is responsible, the board shall give at least 30 days notice of its intended action.
2. The notice of intent to act upon a regulation must:
(a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.
(b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.
(c) State each address at which the text of the proposed regulation may be inspected and copied.
(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the board for that purpose.
3. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The board shall consider fully all oral and written submissions relating to the proposed regulation.
4. The board shall keep, retain and make available for public inspection written minutes of each public hearing held pursuant to this section in the manner provided in subsections 1 and 2 of NRS 241.035.
5. The board may record each public hearing held pursuant to this section and make those recordings available for public inspection in the manner provided in subsection 4 of NRS 241.035.
κ1993 Statutes of Nevada, Page 1167 (CHAPTER 364, AB 247)κ
6. No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.
________
Assembly Bill No. 305 — Assemblymen Dini, Marvel, Carpenter, Hettrick and de Braga
CHAPTER 365
AN ACT relating to irrigation districts; authorizing the levy of property tax to pay the costs of protecting the supply and distribution of the water of an irrigation district; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 539.636 is hereby amended to read as follows:
539.636 In addition to the other means of providing revenue for districts as provided in this chapter, the board of directors [shall have power and authority] under certain circumstances as set forth in NRS 539.636 to 539.6366, inclusive, or as may be otherwise provided by law, [to] may levy and collect general (ad valorem) taxes on [and against] all taxable property within the district for the purpose of additionally securing the payment of any bonds issued under the provisions of this chapter [.] and for the purpose of paying attorneys fees and other costs directly related to protecting the supply and distribution of water.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 328 — Committee on Judiciary
CHAPTER 366
AN ACT relating to the judiciary; providing that the number of years of judicial service required for a justice of the supreme court or a district judge to qualify for a pension benefit be the same as for a member of the public employees retirement system; reducing proportionately the amount of the pension to be received by a justice of the supreme court or a district judge upon initial vesting of his pension; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
κ1993 Statutes of Nevada, Page 1168 (CHAPTER 366, AB 328)κ
periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating [10] 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [one-fourth] 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond [10] 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
7. Any justice who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his service pursuant to it.
Sec. 2. NRS 2.065 is hereby amended to read as follows:
2.065 1. A justice of the supreme court who has served as a justice or as a district judge in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of his office may retire from office regardless of age.
κ1993 Statutes of Nevada, Page 1169 (CHAPTER 366, AB 328)κ
2. Any justice who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or mental or physical disability pursuant to section 21 of article 6 of the constitution of the State of Nevada is entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, the same pension he would receive under NRS 2.060 based on his years of service, but without regard to his age . [ , except that if he has served 5 years or more, but less than the minimum number of years which would qualify him to receive a pension under NRS 2.060, he is entitled to receive an amount equal to the minimum pension payable under NRS 2.060.]
3. Any justice, or his guardian on his behalf if he is unable to act, who desires to retire voluntarily must give notice in writing to the governor. The governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the justice and report the results to the governor in writing. If a majority of the physicians is of the opinion that the justice is permanently incapacitated, physically or mentally, the governor shall approve the retirement. The justice or his guardian must file with the state controller and state treasurer an affidavit setting forth the fact of his retirement and the years he has served in either or both of such courts.
4. Pensions payable pursuant to this section must be paid in the same manner as pensions are payable under NRS 2.060. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any justice who may have retired or been retired pursuant to its provisions.
Sec. 3. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to three-fourths the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating [10] 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to [one-fourth] 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond [10] 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
κ1993 Statutes of Nevada, Page 1170 (CHAPTER 366, AB 328)κ
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
7. Any judge of the district court who desires to receive the benefits of this section must file with the state controller and the state treasurer an affidavit setting forth the fact that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of money provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have ended his service pursuant to it.
Sec. 4. NRS 3.092 is hereby amended to read as follows:
3.092 1. A district judge who has served as a district judge or as a justice of the supreme court in any one or more courts for a period or periods aggregating 5 years or more and who becomes permanently incapacitated, physically or mentally, to perform the duties of his office may retire from office regardless of age.
2. Any district judge who retires pursuant to the provisions of subsection 1 or who is retired because of advanced age or physical or mental disability pursuant to section 21 of article 6 of the constitution of the State of Nevada is entitled to receive annually from the State of Nevada, a pension for the remainder of his life, the same pension he would receive under NRS 3.090 based on his years of service but without regard to his age . [, except that if he has served 5 years of more, but less than the minimum number of years which would qualify him to receive a pension under NRS 3.090, he is entitled to receive an amount equal to the minimum pension payable under NRS 3.090.]
3. Any judge, or his guardian on his behalf if he is unable to act, who desires to retire voluntarily must give notice in writing to the governor. The governor shall appoint three physicians licensed to practice medicine in the State of Nevada to examine the judge and report the results to the governor in writing. If a majority of the physicians is of the opinion that the judge is permanently incapacitated, physically or mentally, the governor shall approve the retirement. The judge or his guardian must file with the state controller and the state treasurer an affidavit setting forth the fact of his retirement and the years he has served in either or both of such courts.
κ1993 Statutes of Nevada, Page 1171 (CHAPTER 366, AB 328)κ
4. Pensions payable pursuant to this section must be paid in the same manner as pensions payable under NRS 3.090. Fees and expenses of physicians appointed pursuant to this section must be paid out of funds provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section will not be repealed or amended so as to affect adversely any judge who may have retired or been retired pursuant to its provisions.
________
Assembly Bill No. 334 — Committee on Commerce
CHAPTER 367
AN ACT relating to mobile home parks; prohibiting willful harassment of a tenant of a mobile home park by a landlord; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 118B.210 is hereby amended to read as follows:
118B.210 1. The landlord shall not terminate a tenancy, refuse to renew a tenancy, [willfully harass a tenant,] increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:
[1.] (a) He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.
[2.] (b) He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and NRS 118B.240.
