[Rev. 2/12/2019 2:36:27 PM]
κ1995 Statutes of Nevada, Page 2301κ
Assembly Bill No. 679Assemblymen Chowning, Spitler, Price, Arberry, Evans, Dini, Bennett, Batten, Segerblom, Perkins, Manendo, Close, Tripple, Carpenter, Ohrenschall, Freeman, Fettic, Allard, Giunchigliani, Buckley, Anderson, Humke, Krenzer, Bache, Monaghan, Sandoval, Ernaut, Nolan, Goldwater, Steel, Schneider, Neighbors, de Braga and Williams
CHAPTER 614
AN ACT relating to the division of child and family services of the department of human resources; authorizing the division to distribute the interest and income earned from money deposited into certain gift accounts to fund special activities for children in foster care; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 423.130 is hereby amended to read as follows:
423.130 1. All gifts of money which the northern Nevada childrens home is authorized to accept must be deposited in the state treasury to the credit of the northern Nevada childrens homes gift account in the department of human resources gift fund.
2. All gifts of money which the southern Nevada childrens home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada childrens homes gift account in the department of human resources gift fund.
3. [Money] Except as otherwise provided in section 2 of this act, money in the gift accounts may be used:
(a) For childrens home purposes; and
(b) To benefit the children to whom shelter and care is provided under a contract entered into pursuant to NRS 423.147.
Each gift must be expended in accordance with the terms of the gift.
4. Each claim against the northern Nevada childrens home or the southern Nevada childrens home must be approved by the superintendent of the home to which it pertains before it is paid.
Sec. 2. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The interest and income earned on money in the northern Nevada childrens homes gift account and the southern Nevada childrens homes gift account deposited pursuant to NRS 423.130 may be distributed by the division to foster parents, upon request, on the basis of need, to pay the costs associated with participation by a child in foster care in intramural, recreational, social, school and sports-related activities, including, but not limited to, uniforms and equipment, the rental of musical instruments, registration fees and art lessons.
2. All requests for distributions of money pursuant to subsection 1 must be made to the division in writing. The person making the request must demonstrate that all other resources for money to pay for the activity have been exhausted.
3. The division:
κ1995 Statutes of Nevada, Page 2302 (CHAPTER 614, AB 679)κ
(a) Shall not distribute more than $25,000 per year pursuant to this section.
(b) Shall develop policies for the administration of this program.
Sec. 3. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
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Assembly Bill No. 691Committee on Ways and Means
CHAPTER 615
AN ACT relating to state government; transferring the capitol police to the department of motor vehicles and public safety; revising the duties of the capitol police and the chief of the buildings and grounds division of the department of administration; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.053 is hereby amended to read as follows:
481.053 1. The governor shall appoint the peace officers standards and training committee.
2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the members of the committee.
(b) Provide for and encourage the training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
(e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.
5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;
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(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) Category II peace officer means:
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;
(4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any county school district;
(12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 281.0353, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
(13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada;
(16) [Police officers of the buildings and grounds division of the department of administration;] The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;
(17) Parole counselors of the division of child and family services of the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
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family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
(19) Field investigators of the taxicab authority; and
(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
(b) Category III peace officer means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.
Sec. 2. NRS 481.067 is hereby amended to read as follows:
481.067 1. The department may include:
(a) A registration division.
(b) A drivers license division.
(c) A Nevada highway patrol division.
(d) An administrative services division.
(e) An investigation division.
(f) A division of emergency management.
(g) A state fire marshal division.
(h) A division of parole and probation.
(i) A capitol police division.
(j) Such other divisions as the director may from time to time establish.
2. Before he reorganizes the department, the director shall obtain the approval of:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular session.
Sec. 3. NRS 481.071 is hereby amended to read as follows:
481.071 1. Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (e) , [or] (h) or (i) of that subsection.
2. Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:
(a) The registration division shall:
(1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;
(2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;
(3) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;
(4) Execute and administer the provisions of chapter 366 of NRS, relating to the imposition and collection of taxes on special fuels used for motor vehicles; and
(5) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.
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(b) The drivers license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.
(c) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.
(d) The investigation division shall:
(1) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;
(2) Assist the secretary of state in carrying out an investigation pursuant to NRS 293.124; and
(3) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.
(e) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.
(f) The division of emergency management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and the provisions of any other laws.
(g) The state fire marshal division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and the provisions of any other laws.
(h) The division of parole and probation shall execute, administer and enforce the provisions of chapters 176 and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and the provisions of any other law.
(i) The capitol police division shall assist the chief of the buildings and grounds division of the department of administration in the enforcement of subsection 1 of NRS 331.140.
Sec. 4. NRS 481.083 is hereby amended to read as follows:
481.083 1. Except for the operation of the peace officers standards and training committee, the investigation division, the division of emergency management, the state fire marshal division , [and] the division of parole and probation [,] and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.
2. All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.
κ1995 Statutes of Nevada, Page 2306 (CHAPTER 615, AB 691)κ
Sec. 5. NRS 481.087 is hereby amended to read as follows:
481.087 1. [The] Except as otherwise provided in subsection 2, the expenses incurred in the administration of this chapter and in the administration of the powers and duties provided in this chapter shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.
2. The provisions of subsection 1 do not apply to the expenses incurred in the administration of:
(a) The investigation division;
(b) The division of emergency management;
(c) The state fire marshal division; [and]
(d) The division of parole and probation [.] ; and
(e) The capitol police division,
of the department.
Sec. 6. NRS 281.0323 is hereby amended to read as follows:
281.0323 [1.] A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the legislative commission.
[2. A police officer employed pursuant to subsection 1 of NRS 331.060 by the chief of the buildings and grounds division of the department of administration has the powers of a peace officer.]
Sec. 7. NRS 281.0335 is hereby amended to read as follows:
281.0335 1. The following persons have the powers of a peace officer:
(a) The director of the department of motor vehicles and public safety.
(b) The chiefs of the divisions of the department of motor vehicles and public safety.
(c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.
(d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.
(e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.
2. The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.
3. Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.
4. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.
κ1995 Statutes of Nevada, Page 2307 (CHAPTER 615, AB 691)κ
Sec. 8. NRS 331.010 is hereby amended to read as follows:
331.010 As used in NRS 331.010 to 331.150, inclusive, and section 1 of [this act:] Senate Bill No. 334 of this session, unless the context otherwise requires:
1. Buildings and grounds division means the buildings and grounds division of the department of administration.
2. Chief means the chief of the buildings and grounds division.
3. Director means the director of the department of administration.
Sec. 9. NRS 331.060 is hereby amended to read as follows:
331.060 1. The chief shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners [, police officers] and other persons as may be necessary to carry out the provisions of NRS 331.010 to 331.150, inclusive.
2. The employees shall perform duties as assigned by the chief.
3. The chief is responsible for the fitness and good conduct of all employees.
Sec. 10. NRS 331.140 is hereby amended to read as follows:
331.140 1. The chief shall take proper care to prevent any [theft, trespass on, or injury to the Capitol Building or its appurtenances, or any other building or part thereof] unlawful activity on or damage to any state property under his supervision and control, and [if any such theft, trespass or injury is committed, he shall cause the offender to be prosecuted therefor.] to protect the safety of any persons on that property.
2. The director of the department of motor vehicles and public safety shall appoint to the capitol police division of that department such personnel as may be necessary to assist the chief of the buildings and grounds division in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the buildings and grounds operating fund.
Sec. 11. Section 19 of Assembly Bill No. 677 of this session is hereby amended to read as follows:
Sec. 19. NRS 481.053 is hereby amended to read as follows:
481.053 1. The governor shall appoint the peace officers standards and training committee.
2. The committee consists of seven members, one appointed from Clark County, one from Washoe County, three from any other counties, one from category II peace officers and one from category III peace officers. Members serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The governor shall make the appointments from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state, category II peace officers and category III peace officers.
4. The committee shall:
(a) Meet at the call of the chairman, who must be elected by the members of the committee.
κ1995 Statutes of Nevada, Page 2308 (CHAPTER 615, AB 691)κ
(b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
(e) Carry out the duties required of the committee pursuant to NRS 432B.610 and 432B.620.
5. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it approves in those regulations.
6. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
7. As used in this section:
(a) Category II peace officer means:
(1) The bailiff of the supreme court;
(2) The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
(3) Constables and their deputies whose official duties require them to carry weapons and make arrests;
(4) Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;
(5) Parole and probation officers;
(6) Special investigators who are employed full time by the office of any district attorney or the attorney general;
(7) Investigators of arson for fire departments who are specially designated by the appointing authority;
(8) The assistant and deputies of the state fire marshal;
(9) The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred in chapter 565 of NRS;
(10) Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
(11) School police officers employed by the board of trustees of any county school district;
(12) Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 281.0353, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
κ1995 Statutes of Nevada, Page 2309 (CHAPTER 615, AB 691)κ
(13) Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;
(14) Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;
(15) Legislative police officers of the State of Nevada;
(16) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140;
(17) Parole counselors of the division of child and family services of the department of human resources;
(18) Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
(19) Field investigators of the taxicab authority; [and]
(20) Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests [.] ; and
(21) The chief of a department of alternative sentencing created pursuant to section 9 of this act and the assistant alternative sentencing officers employed by that department.
(b) Category III peace officer means peace officers whose authority is limited to correctional services, and includes the superintendents and correctional officers of the department of prisons.
Sec. 12. 1. This section and sections 1 to 7, inclusive, 9, 10 and 11 of this act become effective on July 1, 1995.
2. Section 8 of this act becomes effective at 12:01 a.m. on July 1, 1995.
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κ1995 Statutes of Nevada, Page 2310κ
Assembly Bill No. 725Assemblymen Arberry and Williams
CHAPTER 616
AN ACT relating to the state personnel system; revising the limitations on other employment for certain persons in the unclassified service of the state; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise provided in NRS 281.127, a person in the unclassified service of the state who has been appointed or employed for service in a department, division, agency or institution, other than a director of a department, may pursue any other business or occupation or hold any other office for profit if:
1. The other employment does not conflict with the duties he is required to perform in his unclassified service;
2. The other employment does not conflict with the hours during which he is required to perform those duties; and
3. He has obtained the approval of his supervisor.
Sec. 2. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The compensation, salaries and expenses of the executive secretary and employees of the board must be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
2. [The chief parole and probation officer] Except as otherwise provided in section 1 of this act, the chief shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 3. NRS 232.055 is hereby amended to read as follows:
232.055 1. The director shall appoint two assistant directors of the department and shall assign their duties.
2. Each assistant director is in the unclassified service of the state.
3. [Each] Except as otherwise provided in section 1 of this act, each assistant director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 4. NRS 232.139 is hereby amended to read as follows:
232.139 The chiefs of the divisions of the department may each appoint a deputy and a chief assistant in the unclassified service of the state. [Each] Except as otherwise provided in section 1 of this act, each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 5. NRS 232.217 is hereby amended to read as follows:
232.217 Unless federal law or regulation otherwise requires, the chief of the:
κ1995 Statutes of Nevada, Page 2311 (CHAPTER 616, AB 725)κ
1. Budget division;
2. Buildings and grounds division;
3. Purchasing division;
4. State printing and micrographics division; and
5. Motor pool division if separately established,
may appoint a deputy and a chief assistant in the unclassified service of the state, who shall not engage in any other gainful employment or occupation [.] except as otherwise provided in section 1 of this act.
Sec. 6. NRS 232.340 is hereby amended to read as follows:
232.340 The chief of each division of the department:
1. Is in the unclassified service of the state unless federal law or regulation requires otherwise.
2. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
3. [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 7. NRS 232.460 is hereby amended to read as follows:
232.460 The chief of each bureau of the division shall:
1. Administer the provisions of law relating to his bureau, subject to the administrative supervision of the administrator.
2. [Devote] Except as otherwise provided in section 1 of this act, devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 8. NRS 232.530 is hereby amended to read as follows:
232.530 The chief of each of the divisions of the department:
1. Is in the unclassified service of the state.
2. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
3. [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.
Sec. 9. NRS 232.535 is hereby amended to read as follows:
232.535 1. The chiefs of the divisions of the department may appoint assistants within the limits of the money available for each position and subject to the approval of the director.
2. These assistants are in the unclassified service of the state. [Each] Except as otherwise provided in section 1 of this act, each assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 10. NRS 232.610 is hereby amended to read as follows:
232.610 The administrator:
1. Is appointed by, is responsible to and serves at the pleasure of the director.
2. Is in the unclassified service of the state.
3. [Shall] Except as otherwise provided in section 1 of this act, shall not engage in any other gainful employment or occupation.
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4. Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the division.
5. Must have the demonstrated ability to administer a major public agency in the field of industrial relations. His knowledge and abilities must include:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;
(b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and
(c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or other persons.
6. Must possess a background which indicates that he can impartially serve the interest of both employees and employers.
7. Must not, at the time of his appointment or at any time during his term of office:
(a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of chapter 512 of NRS; or
(c) Be an officer or employee of any labor organization.
Sec. 11. NRS 232.630 is hereby amended to read as follows:
232.630 1. The administrator may appoint such assistant administrators of the division as necessary for the administration of the division and assign the duties of the assistant administrators.