[3.] (c) He has organized or become a member of a tenants league or similar organization.
[4.] (d) He has requested the reduction in rent required by:
[(a)] (1) NRS 118.165 as a result of a reduction in property taxes.
[(b)] (2) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.
[5.] (e) A citation has been issued to the landlord as the result of a complaint of the tenant.
[6.] (f) In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.
2. A landlord shall not willfully harass a tenant.
3. As used in this section, harass means to threaten or intimidate, through words or conduct, with the intent to affect the terms or conditions of a tenancy or the tenants exercise of his rights pursuant to this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1993 Statutes of Nevada, Page 1172κ
Assembly Bill No. 411 — Committee on Government Affairs
CHAPTER 368
AN ACT relating to municipal government; authorizing the creation of pedestrian malls in certain larger cities; providing the powers and duties of governing bodies and other entities upon the creation of a pedestrian mall; providing mechanisms to raise money for the annual cost of operating, managing, maintaining and improving a pedestrian mall; and providing other matters properly relating thereto.
[Approved July 1, 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 15, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. Increases in the population and usage of motor vehicles in the areas of densest population in this state have created conditions of traffic congestion in business districts that:
(a) Constitute a hazard to the safety of pedestrians and impede the movement of police and fire equipment, ambulances and other emergency vehicles;
(b) Indicate a need to widen streets that currently have both sidewalks to accommodate pedestrians and lanes for motor vehicles extending from the buildings on one side of the street to the buildings on the other side of the street leaving no space available for expansion of the area for pedestrians or motor vehicles; and
(c) Warrant the closure of certain streets and other thoroughfares to private vehicles.
2. There has been a progressive decline in the economic growth and vitality of businesses located in the business districts in the areas of densest population in this state that:
(a) Is attributable to the decrease in tourists and other visitors to these business districts;
(b) Necessitates special efforts to promote economic growth and revitalization of these economically depressed business districts to create new jobs and maintain existing employment opportunities, attract new businesses, tourists and visitors to these districts and to prevent further decline by restoring the economic growth and vitality of these business districts; and
(c) Makes it of particular local benefit to allow municipalities experiencing such economic decline to create pedestrian malls and, if necessary, to raise money for the annual costs of operating, managing, maintaining or improving them through the levy of assessments upon the property or the imposition of fees on the businesses which benefit from the return of tourists and other visitors to the area resulting from the pedestrian mall.
3. It is in the best interests of the state to encourage municipalities to create pedestrian malls to enhance and improve their local business climates and that selecting and contracting with a private entity for the acquisition, construction, improvement, operation, management or maintenance of pedestrian malls, or any combination thereof, may also be in the best interests of the public.
κ1993 Statutes of Nevada, Page 1173 (CHAPTER 368, AB 411)κ
4. It is the public policy of the State of Nevada to permit the governing body of any densely populated municipality to protect the public welfare and health and the interests of the public in the safe and effective movement of persons and to preserve and enhance the function and appearance of the business districts of municipalities and to promote the economic growth and revitalization thereof by the adoption of the ordinances authorized by this act.
Sec. 3. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires:
1. Governing body means the governing body of a city whose population is 200,000 or more.
2. Operating entity means a public operating entity of a pedestrian mall or a private operating entity with whom a governing body has contracted for the acquisition, construction, improvement, operation, management or maintenance of a pedestrian mall, or any combination thereof.
3. Pedestrian mall means an area including portions of one or more streets or alleys that has been set aside for use primarily by pedestrians and to which access by motor vehicles is prohibited or restricted. The term includes all improvements and appurtenances thereto that are designed to be used primarily for the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians.
4. Redevelopment agency means a governmental entity created pursuant to NRS 279.382 to 279.680, inclusive, or a legislative body which has elected to exercise the powers granted to an agency under NRS 279.382 to 279.680, inclusive.
Sec. 4. 1. The governing body of an incorporated city whose population is 200,000 or more may by ordinance create a pedestrian mall.
2. Before adopting an ordinance creating a pedestrian mall, the governing body must find that it would be in the best interests of the city and beneficial to the owners of adjacent property to use the street or streets or other thoroughfare or thoroughfares primarily for pedestrians.
3. The ordinance must establish the boundaries of the pedestrian mall and the governing body may change the boundaries by ordinance. The area included within a pedestrian mall may be contiguous or noncontiguous.
4. In addition to other requirements for the consideration and adoption of an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating a pedestrian mall, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the pedestrian mall. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to any pedestrian mall may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals.
5. Unless otherwise provided by the governing body in the ordinance, all property of the city that is used in conjunction with or as a part of the pedestrian mall remains property of the city and must not be considered vacated for any purpose.
κ1993 Statutes of Nevada, Page 1174 (CHAPTER 368, AB 411)κ
Sec. 5. An ordinance creating a pedestrian mall may include any provision which is necessary or appropriate to carry out the provisions of sections 2 to 15, inclusive, of this act, including, without limitation:
1. A prohibition on the use by motor vehicles of the portion of each street or other thoroughfare necessary for the pedestrian mall.
2. Exceptions to such a prohibition for use by emergency, maintenance, utility, mass transit and other necessary vehicles.
3. Provisions for issuing permits to the owners or occupants of property that abuts the pedestrian mall for use of a closed street or thoroughfare for deliveries at such times as are deemed appropriate.
4. Provisions imposing a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall.
5. Provisions for the use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith.
Sec. 6. 1. Upon the adoption of an ordinance creating a pedestrian mall, the governing body shall:
(a) Appoint an advisory board for the pedestrian mall consisting of at least seven persons, a majority of whom are owners or occupants of property abutting the pedestrian mall, to advise the governing body in connection with the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof;
(b) Assign the responsibility for the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof, to an existing part of city government, a redevelopment agency or a public operating entity created by the governing body for this purpose; or
(c) Select and contract with a private operating entity for the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall, or any combination thereof. Such a contract or contracts must be treated as professional services contracts and are not subject to the limitations of subsection 1 of NRS 354.626. The term of any such contract or contracts may extend beyond the terms of office of the members of the governing body.