2. An assistant administrator is in the unclassified service of the state.
3. [An] Except as otherwise provided in section 1 of this act, an assistant administrator shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 12. NRS 232.825 is hereby amended to read as follows:
232.825 The commissioner:
1. May appoint two deputies. The deputies are in the unclassified service of the state. [Each] Except as otherwise provided in section 1 of this act, each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. Is responsible for the administration of the provisions of Title 57 of NRS, and all other provisions of law relating to the functions of the division.
3. May employ such staff as is necessary for the performance of his duties.
4. Has such other powers and duties as are provided by law.
Sec. 13. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager. The manager, with the approval of the board, may appoint a deputy for professional services and a deputy for administrative, fiscal and constructional services. In addition, the manager may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
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2. The manager and his deputies are in the unclassified service of the state. [Each] Except as otherwise provided in section 1 of this act, the manager and each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
3. The manager and his deputy for professional services must each be a registered professional engineer pursuant to the provisions of chapter 625 of NRS or an architect licensed under the provisions of chapter 623 of NRS. The deputy manager for administrative, fiscal and constructional services must have a comprehensive knowledge of principles of administration and a working knowledge of principles of engineering or architecture as determined by the board.
4. The manager shall:
(a) Serve as the secretary of the board.
(b) Manage the daily affairs of the board.
(c) Represent the board before the legislature.
(d) Prepare and submit to the board, for its approval, the recommended priority for proposed capital improvement projects and provide the board with an estimate of the cost of each [such] project.
(e) Make recommendations to the board for the selection of architects, engineers and contractors.
(f) Make recommendations to the board regarding the acceptance of completed projects.
(g) Advise the board and the legislature, or the interim finance committee if the legislature is not in session, on a monthly basis of the progress of all public works projects which are a part of the approved capital improvement program.
Sec. 14. NRS 381.120 is hereby amended to read as follows:
381.120 1. The governor shall appoint a director from a list of three names submitted by the board and the administrator. The director must have:
(a) An advanced degree in science or history; and
(b) At least 3 years experience in managing a museum.
2. The director may employ and fix the duties, powers and conditions of employment of necessary curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
3. Except for the director and two assistants, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation are in the classified service of the state. The director is in the unclassified service. The director may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.
4. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he is entitled to receive his expenses.
5. [The] Except as otherwise provided in section 1 of this act, the director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 15. NRS 381.405 is hereby amended to read as follows:
381.405 1. The administrator shall appoint a director of the Nevada museum and historical society. The director must have:
κ1995 Statutes of Nevada, Page 2314 (CHAPTER 616, AB 725)κ
(a) An advanced degree in science or history; and
(b) At least 3 years experience in managing a museum.
2. The director may employ and fix the duties, powers and conditions of employment of necessary curators, assistants, janitors, laborers, guards and employees of the Nevada museum and historical society.
3. The director is in the unclassified service.
4. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he is entitled to receive his expenses.
5. [The] Except as otherwise provided in section 1 of this act, the director shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 16. NRS 407.045 is hereby amended to read as follows:
407.045 1. The salary of the administrator may be apportioned and paid from any money available to the division, unless otherwise provided by law.
2. [The] Except as otherwise provided in section 1 of this act, the administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 17. NRS 407.055 is hereby amended to read as follows:
407.055 1. The administrator may designate an employee or employees of the division to act as his deputy or deputies. In case of the absence of the administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties [shall] devolve upon his deputy or deputies.
2. Deputies shall receive annual salaries in the amounts determined pursuant to statute.
3. [Each] Except as otherwise provided in section 1 of this act, each deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 18. NRS 417.060 is hereby amended to read as follows:
417.060 The commissioner and deputy commissioner are in the unclassified service of the state. [Each] Except as otherwise provided in section 1 of this act, each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 19. NRS 433A.040 is hereby amended to read as follows:
433A.040 [An] Except as otherwise provided in section 1 of this act, an administrative officer shall devote his entire time to the duties of his position and shall have no other gainful employment or occupation, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for the seminars, consultations and lectures.
Sec. 20. NRS 439.110 is hereby amended to read as follows:
439.110 1. Except as otherwise provided in section 1 of this act and subsection 2 [,] of this section, the state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation.
κ1995 Statutes of Nevada, Page 2315 (CHAPTER 616, AB 725)κ
2. Notwithstanding the provisions of NRS 281.127, the state health officer may cooperate with the University and Community College System of Nevada in the preparation and teaching of preservice professional workers in public health, and in a program providing additional professional preparation for public health workers employed by the State of Nevada.
Sec. 21. NRS 459.0096 is hereby amended to read as follows:
459.0096 1. The administrator of each division shall administer the provisions of law relating to his division under the supervision of the executive director.
2. The executive director and the administrator of each division:
(a) Are in the unclassified service of the state.
(b) [Shall] Except as otherwise provided in section 1 of this act, shall devote their full time to the business of the agency and not engage in any other gainful employment or occupation.
Sec. 22. NRS 472.025 is hereby amended to read as follows:
472.025 1. The state forester firewarden is in the unclassified service of the state.
2. [He] Except as otherwise provided in section 1 of this act, he shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 23. NRS 481.035 is hereby amended to read as follows:
481.035 1. The director:
(a) Is appointed by the governor. He must be selected with special reference to his training, experience, capacity and interest in the field of administering laws relating to motor vehicles and public safety.
(b) Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) Is in the unclassified service of the state.
(d) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. The director may employ two deputy directors, one responsible for the administration of the laws relating to motor vehicles and one responsible for the administration of the laws relating to public safety. Each deputy:
(a) Must be selected with special reference to his training, experience, capacity and interest in the field of his responsibility.
(b) Is in the unclassified service of the state.
(c) [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 24. NRS 501.337 is hereby amended to read as follows:
501.337 The administrator shall:
1. Carry out the policies and regulations of the commission.
2. Direct and supervise all administrative and operational activities of the division, and all programs administered by the division as provided by law. [He] Except as otherwise provided in section 1 of this act, the administrator shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.
κ1995 Statutes of Nevada, Page 2316 (CHAPTER 616, AB 725)κ
3. Within such limitations as may be provided by law, organize the division and, from time to time, alter the organization and reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove such technical, clerical and operational staff as the execution of his duties and the operation of the division may require, and all those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The administrator shall designate a number of employees as game wardens and provide for their training.
5. Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.
6. Prepare the biennial budget of the division consistent with the provisions of this Title and chapter 488 of NRS.
7. Administer real property assigned to the division.
8. Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
9. Act as nonvoting secretary to the commission.
Sec. 25. NRS 513.083 is hereby amended to read as follows:
513.083 1. The chief administrative officer of the division is the administrator, who must be appointed by the director of the department of business and industry from a list of three nominees selected by the commission.
2. The administrator of the division:
(a) Must be a graduate of an accredited college or university and have substantial experience as an administrator or at least 5 years experience in the exploration for or the production or conservation of minerals.
(b) Is in the unclassified service of the state.
(c) [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to his duties as a public officer and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 26. NRS 532.060 is hereby amended to read as follows:
532.060 1. The state engineer is in the unclassified service of the state.
2. [He] Except as otherwise provided in section 1 of this act, he shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 27. NRS 540.041 is hereby amended to read as follows:
540.041 1. The administrator:
(a) Must be selected with special reference to his training, experience, capability and interest in the field of water resource planning.
(b) [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
(c) Shall coordinate the activities of the division.
2. The administrator is responsible for the administration of all provisions of law relating to the functions of the division.
3. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
κ1995 Statutes of Nevada, Page 2317 (CHAPTER 616, AB 725)κ
Sec. 28. NRS 561.145 is hereby amended to read as follows:
561.145 1. The administrator shall direct and supervise all administrative and technical activities of the division, and all programs administered by the division as provided by law. [He] Except as otherwise provided in section 1 of this act, the administrator shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The administrator may, within such limitations as may be provided by law, organize the division into various bureaus and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The administrator shall:
(a) Coordinate the activities of the various bureaus of the department.
(b) Report to the board upon all matters pertaining to the administration of the division.
(c) Submit a biennial report to the governor, the legislature and the board of the work of the division, with recommendations that he may deem necessary. The report must set forth the facts relating to the condition of the livestock, agriculture and related industries in the State of Nevada.
Sec. 29. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner is in the unclassified service of the state.
2. [He] Except as otherwise provided in section 1 of this act, he shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 30. NRS 607.050 is hereby amended to read as follows:
607.050 1. The labor commissioner shall employ a deputy, who is in the unclassified service of the state.
2. If admitted to the practice of law in the State of Nevada, the deputy has all the powers of the district attorneys of the several counties in this state in the prosecution of all claims and actions originating with the labor commissioner by appropriate action in the courts of this state, when the labor commissioner is charged with the enforcement of those laws.
3. The deputy shall act under the direction of the labor commissioner, and in the performance of his duties he is responsible to the labor commissioner.
4. [The] Except as otherwise provided in section 1 of this act, the deputy shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 31. NRS 612.215 is hereby amended to read as follows:
612.215 1. The division is administered by a full-time salaried administrator, who is appointed by the director of the department of employment, training and rehabilitation and who serves at the pleasure of the director.
2. The administrator:
(a) Is in the unclassified service of the state.
(b) Has full administrative authority with respect to the operation and functions of the unemployment compensation service and the state employment service.
(c) [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
κ1995 Statutes of Nevada, Page 2318 (CHAPTER 616, AB 725)κ
Sec. 32. NRS 616.1719 is hereby amended to read as follows:
616.1719 [The] Except as otherwise provided in section 1 of this act, the manager and assistant managers shall not pursue any other business or occupation or perform the duties of any other office of profit unless on leave approved in advance. The manager and assistant managers shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.
Sec. 33. NRS 618.255 is hereby amended to read as follows:
618.255 1. The division may employ such qualified employees as in the opinion of the administrator are necessary to enforce the provisions of this chapter.
2. Any safety and health representative employed by the division must have practical experience in the field of construction, trade, craft, technical skill, profession or industry in which his services are required.
3. The administrator and other employees of the division must not be financially interested in any business interfering with, or inconsistent with, their duties. [They] Except as otherwise provided in section 1 of this act, the administrator and other employees of the division shall give their entire time to the business of the division and shall not pursue any other business or vocation or hold any office of profit.
4. An employee of the division shall not serve on any committee of any political party.
Sec. 34. NRS 658.021 is hereby amended to read as follows:
658.021 The commissioner:
1. Must be a person who has had practical experience in banking, savings and loan associations or other financial institutions.
2. [Shall] Except as otherwise provided in section 1 of this act, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 35. NRS 679B.080 is hereby amended to read as follows:
679B.080 1. The director of the department of business and industry shall designate an acting commissioner when the office of commissioner is vacant or when the commissioner is unable to perform his duties because of mental or physical disability.
2. The commissioner shall designate one of his deputies to serve as acting commissioner in the commissioners absence.
3. The deputies have such powers and duties as the commissioner delegates and assigns to them.
4. [The] Except as otherwise provided in section 1 of this act, the deputies shall devote their full time to the division.
Sec. 36. NRS 706.882 is hereby amended to read as follows:
706.882 1. The director of the department of business and industry shall appoint a taxicab administrator from a list of three names submitted to him by the taxicab authority. The administrator serves at the pleasure of the director. The administrator is in the unclassified service of the state.
2. The taxicab authority may remove the administrator for good cause shown.
κ1995 Statutes of Nevada, Page 2319 (CHAPTER 616, AB 725)κ
3. [The] Except as otherwise provided in section 1 of this act, the taxicab administrator shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 37. Section 2 of Assembly Bill No. 24 of this session is hereby amended to read as follows:
Sec. 2. 1. The office of financial management, training and controls is hereby created within the department of administration.
2. The director shall appoint a chief of the office. The chief is in the unclassified service of the state and , except as otherwise provided in section 1 of Assembly Bill No. 725 of this session, shall not engage in any other gainful employment or occupation.
3. The chief must:
(a) Be a certified public accountant licensed by this state or a public accountant qualified pursuant to chapter 628 of NRS to practice public accounting in this state; and
(b) Have at least 5 years of progressively responsible professional auditing experience performing internal audits or postaudits. The auditing experience must consist of audits of governmental entities or of private business organizations, whether or not organized for profit.
4. The chief may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties. The chief shall not limit his own work assignments to administrative duties.
Sec. 38. 1. This section and sections 1 to 36, inclusive, and 39 of this act, become effective upon passage and approval.
2. Section 37 of this act becomes effective at 12:01 a.m. on July 1, 1995.
Sec. 39. The legislative counsel shall, in preparing the supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended or adopted by another act, change any section which conflicts with the provisions of section 1 of this act to comply with those provisions.