2. The governing body may include in the ordinance creating the pedestrian mall a provision for any combination of the options set forth in subsection 1.
3. A redevelopment agency or part of city government to which responsibilities are assigned pursuant to paragraph (b) of subsection 1 is a public operating entity for the purposes of sections 2 to 15, inclusive, of this act, unless the context otherwise requires.
4. If the ordinance creating a public operating entity for the purposes of paragraph (b) of subsection 1 does not provide that the entity is a public entity separate from the city government, the entity is a part of the city government for all purposes, including, without limitation, its employees are employees of the city government for all purposes.
5. Notwithstanding any other provision of NRS, a private operating entity is not a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi public corporation for any purpose.
κ1993 Statutes of Nevada, Page 1175 (CHAPTER 368, AB 411)κ
agency or entity, establishment of the government, public corporation or quasi public corporation for any purpose.
Sec. 7. 1. A pedestrian mall is exempt from any provision of law providing standards or specifications for the composition, construction, layout, size and any other component of sidewalks, streets or other thoroughfares and any regulations adopted pursuant thereto.
2. The governing body may include in an ordinance creating a pedestrian mall or otherwise adopt design or architectural standards, safety standards and other provisions for the regulation of the area included in a pedestrian mall that are different than those adopted for other areas of the city.
Sec. 8. 1. A governing body may acquire property for a pedestrian mall by eminent domain pursuant to the provisions of chapter 37 of NRS.
2. For the purposes of chapters 37 and 244A of NRS, the acquisition, construction, improvement, operation, management and maintenance of a pedestrian mall are hereby declared to be public purposes.
3. For the purposes of chapter 244A of NRS, a pedestrian mall shall be deemed to be a recreational facility.
Sec. 9. 1. A pedestrian mall may be used for any purpose that will enhance the movement, safety, convenience, enjoyment, entertainment, recreation or relaxation of pedestrians, and other purposes necessary or appropriate to carry out the provisions of sections 2 to 15, inclusive, of this act, including, without limitation, seating, merchandising, exhibiting, advertising and any other use, activity or special event which in the judgment of the governing body or operating entity will accomplish any of those purposes.
2. The governing body may control or regulate or authorize the control or regulation of:
(a) The distribution and location of movable furniture, sculpture, devices to control pedestrian traffic, landscaping and other facilities that are incidental to the pedestrian mall;
(b) The uses to be permitted or restricted on the pedestrian mall by occupants of abutting property, any transit or telephone utility, concessionaires, vendors, newspaper vending machines and others to serve the convenience and enjoyment of pedestrians and the location of such uses;
(c) The raising of revenue through the imposition of a fee for the use of all or a portion of the pedestrian mall for special events or activities to offset the cost of operating and maintaining the pedestrian mall;
(d) The use of the pedestrian mall for advertising purposes and the charging of a fee in connection therewith;
(e) The operation of any lighting, heating or other facilities in the pedestrian mall;
(f) The replacement of any landscaping and maintenance of the furniture and facilities in the pedestrian mall;
(g) The access to the pedestrian mall by the public and closure of the pedestrian mall to the public for purposes of special events or activities for limited periods of time;
(h) The use of the pedestrian mall for parades and other similar activities; and
(i) Other activities, actions or conduct to promote the best interests of the public and carry out the provisions of sections 2 to 15, inclusive, of this act.
κ1993 Statutes of Nevada, Page 1176 (CHAPTER 368, AB 411)κ
Sec. 10. In addition to any other powers, the operating entity may:
1. Unless otherwise limited by ordinance or by an agreement with the governing body:
(a) Adopt rules for the management of its affairs and the performance of its functions and duties;
(b) Employ such persons as may be required to carry out its duties and fix and pay their compensation from the money available to pay the expenses of the entity;
(c) Apply for or otherwise solicit, accept, administer and comply with any requirements of any appropriations of money or any gifts, grants or donations of property or money;
(d) Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the operating entity, including contracts with any person, firm, corporation, governmental agency or other entity, except that before any such agreement may bind the city in any way, the governing body must specifically approve the agreement;
(e) Administer and manage its own money and pay its own obligations;
(f) Enforce the conditions of any loan, grant, sale or lease made by the entity;
(g) Publicize the pedestrian mall and the businesses that are located within the pedestrian mall; and
(h) Recruit new businesses to fill vacancies and balance the combination of types of businesses in and around the pedestrian mall.
2. If specifically approved by the governing body:
(a) Fund or assist in the funding of the costs of improving the exterior appearance of property that abuts the pedestrian mall through grants or loans made to the owner or occupant of the property;
(b) Fund the rehabilitation of property that abuts the pedestrian mall;
(c) Accept, purchase, rehabilitate, sell, lease or manage any property that abuts the pedestrian mall, with the consent of the owner;
(d) Provide security, sanitation and other services for the property that abuts the pedestrian mall that are in addition to the services ordinarily provided by the city; and
(e) Acquire, construct or otherwise provide improvements that are designed to increase the safety or attractiveness of the pedestrian mall to businesses which may wish to locate there or to visitors to the mall, including, without limitation, cleanup and control of litter, landscaping, parking areas and facilities, recreational and rest areas and facilities pursuant to any applicable regulations of the governing body.
Sec. 11. 1. Notwithstanding any rule, regulation, common law doctrine or principle of law to the contrary, the movable furniture, structures, facilities and appurtenances or activities in conjunction with or located or permitted in the pedestrian mall may not be found to be a trespass or nuisance or an unlawful obstruction or condition.