________
Assembly Bill No. 735Committee on Ways and Means
CHAPTER 617
AN ACT relating to the legislature; increasing and establishing the compensation of certain employees of the senate and assembly; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. There must be paid to the several employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
κ1995 Statutes of Nevada, Page 2320 (CHAPTER 617, AB 735)κ
chapter, the following sums of money for each days employment and no more:
Senate
Assistant director of bill services........................................... [$65] $70
Assistant secretary..................................................................... [96] 103
Assistant sergeant at arms........................................................ [72] 77
Bill clerk....................................................................................... [55] 59
Committee secretary................................................................. [78] 83
Deputy sergeant at arms.................................................................. 83
Director of bill services.............................................................. [70] 75
Director of clerical services....................................................... [89] 97
Executive assistant............................................................................ 95
History clerk................................................................................ [89] 95
Journal clerk................................................................................ [89] 95
Minute clerk................................................................................ [89] 95
Page.............................................................................................. [55] 59
Secretary............................................................................................. 75
Senior committee secretary...................................................... [85] 91
Senior page.................................................................................. [66] 71
Sergeant at arms.......................................................................... [91
Stenographers............................................................................ $70] 97
Typist............................................................................................ [60] 64
Assembly
Assistant chief clerk................................................................. [$96] $103
Assistant sergeant at arms........................................................ [72] 77
Assistant supervisor of bill clerks............................................. [65] 70
Bill clerk....................................................................................... [55] 59
Committee secretary................................................................. [78] 83
Deputy sergeant at arms.................................................................. 83
Executive assistant............................................................................ 95
History clerk................................................................................ [89] 95
Journal clerk................................................................................ [89] 95
Minute clerk................................................................................ [89] 95
Page.............................................................................................. [55] 59
Secretary...................................................................................... [70] 75
Senior committee secretary...................................................... [85] 91
Senior page.................................................................................. [66] 71
Sergeant at arms......................................................................... [91] 97
Supervisor of bill clerks............................................................. [70] 75
Supervisor of secretarial staff.................................................. [89] 97
Typist............................................................................................ [60] 64
κ1995 Statutes of Nevada, Page 2321 (CHAPTER 617, AB 735)κ
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
________
Assembly Bill No. 736Committee on Ways and Means
CHAPTER 618
AN ACT relating to state employees; establishing the maximum allowed salaries for employees in the unclassified service of the state; making appropriations; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
Approximate
Annual
Title or Position Salary
1. Office of the governor:
Chief of staff..................................................................... $80,950
Executive assistant........................................................... 63,842
Executive assistant........................................................... 41,679
Employee relations officer.............................................. 47,813
Regulatory analyst........................................................... 57,002
Executive assistant (each).............................................. 44,177
Executive assistant........................................................... 40,076
Executive assistant........................................................... 53,263
Administrative assistant.................................................. 38,726
Secretary to governor....................................................... 34,088
Administrative secretary (each)..................................... 26,933
Science advisor................................................................. 85,000
Executive director, nuclear projects.............................. 58,670
Chief, technical programs, nuclear projects................ 53,377
Chief of planning, nuclear projects............................... 50,538
Planner, nuclear projects (each)..................................... 44,974
Planner/researcher, nuclear projects............................. 42,361
Technical coordinator, nuclear projects....................... 44,974
2. Office of the lieutenant governor:
Chief of staff..................................................................... $39,200
Assistant to the lieutenant governor.............................. 37,500 Executive secretary 26,666
κ1995 Statutes of Nevada, Page 2322 (CHAPTER 618, AB 736)κ
Executive secretary.......................................................... 26,666
Administrative secretary................................................. 25,894
3. Office of the secretary of state:
Chief deputy...................................................................... $57,720
Coordinator, corporate filing.......................................... 41,036
Deputy secretary of state, securities.............................. 57,720
Deputy secretary of state, elections.............................. 39,749
4. Office of the state treasurer:
Chief deputy state treasurer........................................... $62,253
Deputy state treasurer, operations................................. 50,389
Deputy state treasurer, investments.............................. 58,706
Deputy state treasurer, cash management.................. 58,706
5. Office of controller:
Chief deputy controller.................................................... $67,511
Assistant controller........................................................... 48,780
6. Office of the attorney general:
(a) Attorney generals office:
Assistant attorney general............................................... $80,562
Solicitor general................................................................. 77,340
Assistant solicitor general................................................ 67,345
Chief deputy attorney general Las Vegas................ 77,340
Chief deputy attorney general (each)........................... 74,118
Childrens advocate......................................................... 67,345
Senior deputy attorney general (each).......................... 67,345
Deputy attorney general (each)..................................... 59,737
Chief, Medicaid fraud unit............................................. 71,760
Chief investigator............................................................. 47,500
Senior investigator (each)................................................ 42,382
Investigator (each)........................................................... 40,203
Administrative assistant.................................................. 37,703
Supervisor, office services............................................... 48,440
Legal researcher (each).................................................... 27,370
Senior legal researcher (each)......................................... 32,254
Capital case coordinator................................................. 59,737
Supervising insurance fraud investigator..................... 42,382
Insurance investigator (each)......................................... 40,203
Chief workers compensation fraud investigator....... 48,440
Deputy chief workers compensation fraud investigator .................................................................... 45,240
Senior workers compensation fraud investigator (each) .................................................................... 42,382
Workers compensation fraud investigator (each)..... 40,203
Crime prevention coordinator........................................ 33,512
(b) Office of advocate for customers of public utilities:
Consumers advocate...................................................... $71,760
Staff counsel..................................................................... 69,680
Assistant staff counsel..................................................... 62,400
Economist.......................................................................... 59,850
Senior regulatory analyst................................................ 58,260 Administrative assistant..................... 32,254
κ1995 Statutes of Nevada, Page 2323 (CHAPTER 618, AB 736)κ
Administrative assistant.................................................. 32,254
Assistant staff counsel..................................................... 62,400
Regulatory analyst........................................................... 49,970
Technical staff manager................................................. 62,400
Engineer.............................................................................. 56,216
(c) Private investigators licensing board:
Executive director............................................................. $43,660
7. Department of administration:
Director............................................................................... $84,188
Deputy budget administrator......................................... 67,511
Chief assistant budget administrator............................ 53,036
Senior appeals officer...................................................... 74,118
Appeals officer, hearings (each).................................... 67,345
Hearing officer (each)...................................................... 46,320
Chief assistant, planning................................................. 55,688
Director, Clear Creek........................................................ 37,548
Chief, financial management, training and controls. 62,400
Risk manager.................................................................... 67,345
Administrator, motor pool.............................................. 49,402
Manager, public works board......................................... 77,868
Deputy manager, public works board........................... 63,164
Deputy manager, public works board........................... 67,879
8. Department of business and industry:
Director............................................................................... $84,188
Deputy director................................................................. 47,813
Commissioner of financial institutions......................... 63,081
Deputy commissioner, financial institutions (each)... 53,263
Certified public accountant, financial institutions..... 46,222
Administrator, manufactured housing......................... 50,670
Administrator, real estate................................................ 51,491
Deputy administrator, real estate.................................. 42,562
Administrator, unclaimed property............................... 47,357
Chief, consumer services................................................. 71,653
Commissioner, consumer affairs................................... 50,354
Administrator, housing.................................................... 60,078
Deputy administrator, housing....................................... 50,354
Chief assistant, housing................................................... 38,613
Chief accountant, housing.............................................. 47,813
Commissioner, insurance................................................ 72,797
Deputy commissioner, insurance (each)...................... 51,447
Administrator, office for hospital patients................... 36,764
Taxicab administrator..................................................... 52,671
Administrator, industrial relations................................. 68,734
Assistant administrator, industrial relations................. 60,759
Attorney, industrial relations (each).............................. 60,907
Senior attorney, industrial relations............................... 67,345
Assistant administrator, industrial insurance regulation 58,829 Assistant administrator, industrial safety and health enforcement..................... 55,307
κ1995 Statutes of Nevada, Page 2324 (CHAPTER 618, AB 736)κ
Assistant administrator, industrial safety and health enforcement .................................................................... 55,307
Assistant administrator, preventative safety............... 55,307
Assistant administrator, mine inspection..................... 52,000
Attorney for injured workers.......................................... 69,935
Deputy attorney for injured workers............................. 64,392
Deputy attorney for injured workers (each)................ 53,660
Deputy attorney for injured workers (each)................ 62,035
Director, rural housing...................................................... 45,427
Commissioner, employee-management relations board .................................................................... 50,311
Secretary, employee-management relations board... 25,554
Administrator, minerals................................................... 67,600
Deputy administrator, minerals..................................... 54,080
Chief, Las Vegas office, minerals.................................. 42,000
Program assistant, minerals............................................ 26,499
Chief for dangerous mines.............................................. 44,284
Chief for (mine) regulation............................................. 44,284
Field specialist, minerals.................................................. 39,749
Assistant field specialist, minerals................................. 29,120
Chief associate, small business...................................... 41,793
Associate, small business (each).................................... 38,159
Executive director, state dairy commission................. 53,036
Administrator, agriculture............................................... 62,400
Chief, agriculture, brand inspection.............................. 45,760
Chief, agriculture, veterinary services........................... 74,880
Chief, agriculture, plant industry................................... 61,031
Labor commissioner........................................................ 49,175
Deputy labor commissioner............................................ 32,367
Chief assistant labor commissioner.............................. 27,596
Executive director, athletic commission....................... 55,120
Chairman, committee on employment of people with disabilities .................................................................... 46,532
9. State department of conservation and natural resources:
Director............................................................................... $84,188
Administrator, environmental protection..................... 78,000
State engineer (water resources)..................................... 78,000
State forester firewarden................................................. 67,600
Administrator, state parks............................................... 65,195
Administrator, state lands............................................... 60,240
District supervisor, water commissioners, water resources .................................................................... 46,800
Executive director, wild horse commission.................. 37,932
Administrator, water planning........................................ 60,817
Administrator, wildlife..................................................... 66,407
Deputy administrator, wildlife........................................ 62,997
10. Commission on economic development:
Executive director............................................................. $74,360
Deputy director................................................................. 56,671 Senior associate, industrial development (each) ................................................. 49,970
κ1995 Statutes of Nevada, Page 2325 (CHAPTER 618, AB 736)κ
Senior associate, industrial development (each)......... 49,970
Supervisor, grant projects (each)................................... 47,701
Grant project analyst (each)........................................... 38,159
Director, film...................................................................... 56,359
Senior associate, film....................................................... 49,970
Associate, film (each)...................................................... 43,950
Program specialist (each)................................................ 38,691
11. Department of education:
Superintendent of public instruction............................. $84,188
Deputy superintendent of instruction, research and evaluative services................................................................... 67,493
Deputy superintendent for administrative and fiscal services .................................................................... 64,280
12. Department of employment, training and rehabilitation:
Director, employment, training and rehabilitation..... $84,188
Administrator, rehabilitation division........................... 64,480
Chief, alcohol and drug abuse....................................... 55,535
Chief, services to the blind.............................................. 55,535
Chief, vocational rehabilitation..................................... 55,535
Administrator, employment security............................ 69,317
Director, state job training office................................... 52,000
Executive director, equal rights commission............... 55,422
Director, state occupational information coordinating committee .................................................................... 44,633
Executive director, commission for national and community services................................................................................. 34,764
13. State gaming control board:
Chairman, gaming control board.................................. $95,000
Member, gaming control board (each)......................... 88,335
Chief, investigation.......................................................... 61,895