2. The city, the governing body, an operating entity and any person acting pursuant to a permit issued by the city or the operating entity in conjunction with the acquisition, construction, improvement, operation, management or maintenance of the pedestrian mall are not liable for any injury to a person or to property arising out of the location or use of any such movable furniture, structures, facilities and appurtenances or activities located or permitted in the pedestrian mall, in the absence of gross negligence in the placement, maintenance or operation of any such furniture, structure, facility or appurtenance or activity.
κ1993 Statutes of Nevada, Page 1177 (CHAPTER 368, AB 411)κ
structures, facilities and appurtenances or activities located or permitted in the pedestrian mall, in the absence of gross negligence in the placement, maintenance or operation of any such furniture, structure, facility or appurtenance or activity.
Sec. 12. If the governing body determines that it is necessary to raise money for the annual cost of operating, managing, maintaining or improving the pedestrian mall:
1. The governing body shall adopt an ordinance creating a district. In addition to other requirements for the consideration and adoption of such an ordinance, at least 10 days before the date fixed for a public hearing on the adoption of the ordinance creating the district, a notice of the date, time and place of the hearing and a copy of the proposed ordinance, or notification that a copy is available in the office of the city clerk, must be mailed to the owners of record of the property included within the proposed boundaries of the district. The names and addresses of the owners may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to the district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. If the governing body intends to impose fees pursuant to section 13 of this act, it shall also deliver a copy of the notice required by this subsection to each holder of a business license, as shown in the records of the city, for a business located within the boundaries of the proposed district. If such notice is not delivered, the governing body shall not impose a fee pursuant to section 13 of this act. The ordinance must establish the boundaries of the district and the governing body may change the boundaries by ordinance. The area included within a district may be:
(a) Coterminous or noncoterminous with the boundaries of the pedestrian mall established pursuant to subsection 3 of section 4 of this act; and
(b) Contiguous or noncontiguous,
but must not include any area which is located more than 4 blocks from the boundaries of the pedestrian mall.
2. The operating entity shall report to the governing body an estimate of the cost of operating, managing and maintaining and annually improving the pedestrian mall for the ensuing fiscal year and an estimate of changes in the amounts of such costs recommended to or under consideration by the operating entity. The estimates must be reasonably itemized and must include a summary of the categories of cost properly chargeable to:
(a) The general fund of the city, if any; and
(b) The property in the district.
3. Except as otherwise provided in section 13 of this act, each year when the governing body has received and approved or amended the estimate of the costs for the ensuing fiscal year, the governing body shall prepare an assessment roll setting forth separately the amounts to be specifically assessed against the property in the district in proportion to the benefit received by the property from the pedestrian mall. The governing body shall distribute the costs to be assessed in proportion to the benefit received by each property on the basis of the frontage or area of, amount of traffic generated by, the number of rooms contained on the property or any other equitable basis or combination of bases as determined by the governing body.
κ1993 Statutes of Nevada, Page 1178 (CHAPTER 368, AB 411)κ
combination of bases as determined by the governing body. An offset may be allowed for any portion of the annual cost of operating, managing, maintaining or improving the pedestrian mall which an owner of such property has paid directly or through contributions to a private operating entity. A description of the property and the name of the current owner of the property must be included for each property to be assessed. The names and addresses of the owners of such property may be obtained from the records of the county assessor or from such other source or sources as the governing body deems reliable. Any such list of names and addresses appertaining to the district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Upon completion, the assessment roll must be maintained on file in the office of the city clerk and be available for public inspection.
4. The governing body shall meet annually to consider any objections to the amount of the assessments at least 20 days after a notice of hearing has been published once in a newspaper of general circulation in the city and mailed by certified mail to the owners of all assessed property in the district. The notice must set forth the time and place of the meeting and any matters to be discussed and may refer the person to the assessment roll for details. The hearing must be conducted in the manner specified in NRS 271.385, 271.390 and 271.395.
5. After the hearing, the governing body may adopt or change the proposed assessment, but any such changes must not result in an increased assessment for any property from the amount specified or referred to in the notice. When the governing body adopts an assessment roll, the city clerk shall certify a copy and deliver it to the city treasurer for collection in the same manner as provided for the collection of special assessments in chapter 271 of NRS. The assessment, together with any interest, penalties and costs of collection, are a lien against the property that is equal in priority to a lien for general taxes.
6. Money that is apportioned to or collected on behalf of a district must be credited to a special account and may only be used for the purpose for which it was apportioned or collected. Any balance remaining in the account at the end of the fiscal year must be conserved and applied towards the financial requirements of the next ensuing fiscal year.
Sec. 13. 1. Except as otherwise provided in section 12 of this act, in lieu of funding by special assessments as provided in section 12 of this act, the governing body may, by ordinance, require special licenses for businesses that operate in the district created pursuant to section 12 of this act and establish fees for those licenses in such a manner as to distribute equitably the budgeted costs of operating, managing, maintaining and improving the pedestrian mall for the ensuing fiscal year among those businesses. The ordinance may establish reasonable categories of businesses subject to licensing and reasonable exemptions therefrom or abatements of the fees therefor. The amount of the fee for each license must be determined by floor area of licensed business space, sales volume or another reasonable basis or combination of bases as determined by the governing body. An offset may be allowed for any portion of the cost of operating, managing, maintaining or improving the pedestrian mall which a business has paid directly or through contributions to a private operating entity.
κ1993 Statutes of Nevada, Page 1179 (CHAPTER 368, AB 411)κ
improving the pedestrian mall which a business has paid directly or through contributions to a private operating entity.
2. All fees imposed pursuant to subsection 1 must be:
(a) Collected in the same manner as other business license fees are collected pursuant to this chapter; and
(b) Deposited in a separate account for the district.
3. The balance in the account for the district at the end of the fiscal year must be conserved and applied towards the financial requirements of the next ensuing fiscal year.
4. The ordinance requiring the special business license must provide a reasonable appeal procedure for any administrative determination made pursuant to the provisions of this section.
Sec. 14. 1. If the operating entity is a public operating entity created by the governing body for the purposes of paragraph (b) of subsection 1 of section 6 of this act, its budget must be prepared and approved in accordance with chapter 354 of NRS and must be submitted to the governing body for approval.
2. If the operating entity is a private operating entity with which the governing body entered into a contract, all money which will be paid or otherwise transferred to the operating entity by the governing body or a redevelopment agency must be included in the budget of the governing body or redevelopment agency transferring the money which is prepared and approved in accordance with the provisions of chapter 354 of NRS. The governing body may conduct such review of the budget of the private operating entity as the governing body deems appropriate in connection with such a transfer.
Sec. 15. Sections 2 to 15, inclusive, of this act do not prohibit a governing body from including a pedestrian mall within the boundaries of any area, district or zone established pursuant to law which has as one of its purposes the encouragement of the construction of improvements or the rehabilitation of property located within its boundaries or the inducement of private enterprise to locate within those boundaries, whether by the provision of tax credits, exemptions or abatements or by the provision of special public financing arrangements.
Sec. 16. NRS 354.5989 is hereby amended to read as follows:
354.5989 1. A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:
(a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;
(b) Imposed on public utilities for the privilege of doing business pursuant to a franchise; [or]
(c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business [.] ; or
(d) Imposed pursuant to section 13 of this act.
2. The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except those excluded by subsection 1, for the fiscal year ended on June 30, 1991, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year.
κ1993 Statutes of Nevada, Page 1180 (CHAPTER 368, AB 411)κ
excluded by subsection 1, for the fiscal year ended on June 30, 1991, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.
3. A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year. The provisions of this subsection do not apply to a fee imposed pursuant to section 13 of this act.
4. A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable under this section to the Nevada tax commission, which may grant the application only if it finds that:
(a) Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or
(b) The rate of a business license of the local government is substantially below that of other local governments in the state.
5. The provisions of this section apply to any business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.
6. As used in this section, fee for a business license does not include a tax imposed on the revenues from the rental of transient lodging.
Sec. 17. This act becomes effective upon passage and approval.
________
Assembly Bill No. 448 — Assemblymen Evans, Price, Spitler, Petrak, Lambert, Regan, Kenny, Arberry, Marvel, Chowning, Garner, Gregory and de Braga
CHAPTER 369
AN ACT relating to the business tax; revising the provisions governing the exemption from the tax for certain new businesses; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 364A.170 is hereby amended to read as follows:
364A.170 1. A proposed business that qualifies pursuant to the provisions of this section is entitled to an exemption of:
κ1993 Statutes of Nevada, Page 1181 (CHAPTER 369, AB 448)κ
(a) Eighty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the first 4 quarters of its operation;
(b) Sixty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the second 4 quarters of its operation;
(c) Forty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the third 4 quarters of its operation; and
(d) Twenty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the fourth 4 quarters of its operation.
2. A proposed business is entitled to the exemption pursuant to subsection 1 if:
(a) In a county whose population is [100,000] 35,000 or more:
(1) The business will have [200] 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;
(2) Establishing the business will require the business to make a capital investment of [$2,000,000] $1,000,000 in Nevada; and
(3) The exemption is approved by the commission on economic development pursuant to subsection 3.
(b) In a county whose population is less than [100,000:] 35,000:
(1) The business will have [50] 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;
(2) Establishing the business will require the business to make a capital investment of [$500,000] $250,000 in Nevada; and
(3) The exemption is approved by the commission on economic development pursuant to subsection 3.
3. A proposed business must apply to the commission on economic development to obtain the exemption authorized pursuant to this section. The commission shall certify a businesss eligibility for the exemption pursuant to this section if:
(a) The proposed business commits to the requirements of subparagraphs (1) and (2) of paragraph (a) or (b) of subsection 2, whichever is applicable; and
(b) The proposed business is consistent with the commissions plan for economic diversification and development.
Upon certification, the commission shall immediately forward the certificate of eligibility for the exemption to the Nevada tax commission.
4. Upon receipt of such a certificate, the Nevada tax commission shall include the exemption in the calculation of the tax paid by the business. A business for which an exemption is approved that does not:
(a) Have the required number of full-time employees on the payroll of the business by the fourth quarter that it is in operation; or
(b) Make the required capital investment in Nevada in the course of establishing the business,
is required to repay to the department the amount of the exemption that was allowed pursuant to this section before the businesss failure to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. The business is also required to pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the exemption not been granted until the date of payment of the tax.
κ1993 Statutes of Nevada, Page 1182 (CHAPTER 369, AB 448)κ
of the month following the period for which the payment would have been made had the exemption not been granted until the date of payment of the tax.
5. The commission on economic development shall adopt regulations governing [:
(a) The] the determination made pursuant to subsection 3 of a proposed businesss eligibility for the exemption provided in this section . [; and
(b) The criteria for determining pursuant to subsection 4 whether a business has substantially complied with the requirements of this section.]
6. The Nevada tax commission:
(a) Shall adopt regulations governing the investments that qualify for the purposes of the required capital investment pursuant to subparagraph (2) of paragraph (a) or (b) of subsection 2.
(b) May adopt such other regulations as are necessary to carry out the provisions of this section.
Sec. 2. This act becomes effective on July 1, 1993.
________
Assembly Bill No. 482 — Committee on Commerce
CHAPTER 370
AN ACT relating to mobile homes; establishing a procedure whereby certain mobile homes may be converted from real to personal property for the purpose of taxation; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A mobile home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile home:
(a) The owner:
(1) Files with the division an affidavit stating that the sole purpose for converting the mobile home from real to personal property is to effect a transfer of the title to the mobile home;
(2) Files with the division the affidavit of consent to the removal of the mobile home of each person who holds any legal interest in the real property to which the mobile home is affixed; and
(3) Gives written notice to the county assessor of the county in which the real property is situated; and
(b) The county assessor certifies in writing that all taxes for the fiscal year on the mobile home and the real property to which the mobile home is affixed have been paid.