Chief, enforcement.......................................................... 61,895
Chief, audit........................................................................ 61,895
Chief, corporate securities............................................... 61,895
Chief, tax and license...................................................... 61,895
Chief, administration....................................................... 61,895
Chief deputy, administration......................................... 56,528
Executive secretary, gaming commission.................... 56,216
Manager, electronics lab................................................. 58,601
Chief electronics............................................................... 61,895
Electronics engineer (each)............................................. 58,601
Electronic lab engineer (each)........................................ 50,800
Digital circuits engineer (each)........................................ 50,800
Coordinator, applicant services..................................... 54,626
Chief deputy, enforcement (each)................................ 56,216
Chief deputy, audit (each).............................................. 56,216
Chief deputy, investigations (each)............................... 56,216
Senior programmer analyst (each)................................ 47,656
Hearings officer (each).................................................... 50,835
Administrative coordinator............................................. 49,970 Business manager.............................. 53,945
κ1995 Statutes of Nevada, Page 2326 (CHAPTER 618, AB 736)κ
Business manager............................................................. 53,945
Systems programmer (each)........................................... 50,679
Supervisor, investigations (each)................................... 49,970
Supervisor, enforcement (each)..................................... 49,970
Supervisor, corporate securities (each)......................... 49,970
Supervisor, audit (each)................................................... 49,970
Supervisor, tax and license (each)................................. 49,970
Supervisor (each).............................................................. 49,970
Management analyst (each).......................................... 48,266
District office manager (each)........................................ 50,835
Supervisor, programming................................................ 49,970
Senior agent, corporate securities (each)...................... 45,086
Senior agent, investigation (each).................................. 45,086
Training officer................................................................. 50,835
Senior agent, audit (each)............................................... 45,086
Senior agent, tax and license (each).............................. 45,086
Electronics specialist (each)............................................ 43,497
Senior agent, enforcement (each).................................. 45,086
Intelligence analyst (each).............................................. 45,086
Agent, corporate securities (each).................................. 40,203
Agent, audit (each)........................................................... 40,203
Agent, investigations (each)............................................ 40,203
Agent, enforcement (each)............................................. 40,203
Agent, research (each)..................................................... 40,203
Agent, tax and license (each)......................................... 40,203
Electronics technician (each).......................................... 38,613
Legal researcher, gaming (each).................................... 32,254
Senior research analyst (each)....................................... 46,676
Research coordinator....................................................... 40,203
Programmer analyst (each)............................................ 44,295
Agent (each)...................................................................... 40,203
14. Department of human resources:
Director............................................................................... $84,546
Deputy director................................................................. 67,511
Administrator, health....................................................... 69,316
Medical program coordinator, mental health program .................................................................. 121,178
Medical program coordinator, statewide mental health services .................................................................. 130,499
Administrator, mental hygiene and mental retardation .................................................................... 78,362
Deputy administrator, mental hygiene and mental retardation .................................................................... 69,576
State welfare administrator............................................ 75,706
Administrator, child and family services...................... 64,118
Deputy administrator, child and family services........ 63,218
Deputy administrator, child and family services (each) .................................................................... 60,388
Administrator, aging services.......................................... 55,648
Deputy administrator, aging services (Las Vegas)...... 50,423 Deputy administrator, aging services (Carson City) ................................................. 50,423
κ1995 Statutes of Nevada, Page 2327 (CHAPTER 618, AB 736)κ
Deputy administrator, aging services (Carson City)... 50,423
Chief, elder rights.............................................................. 48,493
Superintendent, youth training center........................... 58,651
Superintendent, Caliente youth center......................... 58,651
Executive director, Nevada Indian commission......... 46,320
15. Department of information services:
Director............................................................................... $70,720
Chief, systems and programming.................................. 60,986
Chief, facility management............................................ 61,152
16. Office of the military:
Adjutant general............................................................... $71,548
17. Department of motor vehicles and public safety:
Director............................................................................... $84,188
Deputy director (each)..................................................... 70,512
Chief parole and probation officer............................... 65,942
Chairman, board of parole commissioners................. 51,447
Parole board member (each).......................................... 45,086
Secretary to parole board................................................ 36,910
Nevada commissioner for veteran affairs................... 39,749
Nevada deputy commissioner for veteran affairs..... 35,840
Chief, emergency management..................................... 51,491
State fire marshal............................................................. 57,011
18. Department of museums, library and arts:
Director............................................................................... $70,720
Administrator, museums and history............................ 60,104
Director, Nevada state museum, Las Vegas................ 54,000
Director, Nevada historical society................................ 54,000
Assistant administrator, railroad operations................ 44,177
Executive director, council on the arts.......................... 42,588
Literacy coordinator, state library................................. 39,181
19. Department of personnel:
Director............................................................................... $70,720
Equal employment opportunity officer....................... 48,628
20. Department of prisons:
Director............................................................................... $84,188
Medical director................................................................ 122,313
Mental health coordinator.............................................. 121,178
21. Office of the state public defender:
State public defender....................................................... $73,432
Supervising public defender (office)............................. 64,510
Supervising public defender (trial)................................. 62,034
Supervising public defender (appeals).......................... 62,034
Deputy public defender (each)....................................... 53,660
Deputy public defender, appellate (each).................... 53,660
Investigator (each)........................................................... 40,203
22. Public service commission of Nevada:
Chairman........................................................................... $78,000
Public service commissioner (each)............................... 73,137
Deputy commissioner...................................................... 60,418 Senior auditor (each)..................................... 54,739
κ1995 Statutes of Nevada, Page 2328 (CHAPTER 618, AB 736)κ
Senior auditor (each)........................................................ 54,739
Financial analyst.............................................................. 55,763
Utility operations and rate specialist (each)................. 58,601
Auditor (each)................................................................... 49,970
Staff counsel..................................................................... 71,267
Assistant staff counsel (each)........................................ 64,755
Director, consumer affairs.............................................. 48,554
Public education and statistical analyst....................... 45,654
Commissioner assistant (2 positions) (each)............... 42,439
Commissioner assistant (3 positions) (each)............... 41,583
Utility rate and tariff specialist (each).......................... 44,518
Manager, engineering services........................................ 65,000
Engineer, communications............................................. 63,109
Engineer, water.................................................................. 55,763
Engineer, electric............................................................... 58,601
Senior gas pipeline engineer............................................ 58,830
Engineer, gas pipeline....................................................... 55,763
Senior engineering analyst (each).................................. 49,970
Chief auditor..................................................................... 65,000
Director regulatory operations........................................ 68,250
Systems analyst................................................................ 53,036
Manager, rates and tariffs.............................................. 60,052
Hearings officer................................................................ 49,970
Chief transportation inspector (each)........................... 52,853
Manager, transportation................................................. 58,829
Specialist, transportation rates and tariffs................... 48,152
Senior analyst (each)....................................................... 49,970
Manager, consumer affairs office................................. 45,086
Legal counsel..................................................................... 71,267
Secretary of policy........................................................... 60,418
Assistant legal counsel (each)......................................... 64,755
Economist.......................................................................... 59,850
Supervising economist..................................................... 60,418
Resource planning engineer............................................ 55,763
Assistant general counsel - transportation................... 62,400
Senior auditor - transportation....................................... 54,967
Financial specialist........................................................... 55,763
Systems supervisor........................................................... 55,763
Assistant secretary............................................................ 47,699
Legal case manager......................................................... 39,000
23. Department of taxation:
Executive director............................................................. $84,188
Deputy executive director (each)................................... 60,388
24. Commission on tourism:
Executive director............................................................. $74,360
Director of marketing....................................................... 56,671
Public information officer............................................... 54,600
Business manager............................................................. 48,440
Development specialist, tourism (each)........................ 49,743 Project analyst, tourism.................................. 38,159
κ1995 Statutes of Nevada, Page 2329 (CHAPTER 618, AB 736)κ
Project analyst, tourism................................................... 38,159
Development specialist, Nevada Magazine................ 44,065
Editor publisher, Nevada Magazine.............................. 60,191
Associate editor................................................................. 33,048
Managing editor, publications........................................ 40,965
Market and promotion manager, publications........... 33,048
Business manager, Nevada Magazine......................... 45,768
Production manager......................................................... 37,296
Art director......................................................................... 39,408
Advertising sales representative..................................... 24,960
25. Department of transportation:
Director............................................................................... $84,188
Deputy director................................................................. 79,708
Hearings officer................................................................ 49,970
26. Supreme court:
Supervisory staff attorney.............................................. $81,700
Deputy supervisory staff attorney................................ 72,527
Chief clerk.......................................................................... 81,700
Chief deputy clerk............................................................ 46,965
Court administrator.......................................................... 70,692
Deputy court administrator............................................ 58,240
Counsel to the chief justice............................................. 64,088
Staff attorney I (each)..................................................... 49,050
Staff attorney II (each)................................................... 52,080
Staff attorney III (each)................................................. 53,720
Staff attorney IV (each).................................................. 58,699
Law librarian..................................................................... 62,976
Senior judicial clerk-attorney (each)............................. 39,315
27. Colorado River commission:
Director............................................................................... $90,000
Deputy director................................................................. 52,809
28. WICHE:
Director............................................................................... $48,360
29. Commission on Judicial Discipline:
General counsel................................................................. $96,000
Sec. 2. If any unclassified position is inadvertently omitted from this act for the fiscal years 1995-96 and 1996-97, the department of personnel shall examine the duties and responsibilities of the position and submit to the interim finance committee a list of those duties and responsibilities and a recommended salary for the position. The interim finance committee shall review the duties and responsibilities of the position and establish the salary for the position.
Sec. 3. Except for those positions in subsection 13 of section 1 of this act, the approximate maximum salaries as set forth in section 1 of this act shall be increased by one percent effective July 1, 1995.
Sec. 4. The approximate maximum salaries as set forth in sections 1 and 3 of this act shall be increased by three percent effective July 1, 1996.
Sec. 5. 1. There is hereby appropriated from the state general fund to the state board of examiners for reimbursement to any department, commission or agency of the State of Nevada, including the judicial branch of government, which receives part or all of its funding from the state general fund, for the difference between the maximum amount allowed in sections 1, 3 and 4 of this act and the amount budgeted for that purpose:
κ1995 Statutes of Nevada, Page 2330 (CHAPTER 618, AB 736)κ
or agency of the State of Nevada, including the judicial branch of government, which receives part or all of its funding from the state general fund, for the difference between the maximum amount allowed in sections 1, 3 and 4 of this act and the amount budgeted for that purpose:
For the fiscal year 1995-96....................................................... $1,776,463
For the fiscal year 1996-97....................................................... $2,805,902
2. There is hereby appropriated from the state highway fund to the state board of examiners for reimbursement to a state agency which receives part or all of its funding from the state highway fund, for the difference between the maximum amount allowed in sections 1, 3 and 4 of this act and the amount budgeted for that purpose:
For the fiscal year 1995-96........................................................... $184,716
For the fiscal year 1996-97........................................................... $295,545
Sec. 6. 1. There is hereby appropriated from the state general fund to the state board of examiners the sum of $290,310 for fiscal year 1995-96 to provide an approximate two percent salary increase effective July 1, 1995, to the staff of the state gaming control board, except members of the gaming control board, which is in addition to the approximate maximum salaries set forth in subsection 13 of section 1.
2. There is hereby appropriated from the state general fund to the state board of examiners the sum of $435,465 for fiscal year 1996-97 for the cost of subsection 1 of this section and to provide an approximate one percent salary increase effective July 1, 1996, to the staff of the state gaming control board, except members of the gaming control board, which is in addition to the approximate maximum salaries as provided for in section 4 of this act.
Sec. 7. 1. The state gaming control board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada Certified Public Accountant Certificate, a license to practice law in the State of Nevada or any other state, or possess a Bachelor of Science or higher degree in engineering or electronic engineering and utilize, in the opinion of the board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
2. There is hereby appropriated from the state general fund to the state board of examiners the sum of $125,000 for the fiscal year 1995-96 and $125,000 for the fiscal year 1996-97 for the additional cost of subsection 1 of this section.