2. The county assessor shall not remove a mobile home from the tax rolls until:
κ1993 Statutes of Nevada, Page 1183 (CHAPTER 370, AB 482)κ
(a) He has received verification that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to personal property; and
(b) An affidavit of conversion of the mobile home from real to personal property has been recorded in the county recorders office of the county in which the real property to which the mobile home was affixed is situated.
3. A mobile home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.
4. The department shall adopt:
(a) Such regulations as are necessary to carry out the provisions of this section; and
(b) A standard form for the affidavits required by this section.
5. Before the owner of a mobile home that has been converted to personal property pursuant to this section may transfer ownership of the mobile home, he must obtain a certificate of ownership from the division.
6. For the purposes of this section, the removal of a mobile home from real property includes the detachment of the mobile home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile home or the foundation.
7. As used in this section:
(a) Division means the manufactured housing division of the department of commerce.
(b) Owner means any person who holds an interest in the mobile home or the real property to which the mobile home is affixed evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recor der of the county in which the mobile home and real property are situated, but does not include the owner or holder of a right of way, easement or subsurface property right appurtenant to the real property.
Sec. 2. NRS 361.035 is hereby amended to read as follows:
361.035 1. Real estate or real property means:
(a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of the state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.
(b) Any mobile home or factory-built housing which meets the requirements of NRS 361.244.
(c) The ownership of, or claim to, or possession of, or right of possession to any lands within this state.
(d) The claim by or the possession of any person, firm, corporation, association or company to any land.
2. The property described in subsection 1 [shall] must be listed under the head of real estate.
3. [When] Except as otherwise provided in section 1 of this act, when an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, [or where such property shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, such property shall] the property must be classified as personal property, and not real estate.
κ1993 Statutes of Nevada, Page 1184 (CHAPTER 370, AB 482)κ
in subsection 1, [or where such property shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, such property shall] the property must be classified as personal property, and not real estate.
4. For the purposes of this chapter, real estate or real property does not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.
Sec. 3. NRS 361.244 is hereby amended to read as follows:
361.244 1. A mobile home is eligible to become real property if the running gear is removed and [:
(a) It] it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the mobile home . [; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the mobile home classified as real property.]
2. A mobile home becomes real property when the assessor of the county in which the mobile home is located has placed it on the tax roll as real property. [That] The assessor shall not place a mobile home on the tax roll until:
(a) He has received verification from the manufactured housing division of the department of commerce that there is no security interest in the mobile home or the holders of security interests have agreed in writing to the conversion of the mobile home to real property;
(b) An affidavit of conversion of the mobile home from personal to real property has been recorded in the county recorders office of the county in which the mobile home is located; and
(c) The dealer or owner has delivered to the division a copy of the recorded affidavit of conversion and all documents relating to the mobile home in its former condition as personal property.
3. A mobile home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.
4. Factory-built housing, as defined in NRS 461.080, constitutes real property if [:
(a) It] it becomes, on or after July 1, 1979, permanently affixed to land which is owned by the owner of the factory-built housing . [; or
(b) It became so affixed before July 1, 1979, and the owner files with the county assessor by May 1, 1980, a statement declaring his desire to have the factory-built housing classified as real property.
4.] 5. For the purposes of this section, land which is owned includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.
Sec. 4. This act becomes effective on July 1, 1993.
________
κ1993 Statutes of Nevada, Page 1185κ
Assembly Bill No. 485 — Committee on Commerce
CHAPTER 371
AN ACT relating to manufactured housing; making various changes regarding their regulation and inspection; establishing an additional ground for the discipline of persons holding certain licenses; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, a city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections within its jurisdiction required by those regulations regarding the installation and tie down of manufactured homes, mobile homes or commercial coaches. Those inspections must be conducted in compliance with the provisions of this chapter and the regulations adopted pursuant to this chapter.
2. If a city or county building department fails to enforce the regulations adopted pursuant to this chapter or make the inspections required by subsection 1, the division shall enforce those regulations and make the inspections in that jurisdiction, and may, at no cost to the local governing body, engage an independent contractor to perform any inspection.
Sec. 3. 1. A local governing body may adopt ordinances and regulations which, except for ordinances and regulations regarding any prerequisites to the classification of a manufactured home or mobile home as real property pursuant to NRS 361.244, are no more stringent than the provisions of this chapter, the regulations adopted pursuant to this chapter and applicable federal statutes and regulations. Compliance with an ordinance or regulation of a local governing body does not excuse any person from compliance with this chapter and the regulations adopted pursuant to this chapter.
2. The provisions of this chapter and the regulations adopted pursuant to this chapter supersede and preempt any ordinance or regulation of a local governing body that is more stringent than those provisions, except for an ordinance or regulation regarding any prerequisites to the classification of a manufactured home or mobile home as real property pursuant to NRS 361.244.
Sec. 4. A local governing body may apply to the administrator for a variance, within the geographical jurisdiction of the local governing body, from any of the regulations adopted pursuant to this chapter. The administrator may, for good cause shown, grant such a variance.
Sec. 5. 1. The division, in cooperation with manufacturers and organizations concerned with manufactured homes and mobile homes, shall conduct one or more training programs each year regarding appropriate methods and techniques for conducting any inspections necessary for the issuance of certificates of installation and labels of installation for manufactured homes and mobile homes.
κ1993 Statutes of Nevada, Page 1186 (CHAPTER 371, AB 485)κ
2. The division shall pay for the expenses of conducting the programs from money in the account for education and recovery relating to manufactured housing.
Sec. 6. No person may issue a certificate of installation or label of installation for a manufactured home or mobile home unless he has successfully completed, within the preceding 12 months, a training program conducted pursuant to section 5 of this act.