Sec. 8. The money appropriated for fiscal years 1995-96 and 1996-97, in sections 5, 6 and 7 of this act is available for both fiscal years 1995-96 and 1996-97, and may be transferred from one fiscal year to the other with the approval of the governor upon recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1997, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 9. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2331κ
Assembly Bill No. 738Committee on Ways and Means
CHAPTER 619
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 July 5, 1995]
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 $78,289,390 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 1995-1996 and 1996-1997 or otherwise described as follows:
Description Project No. Amount
1. Capital improvements for the Department of Human Resources:
Addition to child and adolescent service office, Reno 95-C5 $567,064
Dining room building, refurbish dormitories, and refurbish kitchen for youth center, Caliente 95-C11 $952,988
Improve fire safety in 11 buildings SNAMHS / SNCAS, Las Vegas 95-M8 $163,841
Replace well #3 and water tank, NYTC, Elko 95-M10 $481,871
Repair dorms, latrines, showers and kitchens NYTC, Elko 95-M16 $765,367
Remodel special childrens clinic, Reno 95-M18 $150,875
Maintenance and renovation NMHI, Sparks 95-M20 $1,148,997
Repair / replace gym floor and outdoor track, NYTC, Elko 95-M23 $162,496
Seal and paint exterior walls and facia, NNCAS, Reno 95-M44 $149,263
Advance planning, NMHI, Sparks 95-L2 $60,000
κ1995 Statutes of Nevada, Page 2332 (CHAPTER 619, AB 738)κ
2. Capital improvements for the Department of Museums, Libraries and Arts:
Railroad museum maintenance building, Phase II, Boulder City 95-C17 $250,000
Protect adobe at Lost City Museum, Overton 95-M29 $174,044
Storage building and fire sprinklers for train museum, Carson City 95-L12 $270,000
3. Capital improvements for the Department of Prisons:
Lovelock correctional center, Phase II 95-C1 $34,348,456
Culinary renovation and addition, NSP, Carson City 95-G5 $2,097,110
Addition to central warehouse, DOP, Carson City 95-G6 $1,433,221
Replace locking system, Unit 8, SDCC, Indian Springs 95-M3 $945,473
Close solid waste landfills, SNCC / SDCC, Jean and Indian Springs 95-M4 $1,543,903
Security / electronics upgrade, NNCC, Carson City 95-M6 $326,828
Replace perimeter razor wire, SDCC, Indian Springs 95-M7 $127,666
Install generators and add lightning protection, HCC, JCC, WCC, ESP and TCC 95-M12 $628,877
Replace / relocate generators, NSP, Carson City 95-M13 $413,741
Repair utilities, SDCC, Indian Springs 95-M14 $278,440
Upgrade electrical system in DOP admin. building, Stewart 95-M24 $388,998
Replace windows, units 1 through 4, NNCC, Carson City 95-M25 $70,832
Renovate bathrooms, ECC, Ely 95-M26 $54,263
Repair utilities in main building basement, NSP, Carson City 95-M27 $428,100
Repair floors in camps and culinaries, CCC, ECC, WCC, JCC, HCC and culinary floors SDCC and SNCC 95-M31 $681,361
Secure walkways in lock-down units, ESP, Ely 95-M32 $110,053
High mast lights, NSP, Carson City 95-M33 $52,932
κ1995 Statutes of Nevada, Page 2333 (CHAPTER 619, AB 738)κ
High mast lights, NSP, Carson City 95-M33 $52,932
Sewage grinder building, ESP, Ely 95-M34 $37,174
Garbage truck wash area, NNCC, Carson City 95-M35 $66,718
Upgrade water service, NSP, Carson City 95-M36 $36,422
Aerators for sewage ponds, ESP, Ely 95-M42 $66,895
4. Capital improvements for the University and Community College System of Nevada:
Advance design of UNLV library, UNLV 95-G2 $1,426,865
Advance planning CCSN, Henderson Campus, Phase III, CCSN 95-S4A $289,000
Advance planning UNLV, Wright Hall renovation and addition, UNLV 95-S4B $25,000
Campus improvements, UCCSN 95-U1 $100,000
Campus improvements, UNLV 95-U2 $3,355,000
Campus improvements, UNR 95-U3 $4,445,000
Campus improvements, CCSN 95-U4 $800,000
Campus improvements, DRI 95-U5 $250,000
Campus improvements, NNCC 95-U6 $300,000
Campus improvements, TMCC 95-U7 $500,000
Campus improvements, WNCC 95-U8 $250,000
Advance planning / design, Phase IV, West Charleston, CCSN 95-L1 $1,000,000
Douglas county branch, WNCC 95-L14 $1,500,000
Advance planning for Summerlin branch, CCSN 95-L15 $300,000
5. Capital improvements for the Department of Administration:
Remodel old state library, Phase II, Carson City 95-C13 $796,018
Remodel brick building at Fremont School for state mail room, Carson City 95-C14 $423,775
Purchase Carson City Courthouse and Firehouse, Carson City 95-G8 $560,447
Renovate Stewart Building 107 for DMV / PS, Carson City 95-M2 $373,878
Upgrade HVAC temperature control system, 5 buildings, Las Vegas 95-M9 $71,636
κ1995 Statutes of Nevada, Page 2334 (CHAPTER 619, AB 738)κ
Upgrade HVAC temperature control system, 5 buildings, Las Vegas 95-M9 $71,636
Upgrade mechanical / electrical and replace HVAC at Heroes Memorial Building, Carson City 95-M30 $783,358
Upgrade underground power distribution, Stewart Complex, Carson City 95-M38 $289,529
Demolish and cap / plug well 5th and Stewart Street, Carson City 95-M40 $11,116
Capitol complex grounds rehabilitation, Carson City 95-M41 $424,273
Advance planning, Carson City Courthouse / Firehouse, Carson City 95-S4E $40,000
6. Capital improvements for the Department of Conservation and Natural Resources:
Elko office expansion, Division of Forestry, Elko 95-C12 $118,799
Renovate Kyle Canyon Fire Station #1, Division of Forestry 95-M19 $54,994
Conservation camp shop expansion, Jean Conservation Camp, Division of Forestry 95-M22 $101,611
7. Capital improvements for the Department of Information Services:
Replace computer facility security alarm, Carson City 95-M1 $59,954
Replace computer facility generator, Carson City 95-M5 $137,480
Advance planning, Information Services Office Building, Carson City 95-S4F $20,000
8. Capital improvements for the Office of the Military:
Exterior painting of 9 armories 95-M28 $354,033
Kitchen renovations at 9 armories 95-M43 $193,631
9. Capital improvements for the Department of Motor Vehicles and Public Safety:
Connect city sewer to Jones Street NDI Facility, Las Vegas 95-M37 $91,339
10. Roofing, statewide 95-S1 $3,974,888
κ1995 Statutes of Nevada, Page 2335 (CHAPTER 619, AB 738)κ
11. Americans with disability act, statewide: 95-S2 $1,000,000
12. Fire sprinklers, statewide 95-S3 $756,292
13. Advance planning for 1997 CIP program, statewide 95-S4G $110,000
14. Roofing inventory, statewide 95-S4I $50,000
15. Upgrade capitol complex master plan, Carson City 95-S4J $75,000
16. Paving, statewide 95-S5 $1,340,658
17. Asbestos and lead paint removal, statewide 95-S6 $1,000,000
18. Underground fuel storage tank removal, statewide 95-S7 $1,000,000
19. CFC conversion State Library, Carson City and Statewide study 95-S10 $101,547
Sec. 2. Commencing on July 1, 1997, the department of information services shall repay in annual installments to the state treasurer for deposit to the state general fund the cost of projects 95-M1, replace computer facility security alarm; 95-M5, replace computer facility generator; and, 95-S4F, advance planning for information services office building. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 3. Commencing on July 1, 1997, the division of buildings and grounds / state mail room shall repay to the state treasurer for deposit to the state general fund the cost of project 95-C14, remodel brick building at Fremont School for state mail room. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 4. The state public works board shall transfer the sum of $1,520,348 from the interest on the proceeds of bonds issued pursuant to chapter 718, Statutes of Nevada 1991, for the construction of a classroom and office complex at the University of Nevada, Las Vegas (91-C15), to project 95-G2, advance design of the University of Nevada, Las Vegas, library.
Sec. 5. The state public works board shall transfer the sum of $2,906 from the amount allocated pursuant to section 2 of chapter 614, Statutes of Nevada 1989 at page 1377, for construction, acquisition and improvement of a health sciences building at the University of Nevada, Las Vegas (89-36), to project 95-G2, advance design of the University of Nevada, Las Vegas, library.
Sec. 6. There is hereby appropriated from the state highway fund to the state public works board, the sum of $9,283,984 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 1995-1996 and 1996-1997 or otherwise described as follows:
Description Project No. Amount
1. Firesprinklers, tag plant, NSP, Carson City 95-S3 $54,310
2. Full service DMV / PS facility, Henderson 95-H1 $4,472,411
κ1995 Statutes of Nevada, Page 2336 (CHAPTER 619, AB 738)κ
3. Full service DMV facility, limited remodel of headquarters and advance plan for remodel of headquarters, Carson City 95-H2 $2,450,000
4. Renovate East Sahara office, DMV / PS, Las Vegas 95-H3 $2,142,539
5. Renovate highway patrol office space, East Sahara office, Las Vegas 95-H4 $121,724
6. Upgrade HVAC temperature control system, DMV buildings, Las Vegas 95-M9 $43,000
Sec. 7. 1. The amounts appropriated pursuant to section 6 of this act from the state highway fund must be allocated by the state controller as the money is required for the projects and must not be transferred to the projects from the state highway fund until required to make contract payments.
2. The state public works board shall obtain approval for the siting and location of the Henderson facility of the department of motor vehicles and public safety, project 95-H1, from the interim finance committee or the legislature if in session, before acquiring the land for the facility.
Sec. 8. There is hereby appropriated from the penalties and interest account maintained by the employment security division of the department of employment, training and rehabilitation to the state public works board, the sum of $459,105 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 1995-1996 and 1996-1997 or otherwise described as follows:
Description Project No. Amount
1. Addition to casual labor office, division of employment security, Reno 95-E1 $199,442
2. Addition to Fallon office of the division of employment security, Fallon 95-E2 $199,663
3. Advance planning for employment, training and rehabilitation office building, Carson City 95-S4D $60,000
Sec. 9. The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 which is distributed to the special capital construction fund for higher education, except any amount of that money that is needed to pay the principal and interest on bonds is appropriated to the University and Community College System of Nevada for items 1 through 7 and to the state public works board for items 8 and 9 of the following capital improvements for the University and Community College of Nevada:
κ1995 Statutes of Nevada, Page 2337 (CHAPTER 619, AB 738)κ
Description Project No. Amount
1. Deferred maintenance, NNCC 95-L3 $34,000
2. Deferred maintenance, UNLV 95-L4 $806,400
3. Deferred maintenance, CCSN 95-L5 $45,000
4. Deferred maintenance, WNCC 95-L6 $55,000
5. Deferred maintenance, TMCC 95-L7 $50,000
6. Deferred maintenance, UNR 95-L8 $985,600
7. Deferred maintenance, DRI 95-L9 $24,000
8. Renovation for CCSN, West Campus (Sahara), CCSN 95-L10 $1,000,000
9. Renovation of old child care center, pave Chilton Circle and other improvements, NNCC, Elko 95-L11 $600,000
Sec. 10. 1. There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $500,000 to conduct a feasibility study for the establishment of a school of law within the University and Community College System of Nevada.
2. The results of the feasibility study must be submitted to the director of the legislative counsel bureau for transmittal to the 69th session of the Nevada legislature.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 11. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $79,207,558 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 1995-1996 and 1996-1997 or otherwise described as follows:
Description Project No. Amount
1. Juvenile treatment facility, division of child and family services, Las Vegas 95-C2 $8,787,261
2. Addition to Lakes Crossing, division of MH / MR, Sparks 95-C3 $3,662,687
3. Conversion of NWCC to a male facility and construction of a 125-bed housing unit, department of prisons, Carson City 95-G3 $7,350,733
4. Phase V, WNCC, UCCSN, Carson City 95-C6 $14,076,946
5. Education building, UNR, UCCSN, Reno 95-C7 $18,157,848
6. Northern Science Center, DRI, UCCSN, Reno 95-C10 $13,022,677
7. Advance Technology Center, Phase VI, TMCC, UCCSN, Reno 95-C15 $11,870,594
κ1995 Statutes of Nevada, Page 2338 (CHAPTER 619, AB 738)κ
8. New classroom / office building, NNCC, UCCSN, Elko 95-C16 $1,625,914
9. Completion of classroom and student center, NNCC, UCCSN, Elko 95-L13 $652,898
Sec. 12. 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 11 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 11. 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.
Sec. 13. The state public works board shall transfer the sum of $557,706 from the amounts allocated or appropriated pursuant to sections 1, 5, 7 and 8 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 16 of this act:
Description Project No. Amount
1. Phase V Addition, TMCC 89-42 $8,314
2. UNR Journalism Building 89-77 $3,395
3. Supreme Court Building and Garage 89-38B $130,000
4. Door and Lock System, Department of Prisons, SNCC 89-L3 $11,309
5. Sewer and Domestic Water System Improvements, Department of Prisons, Carson City 89-12A $24,000
6. Southern Nevada Forensic Center Design 89-29A $25,539
7. Southern Nevada Forensic Center, Construction 89-29B $271,067
8. 12-Person Dual Diagnosis Unit, SNMRS 89-32 $64,082
9. Combined support maintenance shop, National Guard, Carson City 89-40 $20,000
Sec. 14. The state public works board shall transfer the sum of $819,555 from the amounts allocated or appropriated pursuant to sections 1, 3, 4 and 12 of chapter 497, Statutes of Nevada 1991, at pages 1524 through 1529, inclusive, from the projects identified in this section to projects as authorized in section 16 of this act:
Description Project No. Amount
1. Renovation / remodel of Caliente Youth Center, Caliente 91-C2 $177,000
2. Office and classroom addition, TMCC 91-D11 $1,716
κ1995 Statutes of Nevada, Page 2339 (CHAPTER 619, AB 738)κ
3. Loop road, TMCC and DRI 91-D18 $3,486
4. Fallon phase IV and Carson City LRC expansion, WNCC 91-C4 $29,814
5. Health Science-Phase III, CCSN (design) 91-L8 $1,851
6. Acquisition of Fremont School, Carson City 91-M17A $1,312
7. Purchasing warehouse renovations, Reno 91-M5 $25,236
8. Highway patrol regional headquarters, Reno 91-C13 $139,003
9. Re-roof / repair roofs DMV, Las Vegas 91-M18 $35,714
10. Structural rehabilitation of the old mint museum, Carson City 91-M32 $90,000
11. Technical arts center, NNCC 91-C3 $7,102
12. Upgrade emergency power system phase I, NSP 91-M10 $30,486
13. Renovate and expand ISCC 91-C17 $5,000
14. Replace porcelain toilets, Lakes Crossing, Sparks 91-M16 $5,007
15. Emergency power upgrade, NNMRS, Sparks 91-M2 $7,775
16. Replace maintenance shop, Department of Military, Carson City 91-M30 $8,583
17. Upgrade hi-voltage system and replace underground feeder phase I, Stewart 91-M21 $4,480
18. Upgrade fire line system and replace sewer line system, Stewart 91-M4 $71,689
19. Install water treatment systems, SNCC, CCC, and ESP 91-M28 $50,000
20. Replace underground heat lines, NNCC, Carson City 91-M20 $47,743
21. Juvenile treatment facility, Las Vegas (design) 91-C11 $2,600
22. Renovate central kitchen, SNMRS, Las Vegas 91-M15 $61,235
23. Cheyenne Avenue campus, phase IV, CCCC 91-C5 $11,000
24. Asphalt surfacing / striping, statewide 91-M40 $1,723
Sec. 15. The state public works board shall transfer the sum of $777,203 from the amounts allocated or appropriated pursuant to sections 1 and 7 of chapter 351, Statutes of Nevada 1993, at pages 1126 through 1129, inclusive, from the projects identified in this section to projects as authorized in section 16 of this act:
κ1995 Statutes of Nevada, Page 2340 (CHAPTER 619, AB 738)κ
Description Project No. Amount
1. Renovate Galletti Way facility, DMV, Reno 93-H5 $600,000
2. Asbestos removal, Galletti Way facility, DMV, Reno 93-H4 $63,853
3. Upgrade HVAC system, Reno Correctional Facility 93-M16 $36,611
4. Capital and mansion exterior surface renovation 93-M14 $883
5. Replace underground electric lines, NYTC, Elko 93-M6 $75,856
Sec. 16. The state public works board shall use the $2,154,464 transferred from the projects identified in sections 13, 14 and 15 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 1995-1996 and 1996-1997 or otherwise described as follows:
Description Project No. Amount
1. Phase V, WNCC, UCCSN, Carson City 95-C6 $29,814
2. Education building, UNR, Reno 95-C7 $3,395
3. Dining room building, refurbish dormitories, and refurbish kitchen for youth center, Caliente 95-C11 $177,000
4. Advance Technology Center, Phase IV, TMCC, UCCSN, Reno 95-C15 $13,516
5. Advance design of UNLV library, UNLV 95-G2 $1,851
6. Purchase Carson City Courthouse and Firehouse, Carson City 95-G8 $156,548
7. Full service DMV / PS facility, Henderson 95-H1 $838,570
8. Storage building and fire sprinklers for train museum, Carson City 95-L12 $90,000
9. Completion of classroom and student center, NNCC, UCCSN, Elko 95-L13 $7,102
10. Replace locking system, Unit 8, SDCC, Indian Springs 95-M3 $11,309
11. Security / electronics upgrade, NNCC, Carson City 95-M6 $47,743
12. Improve fire safety in 11 buildings SNAMHS / SNCAS, Las Vegas 95-M8 $424,523
κ1995 Statutes of Nevada, Page 2341 (CHAPTER 619, AB 738)κ
13. Replace / relocate generators, NSP, Carson City 95-M13 $30,486
14. Repair utilities, SDCC, Indian Springs 95-M14 $5,000
15. Maintenance and renovation, NMHI, Sparks 95-M20 $12,782
16. Repair / replace gym floor and outdoor track, NYTC, Elko 95-M23 $75,856
17. Exterior painting of 9 armories 95-M28 $28,583
18. Upgrade water service, NSP, Carson City 95-M36 $24,000
19. Upgrade underground power distribution, Stewart Complex, Carson City 95-M38 $76,169
20. Demolish and cap / plug well 5th and Stewart Street, Carson City 95-M40 $36,611
21. Capitol complex grounds rehabilitation, Carson City 95-M41 $883
22. Aerators for sewage ponds, ESP, Ely 95-M42 $50,000
23. Advance planning CCSN, Henderson Campus, Phase III, CCSN 95-S4A $11,000
24. Paving, statewide 95-S5 $1,723
Sec. 17. In addition to the amounts appropriated in section 1 of this act for project 95-L14, Douglas county branch, Western Nevada Community College, the state public works board is authorized to use not more than $1,500,000 in donated money for the construction of that project.