Sec. 7. NRS 489.261 is hereby amended to read as follows:
489.261 1. The administrator may adopt regulations pertaining to the construction, installation and use of accessory structures and devices which burn solid fuel and air-conditioning for manufactured homes and mobile homes consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and would prevent enforcement of that act in this state.
2. [Every city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections in their respective jurisdictions required by the regulations pertaining to the setup, tie down and installation of manufactured homes, mobile homes or commercial coaches except as otherwise provided in this subsection. If any city or county building department fails to enforce the regulations or make the inspections required by them, the division shall enforce the regulations and make the inspections in that jurisdiction and may engage an independent contractor to perform any inspection.
3. Local governing bodies may adopt ordinances at least as stringent as the applicable state or federal statutes or regulations.
4.] As used in this section, accessory structure includes awnings, cabanas, carports, porches, skirting or steps established for the use of the occupant of the manufactured home or mobile home and which depends upon the manufactured home or mobile home for some or all of its structural support.
Sec. 8. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action pursuant to NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a deceptive trade practice as that term is defined in NRS 598.410 to 598.414, inclusive.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Failure to comply with the provisions of NRS 489.595.
κ1993 Statutes of Nevada, Page 1187 (CHAPTER 371, AB 485)κ
6. Representing to any lender, guaranteeing agency or other interested party, orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
7. Inducing an applicant to falsify his credit application.
8. Failure to obtain from the holder of any lien or security interest in a manufactured home, mobile home or commercial coach, within 10 days before the closure of a sale of the manufactured home, mobile home or commercial coach, a written acknowledgment that the holder of the lien or security interest has received written notification of the sale.
Sec. 9. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The account for education and recovery relating to manufactured housing is hereby created within the fund for manufactured housing created pursuant to NRS 489.491 to satisfy claims against persons licensed [under] pursuant to this chapter. Any balance in the account over $500,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
(a) For a dealers or manufacturers original license, or an original limited dealers license issued pursuant to NRS 489.281, of $1,000.
(b) For a dealers or manufacturers renewal license, or a renewal limited dealers license issued pursuant to NRS 489.281, of $600.
(c) For an original or renewal license for:
(1) A serviceman, rebuilder or installer, of $150.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
Fees collected pursuant to this section must be deposited in the state treasury for credit to the account.
3. Payments from the account to satisfy claims against persons licensed pursuant to this chapter must be made only upon an appropriate court order.
Sec. 10. NRS 489.597 is hereby amended to read as follows:
489.597 The administrator shall adopt regulations to carry out the provisions of NRS 489.593 and 489.595 [.] , and sections 5 and 6 of this act.
Sec. 11. 1. This section and sections 1 to 5, inclusive, and 7 to 10, inclusive, of this act become effective on October 1, 1993.
2. Section 6 of this act becomes effective on July 1, 1994.
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κ1993 Statutes of Nevada, Page 1188κ
Assembly Bill No. 500 — Committee on Transportation
CHAPTER 372
AN ACT relating to drivers licenses; authorizing the issuance of a fictitious drivers license to a federal agent or an investigator employed by the attorney general for an undercover investigation; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall upon payment of the required fee issue to every qualified applicant a drivers license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensees social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.
2. The department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity , federal agents while engaged in undercover investigations, investigators employed by the attorney general while engaged in undercover investigations and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. [No such license may be issued for use by any federal agent or investigator under any circumstances.] An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division , the director of the appropriate federal agency, the attorney general or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license pursuant to subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.
5. At the time of the issuance of the drivers license, the department shall give the holder the opportunity to indicate on his drivers license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to make an anatomical gift of his body or part of his body.
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κ1993 Statutes of Nevada, Page 1189κ
Senate Bill No. 84 — Committee on Human Resources and Facilities
CHAPTER 373
AN ACT relating to school districts; making any order for the payment of money belonging to a school district void if it is not presented for payment within a certain time after its issuance; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 387.310 is hereby amended to read as follows:
387.310 1. Except as otherwise provided by 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 must be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at a meeting and mailed to any absent member. 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, 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 money belonging to 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 the teacher is included in the directory of teachers supplied to the clerk of the board of trustees pursuant to the provisions of NRS 391.045.
5. An order drawn by a clerk of a board of trustees pursuant to subsection 1 is void if not presented for payment within 1 year after the date of issuance.
6. Any order remaining unpaid after the expiration of 1 year, whether outstanding or uncalled for in the office of the county auditor, must be canceled by the county auditor, who shall immediately notify the county treasurer of the cancellation. The county treas urer shall not pay a warrant presented for payment more than 1 year after the date of issuance of such an order. This subsection does not apply if the board of trustees establishes and administers a separate account pursuant to NRS 354.603.
Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1993.
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κ1993 Statutes of Nevada, Page 1190κ
Senate Bill No. 92 — Senators Rhoads, Jacobsen and McGinness
CHAPTER 374
AN ACT relating to wildlife; authorizing certain game tags issued as compensation for damage caused by deer or antelope to be issued only for damage to private land or improvements thereon; authorizing the issuance of such tags to persons who are lawfully in control of such land; revising the restrictions placed on the use of such tags; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.145 is hereby amended to read as follows:
502.145 1. An owner , lessee or manager of private land in this state may apply to the department for the issuance to him of one or more deer or antelope tags [for resale] as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.
2. An application made pursuant to this section must:
(a) Be made in the form prescribed by the department;
(b) Establish to the satisfaction of the department that the applicant has sustained damage of the kind described in subsection 1; and
(c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.
3. The department shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned , leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant. Not more than 200 tags may be issued annually [statewide] by the department pursuant to this section.
4. [An owner of land who receives a tag pursuant to this section shall not use the tag himself, but may sell it] A tag issued as compensation for damage pursuant to this section:
(a) May be used by the owner, lessee or manager of the private land if he holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon [. The tag may be used by the purchaser only on the land of the owner.] ;
(b) Must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and
(c) May only be used during the open season for the species for which the tag is issued.