Sec. 18. 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.
Sec. 19. There is hereby appropriated from the state general fund to the legislative counsel bureau, the sum of $16,029,200 for constructing an addition to the legislative building and remodeling of adjacent areas.
Sec. 20. 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 of the project.
Sec. 21. 1. An ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1995, and ending June 30, 1996, and an ad valorem tax of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1996, and ending June 30, 1997. 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.
κ1995 Statutes of Nevada, Page 2342 (CHAPTER 619, AB 738)κ
remaining at the end of the respective fiscal years does not revert to the state general fund.
Sec. 22. 1. On or before July 1, 1995, and July 1, 1996, the state controller shall estimate the amount of proceeds of the tax levied by section 21 of 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. 23. 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 68th session of the Nevada legislature from the proceeds of those bonds.
Sec. 24. 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 fund in the amount of $68,284,793 for the fiscal year beginning July 1, 1995, and ending June 30, 1996, and in the amount of $78,764,632 for the fiscal year beginning July 1, 1996, and ending June 30, 1997.
Sec. 25. 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 of Nevada for those projects listed in sections 1, 4, 5, 6, 8, 9, 11 and 16 of this act.
Sec. 26. Any remaining balance of the appropriations made by sections 1 and 19 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 27. Any remaining balance of the allocated amounts authorized in section 11 of this act must not be committed for expenditure after June 30, 1999, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
κ1995 Statutes of Nevada, Page 2343 (CHAPTER 619, AB 738)κ
1999, and reverts to the bond interest and redemption account in the consolidated bond interest and redemption fund as soon as all payments of money committed have been made.
Sec. 28. Any remaining balance of the appropriations made by section 6 of this act must not be committed for expenditure after June 30, 1999, and reverts to the highway fund as soon as all payments of money committed have been made.
Sec. 29. Any remaining balance of the allocated amounts in sections 4, 5, 8, 9 and 16 must not be committed for expenditure after June 30, 1999, and reverts to the fund of origin as soon as all payments of money committed have been made.
Sec. 30. This act becomes effective on June 30, 1995.
________
Assembly Bill No. 740Committee on Ways and Means
CHAPTER 620
AN ACT relating to human resources; increasing the number of deputy administrators in the division of child and family services of the department of human services; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.350 is hereby amended to read as follows:
232.350 Unless federal law or regulation requires otherwise:
1. The chiefs of the divisions of the department, except as otherwise provided in subsection 2, may each appoint a deputy and a chief assistant in the unclassified service of the state.
2. The administrator of the division of child and family services of the department may appoint [two] three deputies in the unclassified service of the state.
Sec. 2. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2344κ
Senate Bill No. 129Committee on Judiciary
CHAPTER 621
AN ACT relating to actions for dental malpractice; expanding the provisions governing screening panels for medical malpractice to include causes of action for dental malpractice; revising the membership of the screening panels; providing civil immunity for members of a screening panel who review a case involving dental malpractice, under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Dental malpractice has the meaning ascribed to the term malpractice in NRS 631.075.
Sec. 3. Dentist means a person licensed to practice dentistry or any special branch of dentistry pursuant to chapter 631 of NRS.
Sec. 4. NRS 41A.003 is hereby amended to read as follows:
41A.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41A.005 to 41A.013, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 41A.016 is hereby amended to read as follows:
41A.016 1. No cause of action involving medical or dental malpractice may be filed until the medical or dental malpractice case has been submitted to an appropriate screening panel and a determination made by such panel as provided in NRS 41A.003 to 41A.069, inclusive, and any action filed without satisfying the requirements of those sections is subject to dismissal without prejudice for failure to comply with this section.
2. The written findings of the screening panel are admissible in any action concerning that complaint which is subsequently filed in district court. No other evidence concerning the screening panel or its deliberations is admissible and no member of the screening panel may be called to testify in any such action.
Sec. 6. NRS 41A.019 is hereby amended to read as follows:
41A.019 There are hereby created two tentative screening panels, one to be known as the northern panel, from which must be selected screening panels to sit in Reno, Nevada, to hear claims of medical or dental malpractice arising in the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one to be known as the southern panel, from which must be selected screening panels to sit in Las Vegas, Nevada, to hear claims of medical or dental malpractice arising in the counties of Lincoln, Nye, Esmeralda and Clark.
κ1995 Statutes of Nevada, Page 2345 (CHAPTER 621, SB 129)κ
Sec. 7. NRS 41A.023 is hereby amended to read as follows:
41A.023 1. [The] For cases involving medical or dental malpractice, the board of governors of the Nevada Trial Lawyers Association may designate 40 of its members to serve on the northern tentative screening panel and 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
2. [The] For cases involving medical malpractice, the executive committee of the Nevada State Medical Association may designate 40 of its members to serve on the northern tentative screening panel and 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
3. [The] For cases involving medical malpractice, the Nevada Hospital Association may designate 40 administrators of hospitals and other persons employed by hospitals in management positions to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.
4. For cases involving dental malpractice, the Nevada State Dental Association may designate 40 of its members to serve on the northern tentative screening panel and 40 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
Sec. 8. NRS 41A.033 is hereby amended to read as follows:
41A.033 The division, through the commissioner of insurance:
1. Shall maintain a list of the names of the attorneys, physicians, dentists, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;
2. Shall select the members of the screening panels;
3. Shall schedule the hearings for those panels;
4. Shall obtain, before or after the filing of the complaint, such health care records, dental records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel in connection with the claim;
5. Shall charge and collect a reasonable fee for copying materials produced under subpoena;
6. For good cause shown, may authorize extensions of time for the filing of:
(a) An answer, not to exceed 60 days;
(b) A response, not to exceed 10 days; and
(c) Continuances,
for the proceedings involving a screening panel; and
7. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.
Sec. 9. NRS 41A.039 is hereby amended to read as follows:
41A.039 1. A claim of medical or dental malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.
2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical or dental malpractice.
κ1995 Statutes of Nevada, Page 2346 (CHAPTER 621, SB 129)κ
3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350.
4. The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within 21 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.
5. A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.
6. The fees provided by this section must not be charged or collected more than once:
(a) From any party; or
(b) For the filing of any complaint, regardless of the number of parties joined in the complaint.
Sec. 10. NRS 41A.043 is hereby amended to read as follows:
41A.043 1. Within 35 days after the expiration of the time in which to answer the complaint of medical or dental malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.
2. The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.
3. Except as otherwise provided in this subsection, each party is entitled to not more than:
(a) Three peremptory challenges from the list of attorneys [; and] in cases involving medical or dental malpractice;
(b) Three peremptory challenges from the list of physicians [.] in cases involving medical malpractice; and
(c) Three peremptory challenges from the list of dentists in cases involving dental malpractice.
In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1.
4. [The] In cases involving medical malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.
κ1995 Statutes of Nevada, Page 2347 (CHAPTER 621, SB 129)κ
claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.
5. In cases involving dental malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three dentists and three attorneys to serve on the screening panel for review of the claim.
6. The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list.
[6.] 7. If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, dentist, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association , the Nevada State Dental Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.
Sec. 11. NRS 41A.046 is hereby amended to read as follows:
41A.046 1. The division may, by certified or registered mail, issue subpoenas as may be required by the screening panel, to compel the attendance of expert witnesses and, as may be required by the parties or the screening panel, to compel the production of books, papers, health care records, dental records, statements of policy and procedure or other materials.
2. The division shall keep the material so produced and make it available to the parties, upon request, for inspection or copying. If the material is reasonably capable of being copied, the division shall provide a copy to the parties, upon request and receipt of a fee for the copying.
3. If any expert witness refuses to attend or testify or if any person refuses to produce any materials as required by the subpoena, the division may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the expert witness or for the production of the materials;
(b) The expert witness or the person required to produce the materials has been subpoenaed by the division pursuant to this section; and
(c) The expert witness has failed or refused to attend or the person has failed or refused to produce the materials required by the subpoena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the expert witness to attend and testify or the other person to produce the materials.
4. Upon receiving such a petition, the court shall enter an order directing the expert witness or other person to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not attended or testified or produced the materials. A certified copy of the order must be served upon the expert witness or other person.
κ1995 Statutes of Nevada, Page 2348 (CHAPTER 621, SB 129)κ
5. If it appears to the court that the subpoena was regularly issued by the division, the court shall enter an order that the expert witness or other person appear at the time and place fixed in the order and testify or produce the required materials, and upon his failure to obey the order, the expert witness or other person must be dealt with as for contempt of court.
Sec. 12. NRS 41A.049 is hereby amended to read as follows:
41A.049 1. A claim must be heard by the screening panel within 30 days after the panel is selected.
2. The screening panel shall consider all the documentary material, including the complaint, answer and response, health care records , dental records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical or dental malpractice and that the claimant was injured thereby. Except for the issue of whether there is a reasonable probability of medical or dental malpractice and whether the claimant was injured thereby, the screening panel shall not consider any pleading or paper to the extent that it addresses a legal issue presented by the claim or a legal argument of a party.
3. Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:
(a) In cases involving medical malpractice:
(1) The board of medical examiners; and
[(b)] (2) The county medical society of the county in which the alleged malpractice occurred.
(b) In cases involving dental malpractice, the board of dental examiners of Nevada.
4. The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.
5. The written findings must be based upon a vote of the members of the screening panel made by written ballot, must be rendered within 5 days after the review and must be in substantially the following form:
(a) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we find that there is a reasonable probability of medical or dental malpractice and that the claimant was injured thereby;
(b) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we find that there is no reasonable probability of medical or dental malpractice; or
(c) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we are unable to reach a decision on the issue of medical or dental malpractice.
6. Whenever four members of the screening panel are unable to find that there is a reasonable probability of medical or dental malpractice and that the claimant was injured thereby or that there is no reasonable probability of medical or dental malpractice, the screening panel shall be deemed unable to reach a decision on the issue and shall make a finding to that effect.
κ1995 Statutes of Nevada, Page 2349 (CHAPTER 621, SB 129)κ
Sec. 13. NRS 41A.053 is hereby amended to read as follows:
41A.053 1. Upon the request of the division or counsel for a patient, a custodian of any medical or dental records shall not allow anyone to review any of those records relevant to a complaint filed with the division before those records are transferred to a requesting party or the authority issuing the subpoena.
2. A violation of this [subsection] section is punishable as a misdemeanor.
Sec. 14. NRS 41A.056 is hereby amended to read as follows:
41A.056 1. If the screening panel finds in favor of the claimant and a cause of action involving medical or dental malpractice is thereafter filed in district court, a conference for settlement must be held as provided in NRS 41A.059.
2. If the determination is not in favor of the claimant, the claimant may file an action in court. If the claimant does not obtain a judgment in his favor in court, the defendant must be awarded reasonable costs and attorneys fees incurred after the date of filing the action in court.
3. If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.
Sec. 15. NRS 41A.059 is hereby amended to read as follows:
41A.059 1. In any action for medical or dental malpractice filed in a district court after a determination by a screening panel that there is a reasonable probability that medical or dental malpractice occurred and that the plaintiff was injured thereby, the plaintiff, the defendant, the representative of the physicians or dentists insurer and, if applicable, the hospitals insurer and their respective attorneys shall attend a conference for settlement before a district judge, other than the judge assigned to the case, to determine the amount of the plaintiffs damages. The judge before whom the conference is held:
(a) Must be selected randomly by the clerk of the court upon filing of the notice pursuant to subsection 2, except that he may not be the judge assigned to the case.
(b) May, for good cause shown, waive the attendance of any party.
(c) Shall decide what information the parties may submit at the conference.
2. In any such action, the responsive pleading of the defendant must be accompanied by a notice to the clerk that the case must be scheduled for a conference for settlement. If this notice is not filed by the defendant, it may be filed by any other party. The clerk shall immediately notify the judge before whom the conference is to be held of the receipt of that notice. The judge shall notify the parties, within 7 days after the receipt of the notice, of the time and place of the conference, which must not be later than 30 days after the receipt of the notice. The judge before whom the conference is to be held may, for good cause shown, continue the conference for a period not to exceed 15 days. Only one such continuance may be granted.
3. Within 15 days after the conference, the judge before whom the conference was held shall determine, solely from the information submitted at the conference, the reasonable value of the claim for purposes of settlement and shall so notify the parties in writing.
4. Within 14 days after receipt of the determination of the judge, the defendant shall offer to the plaintiff the amount determined by the judge or reject the determination.
κ1995 Statutes of Nevada, Page 2350 (CHAPTER 621, SB 129)κ
reject the determination. If the defendant rejects the determination and the plaintiff is awarded an amount greater than the amount of the determination, the plaintiff must be awarded reasonable costs and attorneys fees incurred after the date of the rejection.
5. Within 14 days after the receipt of the defendants offer of the amount determined by the judge, the plaintiff shall accept or reject the offer. If the plaintiff rejects the offer and the plaintiff is awarded an amount less than the amount of the offer, the defendant must be awarded reasonable costs and attorneys fees incurred after the date of the rejection.
Sec. 16. NRS 41A.069 is hereby amended to read as follows:
41A.069 1. In any action for medical malpractice tried before a jury, the following instructions must be given:
[1.] (a) If testimony of a medical expert was given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of medical records and the testimony of a medical expert based upon his review of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
[2.] (b) If testimony of a medical expert was not given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the medical records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
2. In any action for dental malpractice tried before a jury, the following instructions must be given:
(a) If testimony of an expert witness was given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of dental records and the testimony of an expert witness based upon his review of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
(b) If testimony of an expert witness was not given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the dental records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
Sec. 17. NRS 41A.097 is hereby amended to read as follows:
41A.097 1. Except as otherwise provided in subsection 2, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
κ1995 Statutes of Nevada, Page 2351 (CHAPTER 621, SB 129)κ
through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a person, based upon alleged professional negligence of the provider of health care;
(b) Injury to or the wrongful death of a person from professional services rendered without consent; or
(c) Injury to or the wrongful death of a person from error or omission in practice by the provider of health care.
2. This time limitation is tolled:
(a) For any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to him.
(b) In any action governed by the provisions of NRS 41A.003 to 41A.069, inclusive, from the date a claimant files a complaint for review by a screening panel until 30 days after the date the panel notifies the claimant, in writing, of its findings. The provisions of this paragraph apply to an action against the provider of health care and to an action against any person, government or political subdivision of a government who is alleged by the claimant to be liable vicariously for the medical or dental malpractice of the provider of health care, if the provider, person, government or political subdivision has received notice of the filing of a complaint for review by a screening panel within the limitation of time provided in subsection 1.
3. For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
4. As used in this section, provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, doctor of acupuncture, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 18. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
A screening panel or any of its members, acting pursuant to NRS 41A.003 to 41A.069, inclusive, which initiates or assists in any proceeding concerning a claim of malpractice against a dentist is immune from any civil action for that initiation or assistance or any consequential damages, if the panel or members acted without malicious intent.
Sec. 19. The amendatory provisions of this act:
κ1995 Statutes of Nevada, Page 2352 (CHAPTER 621, SB 129)κ
1. Do not apply to causes of action involving dental malpractice, as that term is defined in section 2 of this act, which are filed before October 1, 1995.
2. Expire by limitation on July 1, 1999.
________
Senate Bill No. 570Committee on Transportation
CHAPTER 622
AN ACT relating to motor vehicles; providing for the rescission and cancellation of the registration of a vehicle for the failure to comply with certain requirements concerning emissions; limiting the circumstances under which the registered owner of a motor vehicle is required to provide evidence of compliance with the requirements for the control of emissions; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the test conducted pursuant to section 6 of this act indicates that a motor vehicle which is registered in a county whose population is 100,000 or more does not comply with the provisions of NRS 445.610 to 445.710, inclusive, and the regulations adopted pursuant thereto, the department shall mail to the registered owner of the vehicle a notice that his vehicle has failed the test.
2. The notice must include:
(a) The information set forth in subsection 3;
(b) A written statement which contains the results of the test conducted pursuant to section 6 of this act; and
(c) Any other information the department deems necessary.
3. The department shall rescind and cancel the registration of any motor vehicle which fails the test conducted pursuant to section 6 of this act, unless within 30 days after the notice is mailed by the department pursuant to subsection 2, the registered owner of the vehicle:
(a) Has the vehicle inspected by an authorized station or authorized inspection station to determine whether the vehicle complies with the provisions of NRS 445.610 to 445.710, inclusive, and the regulations adopted pursuant thereto; and
(b) Provides to the department evidence of compliance issued by the authorized station or authorized inspection station certifying that the vehicle complies with the provisions of NRS 445.610 to 445.710, inclusive, and the regulations adopted pursuant thereto.
4. The registered owner of the vehicle shall pay the cost of the inspection required pursuant to subsection 3.
5. As used in this section:
κ1995 Statutes of Nevada, Page 2353 (CHAPTER 622, SB 570)κ
(a) Authorized inspection station has the meaning ascribed to it in NRS 445.6115.
(b) Authorized station has the meaning ascribed to it in NRS 445.6125.
Sec. 2. NRS 482.460 is hereby amended to read as follows:
482.460 1. The department shall rescind and cancel the registration of any vehicle which the department [shall determine] determines is unsafe, [or] unfit to be operated or [is] not equipped as required by law.
2. The department shall rescind and cancel the registration of any vehicle if the registered owner of the vehicle is issued a citation or notice of violation for operating a motor vehicle in violation of subsection 2 of NRS 484.611, unless he provides, within 30 days after the citation or notice is issued, proof to the department that the condition for which he was issued the notice or citation has been corrected.
Sec. 3. NRS 482.478 is hereby amended to read as follows:
482.478 Except as otherwise provided in NRS 482.463, upon the rescission or cancellation of the registration of any vehicle pursuant to NRS 482.460 to 482.475, inclusive, or section 1 of this act, or the surrender of the corresponding license plates, no refund of the registration fees or privilege taxes paid for the vehicle may be allowed by the department.
Sec. 4. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. Used motor vehicle means a motor vehicle that has been registered for not less than 2 years with:
1. The department of motor vehicles and public safety;
2. The appropriate agency of any other state, the District of Columbia, any territory or possession of the United States, any foreign country or any state or province of a foreign country; or
3. Any combination of the agencies described in subsections 1 and 2.
Sec. 6. In a county whose population is 100,000 or more, the department of motor vehicles and public safety may conduct a test of the emissions from a motor vehicle which is being operated on a highway in that county to determine whether the vehicle complies with the provisions of NRS 445.610 to 445.710, inclusive, and the regulations adopted pursuant thereto.
Sec. 7. NRS 445.610 is hereby amended to read as follows:
445.610 As used in NRS 445.610 to 445.710, inclusive, and section 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 445.611 to 445.616, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 445.640 is hereby amended to read as follows:
445.640 1. Subject to any applicable limitation of NRS 445.610 to 445.670, inclusive, and any regulation adopted pursuant thereto, no used motor vehicle [as defined in NRS 482.132] which requires inspection pursuant to the regulations adopted by the commission under NRS 445.630 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive.
κ1995 Statutes of Nevada, Page 2354 (CHAPTER 622, SB 570)κ
2. If:
(a) A seller of a used vehicle is required to complete a dealers report of sale pursuant to the provisions of NRS 482.424; or
(b) A long-term lessor of a used vehicle is required to complete a long-term lessors report of lease pursuant to the provisions of NRS 482.4245, the seller or long-term lessor shall also provide the buyer or long-term lessee with any evidence of compliance required pursuant to subsection 1.
3. The requirements of this section apply only:
(a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and
(b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445.630.
________
Senate Bill No. 352Senator Jacobsen
CHAPTER 623
AN ACT relating to motor vehicles; authorizing certain charitable organizations to sell vehicles without obtaining a dealers license under certain circumstances; prohibiting an agency of this state from requiring a vehicle dealer to have his signature acknowledged before a person authorized to take acknowledgments in this state on certain documents the dealer is required to file with the agency; requiring the department of motor vehicles and public safety to provide a form which a vehicle dealer may use to transfer the ownership of a vehicle when the spaces on the certificate of ownership have been filled; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Charitable organization means an organization which:
1. The Secretary of the Treasury has determined is an exempt organization pursuant to the provisions of section 501(c) of the Internal Revenue Code; and
2. For not less than 2 years, has held a certificate of organization or has been qualified by the secretary of state to conduct business in this state.
Sec. 3. A charitable organization may sell a vehicle which has been donated to the organization without complying with the provisions of subsection 1 of NRS 482.322 if:
1. No member, director, officer, employee or agent of the charitable organization has a pecuniary interest in the sale of the vehicle; and
2. The charitable organization ensures that the security required pursuant to NRS 485.185 is provided for that vehicle until it is purchased.
Sec. 4. Except as otherwise provided in NRS 482.346, the department or any other agency of this state shall not require that a dealer have his signature acknowledged before a notary public or any other person authorized to take acknowledgments in this state on any document the dealer is required to file with the department or agency.
κ1995 Statutes of Nevada, Page 2355 (CHAPTER 623, SB 352)κ
take acknowledgments in this state on any document the dealer is required to file with the department or agency.
Sec. 5. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 482.3212 is hereby amended to read as follows:
482.3212 1. The department shall issue to any dealer, distributor, rebuilder or other person, upon request, and upon payment of a fee of $8.25, a special permit, in a form to be determined by the department, for the movement of any vehicle to sell outside the State of Nevada, or for the movement outside the state of any vehicle purchased by a nonresident. The permit must be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and expires 15 days after its issuance.
2. The department may issue a permit to a resident of this state who desires to move an unregistered vehicle within the state upon the payment of a fee of $8.25. The permit is valid for 24 hours.
3. The department shall, upon the request of a charitable organization which intends to sell a vehicle which has been donated to the organization, issue to that organization a permit for the operation of the vehicle until the vehicle is sold by the organization. The department shall not charge a fee for the issuance of the permit.
Sec. 7. NRS 482.322 is hereby amended to read as follows:
482.322 1. [A] Except as otherwise provided in section 3 of this act, a person shall not engage in the activities of a new vehicle dealer, used vehicle dealer, manufacturer, distributor or rebuilder in this state until he has been issued:
(a) A new vehicle dealers, used vehicle dealers, manufacturers, distributors, rebuilders or lessors license certificate or similar license or permit by every city within whose corporate limits he maintains an established place of business and by every county in which he maintains an established place of business outside the corporate limits of a city; and
(b) A license by the department. The department shall not issue a license to the person until he has been issued all certificates, licenses and permits required by paragraph (a).
2. A vehicle dealers, manufacturers or rebuilders license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.
3. The department shall investigate any applicant for a dealers, manufacturers, distributors, rebuilders or lessors license certificate or license and complete an investigation report on a form provided by the department.
Sec. 8. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as otherwise provided in [subsection 4,] subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
κ1995 Statutes of Nevada, Page 2356 (CHAPTER 623, SB 352)κ
address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
2. The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle when the spaces provided upon the reverse side of the certificate of ownership issued for the vehicle have been filled. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed $5 for each form it provides.
3. Except as otherwise provided in subsections [3 and 4,] 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due.
[3.] 4. If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due. The dealer is not required to register, pay a transfer or registration fee for, or pay a privilege tax on any such vehicle.
[4.] 5. If the transferee consigns the vehicle to a wholesale vehicle auctioneer:
(a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.
(b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection [3.] 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:
(1) Does not take an ownership interest in the vehicle;
(2) Auctions the vehicle to a vehicle dealer or automobile wrecker licensed as such in this or any other state; and
(3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.
[5.] 6. A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a privilege tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the privilege taxes due.
7. For the purposes of this section, wholesale vehicle auctioneer means a dealer who:
(a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and
(b) Does not in the ordinary course of his business buy, sell or own vehicles he auctions.
κ1995 Statutes of Nevada, Page 2357 (CHAPTER 623, SB 352)κ
Sec. 9. NRS 485.187 is hereby amended to read as follows:
485.187 1. Except as otherwise provided in subsection 6, the owner of a motor vehicle shall not:
(a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use of the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
(d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.
2. A person shall not operate the motor vehicle of another unless:
(a) He first ensures that the required evidence of current proof of financial responsibility is present in the motor vehicle; or
(b) He has his own proof of financial responsibility which covers him as the operator of the motor vehicle.