5. As a condition of receiving a tag from the department pursuant to this section, an owner , lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person [who has a deer or antelope] or hunting party with a tag for the purpose of hunting on the public land.
6. Insofar as they are consistent with this section, the provisions of this Title and of the regulations adopted by the commission apply to the issuance and use of tags pursuant to this section.
κ1993 Statutes of Nevada, Page 1191 (CHAPTER 374, SB 92)κ
and use of tags pursuant to this section. The commission may adopt any regulations it deems necessary to carry out the provisions of this section.
Sec. 2. NRS 41.510 is hereby amended to read as follows:
41.510 1. Except as otherwise provided in subsection 3, an owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for crossing over to public land, hunting, fishing, trapping, camping, hiking, sightseeing, hang gliding, para-gliding or for any other recreational purposes, or to give warning to any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.
2. Except as otherwise provided in subsection 3, [when] if an owner, lessee or occupant of premises gives permission to another to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities, upon his premises:
(a) He does not thereby extend any assurance that the premises are safe for that purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.
(b) That person does not thereby acquire any property rights in or rights of easement to the premises.
3. This section does not [limit] :
(a) Limit the liability which would otherwise exist for:
[(a)] (1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
[(b)] (2) Injury suffered in any case where permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities, was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof. For the purposes of this [paragraph,] subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner , lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.
[(c)] (3) Injury caused by acts of persons to whom permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
[4. Nothing in this section creates]
(b) Create a duty of care or ground of liability for injury to person or property.
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κ1993 Statutes of Nevada, Page 1192κ
Senate Bill No. 211 — Committee on Commerce and Labor
CHAPTER 375
AN ACT relating to nursing; repealing a provision authorizing the state board of nursing to certify nursing assistants to perform designated acts in medical facilities which provide acute care; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.2854 is hereby repealed.
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Senate Bill No. 248 — Committee on Commerce and Labor
CHAPTER 376
AN ACT relating to optometry; increasing the fees for the issuance and renewal of a license to practice optometry; increasing the amount of the penalty which may be imposed for the failure to renew a license; increasing the amount of the administrative fine which may be imposed for the violation of laws or regulations governing the practice of optometry; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 636.143 is hereby amended to read as follows:
636.143 The board shall establish within the limits prescribed a schedule of fees for the following purposes:
Not less than Not more than
Examination .................................................. [$50] $100............................................................. [$100] $500
Re-examination ............................................ [50] 100............................................................. [100] 500
Issuance of [a license: Actual cost, as set by the board.] each license or duplicate license . 35............................................................. 75
Renewal of [a license: Not less than $50, and not more than $250, as the board determines annually.] each license or duplicate license............ 100............................................................. 500
Issuance of a license for an extended clinical facility [: Not less than $50, and not more than $300, as the board determines.] ........................... 100............................................................. 500
[Issuance of a duplicate license: Actual cost, as set by the board.]
Issuance of a [duplicate] replacement renewal card for a license ................................................ $10............................................................. [$25] $50
κ1993 Statutes of Nevada, Page 1193 (CHAPTER 376, SB 248)κ
Sec. 2. NRS 636.285 is hereby amended to read as follows:
636.285 The board shall establish a penalty for failure to renew a license of not less than [$50] $100 and not more than [$200.] $500.
Sec. 3. NRS 636.420 is hereby amended to read as follows:
636.420 Any person licensed under this chapter who violates any provision of this chapter or any regulation of the board relating to the practice of optometry is liable to the board for an administrative fine of not less than [$250] $100 or more than [$2,000.] $5,000.
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Senate Bill No. 303 — Committee on Natural Resources
CHAPTER 377
AN ACT relating to pesticides; increasing the annual fee for the registration of a pesticide; imposing an additional fee for the registration of a pesticide that is offered for sale before registration; authorizing the executive director of the state department of agriculture to impose administrative fines for certain violations; and providing other matters properly relating thereto.
[Approved July 1, 1993]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive. The maximum fine that may be imposed by the executive director for each violation must not exceed $5,000 per day. All fines collected by the executive director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.
2. The executive director may:
(a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the board suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive.
Sec. 2. NRS 586.270 is hereby amended to read as follows:
586.270 [The]
1. A registrant shall pay an annual registration fee in an amount fixed by the executive director not to exceed [$25] $50 for each pesticide registered.
2. The executive director shall deposit in a separate account not more than $25 of each annual registration fee he collects. The money deposited in the account must be used only for the disposal of pesticides. The executive director shall fix, by regulation, the amount of each registration fee which must be deposited in the account.
κ1993 Statutes of Nevada, Page 1194 (CHAPTER 377, SB 303)κ
3. A registrant who offers a pesticide for sale before registration of the pesticide shall pay an amount equal to twice the registration fee for registration of the pesticide.
Sec. 3. NRS 586.406 is hereby amended to read as follows:
586.406 1. It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act (7 U.S.C. §§ 136 et seq.) without first being registered with the executive director.
2. Each person applying for registration [shall] must provide a statement including:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.
3. All registrations expire on December 31 and are renewable annually.
4. Each person registering shall pay:
(a) An annual registration fee of $10; and
(b) A penalty fee of $5 if his previous registration has expired by the failure to reregister on or before February 1, unless his registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the period of the year during which the registration was not in effect.
5. All persons registered shall maintain and keep for a period of 2 years a record of all sales of restricted-use pesticides showing:
(a) The date of sale or delivery;
(b) The name and address of the person to whom sold or delivered;
(c) The brand name of the pesticide product;
(d) The amount of pesticide product sold or delivered; [and]
(e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and
(f) Such other information as may be required by the executive director.
6. Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the executive director of restricted-use pesticides sold during the previous month. The executive director shall provide the form for the report. The form must be filed even if the person did not sell any pesticides during the previous month.
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