3. Except as otherwise provided in subsection 4, any person who violates subsection 1 or 2 shall be punished by a fine of not less than $600 nor more than $1,000 for each violation. The fine must be reduced to $100 for the first violation if the required proof of financial responsibility is obtained not later than 30 days after the fine is imposed.
4. A court:
(a) Shall not fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the proof of financial responsibility required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the fine on the condition that the person presents proof to the court each month for 12 months that the security required by NRS 485.185 is currently in effect.
5. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
6. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to subsection 1 or 2 of NRS 482.3212 [,] or NRS 482.396, 482.3965, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.
Sec. 10. Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 2358κ
Senate Bill No. 441Committee on Transportation
CHAPTER 624
AN ACT relating to motor vehicles; prohibiting the department of motor vehicles and public safety from renewing the registration of a motor vehicle if fines for certain traffic violations have not been paid; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Local authority has the meaning ascribed to it in NRS 484.079.
Sec. 3. 1. Except as otherwise provided in this section and section 4 of this act, the department shall not renew the registration of a motor vehicle if a local authority has filed with the department a notice of nonpayment pursuant to section 7 of this act and the registered owner of the vehicle has not paid the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4, unless, at or before the time for renewal of the registration, the registered owner pays that amount to the department.
2. The department shall renew the registration of a motor vehicle owned by a short-term lessor for which the department has received a notice of nonpayment pursuant to section 7 of this act without collecting the amount set forth in the notice if the short-term lessor submits to the department a certificate issued by a local authority pursuant to subsection 3.
3. A local authority shall, upon request, issue to a short-term lessor a certificate which requires the department to renew the registration of a vehicle owned by the short-term lessor without collecting the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to section 7 of this act, if the short-term lessor provides the local authority with the name, address and number of the drivers license of the short-term lessee who was leasing the vehicle at the time of the violation.
4. Except as otherwise provided in section 4 of this act, the department shall collect from each registered owner who pays to the department the amount set forth in the notice of nonpayment filed with the department by a local agency pursuant to section 7 of this act an administrative fee of $10, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of carrying out this section and section 4 of this act.
5. The department shall renew the registration of a motor vehicle for which the department has received a notice of nonpayment pursuant to section 7 of this act without collecting the amount set forth in the notice and the administrative fee imposed pursuant to subsection 4 if, before the expiration of the registration, the registered owner requests an extension of time for the payment of that amount and the administrative fee. If the registered owner fails to make such payment to the department within 90 days after the registration is renewed, the department shall rescind and cancel the registration of the motor vehicle.
κ1995 Statutes of Nevada, Page 2359 (CHAPTER 624, SB 441)κ
6. Upon the request of the registered owner of a motor vehicle, the department shall provide a copy of the notice of nonpayment filed with the department by the local agency pursuant to section 7 of this act.
Sec. 4. 1. If the registered owner of a motor vehicle pays to the department the amount set forth in the notice of nonpayment filed with the department by the local authority pursuant to section 7 of this act, the department shall:
(a) Issue to the registered owner a receipt which indicates that the amount set forth in the notice has been paid;
(b) Send, not later than 45 days after payment, a written notice to the local authority which filed the notice of nonpayment that the registered owner has paid the amount set forth in the notice;
(c) Remit the amount collected, except the administrative fee imposed pursuant to section 3 of this act, to the local authority which filed the notice of nonpayment within 30 days after the receipt of that amount; and
(d) If the registered owner has complied with the other requirements of this chapter, renew the registration of the vehicle.
2. If the registration of a vehicle which is identified in the notice of nonpayment filed with the department by a local authority pursuant to section 7 of this act is not renewed for two consecutive periods of registration, the department:
(a) Shall notify the local authority which filed the notice of nonpayment that the vehicle has not been registered; and
(b) Is not required to collect the amount set forth in that notice of nonpayment or the administrative fee required pursuant to section 3 of this act.
Sec. 5. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, [and] section 2 of [this act,] Assembly Bill No. 352 of this session and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185.
κ1995 Statutes of Nevada, Page 2360 (CHAPTER 624, SB 441)κ
Security may be provided by an operators policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.
(b) If required, evidence of compliance with standards for control of emissions.
3. The department shall insert in each application mailed pursuant to subsection 1 [the] :
(a) The amount of privilege tax to be collected for the county pursuant to the provisions of NRS 482.260.
(b) The amount set forth in a notice of nonpayment filed with the department by a local authority pursuant to section 7 of this act.
4. An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.
Sec. 7. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the registered owner of a motor vehicle fails to pay any civil penalty or criminal fine or any other charge imposed for any violation of the provisions of NRS 484.395 to 484.443, inclusive, including any civil penalty or criminal fine or other charge imposed pursuant to any ordinance of a local authority authorized by this chapter which covers the same subject matter as the provisions of NRS 484.395 to 484.443, inclusive, the local authority which imposed that fine or charge may file a notice of nonpayment with the department.
2. The notice must include:
(a) The time, place and date of each violation;
(b) The number of the license plate of the vehicle and the make and model year of the vehicle;
(c) The amount of the fine and any other charge imposed for each violation;
(d) The total amount of money owed to the local authority for all such violations; and
(e) Any other information the department may require.
3. Except as otherwise provided in sections 3 and 4 of this act, the department shall, upon receipt of such a notice, collect the amount set forth in the notice when it collects the applicable fees for the renewal of the registration of the vehicle.
4. The department shall adopt regulations which prescribe the form for the notice of nonpayment and any information which must be included in that notice.
Sec. 8. 1. Expenditure of $290,622 by the department of motor vehicles and public safety from the budget account for the central repository for Nevada records of criminal history in the state general fund is hereby authorized during the fiscal year beginning July 1, 1995, and ending June 30, 1996, to carry out the provisions of sections 3 and 4 of this act.
κ1995 Statutes of Nevada, Page 2361 (CHAPTER 624, SB 441)κ
Nevada records of criminal history in the state general fund is hereby authorized during the fiscal year beginning July 1, 1995, and ending June 30, 1996, to carry out the provisions of sections 3 and 4 of this act.
2. Expenditure of $316,640 by the department of motor vehicles and public safety from the budget account for the registration division of the department in the state highway fund is hereby authorized during the fiscal year beginning July 1, 1996, and ending June 30, 1997, to carry out the provisions of sections 3 and 4 of this act.
3. The money authorized to be expended pursuant to subsections 1 and 2 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. 9. Notwithstanding the provisions of section 4 of this act, the department of motor vehicles and public safety shall deduct and withhold $6, in addition to the administrative fee imposed pursuant to section 3 of this act, from the amount it collects from each registered owner of a motor vehicle that it would otherwise remit to a local authority pursuant to section 4 of this act.
Sec. 10. The department of motor vehicles and public safety shall account separately for the money it withholds pursuant to section 9 of this act and deposit that money with the state treasurer for credit to the budget account for the central repository for Nevada records of criminal history in the state general fund.
Sec. 11. 1. This act becomes effective upon passage and approval for the purposes of adopting the regulations required by section 7 of this act and authorizing any preliminary activities necessary to ensure that the provisions of this act are carried out in an orderly fashion, and for all other purposes:
(a) This section and section 8 of this act become effective on July 1, 1995.
(b) Sections 1 to 7, inclusive, 9 and 10 of this act become effective on July 1, 1996.
2. Section 8 of this act expires by limitation on June 30, 1997.
3. Section 9 of this act expires by limitation when the department of motor vehicles and public safety has deducted and withheld the total amount authorized for expenditure pursuant to subsection 1 of section 8 of this act.
________
κ1995 Statutes of Nevada, Page 2362κ
Assembly Bill No. 447Committee on Transportation
CHAPTER 625
AN ACT relating to the sale of motor vehicles; providing for the licensing and regulation of brokers; requiring a broker to maintain a trust account for deposits by prospective buyers; requiring the disclosure of certain information to prospective buyers; providing requirements for brokerage agreements; prohibiting a vehicle dealer from dealing directly with a prospective buyer of the broker regarding certain matters; eliminating the authority of a dealer to transfer the registrations of vehicles which are not subject to the payment of privilege taxes to other vehicles he holds for sale or resale; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Broker means a person who, for a fee or any other consideration, offers to provide to another person the service of arranging, negotiating or assisting in the purchase of a new or used vehicle which has not been registered by the broker.
Sec. 3. 1. A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address, and the address of his principal place of business;
(b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;
(c) Payment of a nonrefundable license fee of $125;
(d) For initial licensure, the submission of a complete set of the applicants fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and
(e) Any other information the department deems necessary.
A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.
2. An application for a brokers license may be denied and a brokers license may be suspended or revoked upon the following grounds:
(a) Conviction of a felony;
(b) Conviction of a gross misdemeanor;
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;
(d) Falsification of the application; or
(e) Any other reason determined by the director to be in the best interests of the public.
κ1995 Statutes of Nevada, Page 2363 (CHAPTER 625, AB 447)κ
3. If an application for a brokers license has been denied, the applicant may not reapply sooner than 6 months after the denial.
4. A brokers license must be posted in a conspicuous place on the premises of the brokers principal place of business.
5. If any information submitted in the application for a brokers license changes, the broker shall submit a written notice of the change to the department within 10 days.
6. Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 4. 1. Before a person may be licensed as a broker, he must procure and file with the department a good and sufficient bond in the amount of $50,000 with a corporate surety thereon licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a broker without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any broker who has been licensed as a broker for 5 years or more, allow a reduction in the amount of the bond if his business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.
2. The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond, but in no case may the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
3. The undertaking on the bond includes any fraud or fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensed broker who acts on behalf of the broker and within the scope of his employment.
4. The bond must provide that any person injured by the action of the broker or his employee in violation of any provision of this chapter may bring an action on the bond.
Sec. 5. No broker may intentionally cause to be published, displayed or circulated any advertisement, including any listing in a telephone directory, in which he is represented to be any type of vehicle dealer, unless he has obtained the appropriate license from the department as provided in this chapter.
Sec. 6. 1. Each broker shall open and maintain a separate trust account in a federally insured bank or savings and loan association in this state into which he shall deposit any money received from a prospective buyer as a deposit on a vehicle. A broker shall not:
(a) Commingle the money in the trust account with any money that is not a deposit on a vehicle.
(b) Use any money in the trust account to pay his operational expenses.
2. A broker shall not require the buyer of a vehicle to pay a deposit on a vehicle in an amount that exceeds 10 percent of the purchase price of the vehicle.
Sec. 7. The director shall, before renewing any license issued pursuant to section 3 of this act, consider the number and types of complaints, if any, received against a licensed broker by the department.
κ1995 Statutes of Nevada, Page 2364 (CHAPTER 625, AB 447)κ
Sec. 8. 1. Before commencing the provision of services to a prospective buyer, a broker shall execute a written brokerage agreement with the prospective buyer.
2. A brokerage agreement executed pursuant to subsection 1 must be in at least 10-point type and must include:
(a) The name, address, license number and telephone number of the broker.
(b) A complete description of the vehicle, including, but not limited to, the make, model, year and color of the vehicle.
(c) A specific statement of:
(1) The amount of the purchase price of the vehicle; and
(2) The date on which the brokerage agreement expires, if an agreement with a vehicle dealer to purchase a vehicle has not been signed.
(d) One of the following statements, as applicable for the particular transaction, printed in at least 10-point bold type and placed immediately below the statement required by paragraph (c):
(1) The broker does not receive a fee from the dealer which is selling this vehicle.
(2) The broker does receive a fee from the dealer which is selling this vehicle.
(e) A notice on the face of the brokerage agreement with a title in at least 14-point bold type and the text in at least 10-point bold type in substantially the following form:
NOTICE
This is an agreement to provide services; it is not an agreement for the purchase of a vehicle. The laws of the State of Nevada provide you with the following rights and protection:
1. Once you have signed this agreement, you have the right to cancel it and receive a full refund of any money that you paid under any of the following circumstances:
(a) The final price of the vehicle exceeds the purchase price stated in this agreement.
(b) The vehicle, upon delivery, does not match the description provided in this agreement.
(c) This agreement expired before you were presented with an agreement to purchase the vehicle from a dealer.
2. If you have paid a deposit to purchase the vehicle, you have the right to receive a full refund of that deposit at any time before you sign an agreement to purchase the vehicle with a dealer. The amount of any deposit to purchase a vehicle must not exceed 10 percent of the purchase price of the vehicle and must be deposited by the broker in a federally insured trust account.
3. If you are unable to resolve a dispute with your broker, please contact your local office of the department of motor vehicles and public safety.
(f) The date of execution of the brokerage agreement.
κ1995 Statutes of Nevada, Page 2365 (CHAPTER 625, AB 447)κ
(g) The signatures of the broker and the prospective buyer.
3. A broker shall retain copies of any brokerage agreement executed pursuant to this section for 3 years.
Sec. 9. If a prospective buyer enters into an exclusive written brokerage agreement with a broker pursuant to section 8 of this act and the broker facilitates the sale by a vehicle dealer of a vehicle to the prospective buyer, the vehicle dealer shall not:
1. Deal directly with the prospective buyer regarding the matter of the purchase price until at least 30 days after the expiration of the brokerage agreement; or
2. Otherwise interfere with or obstruct the performance of the brokerage agreement.
The vehicle dealer may deal directly with the prospective buyer on other matters relating to the sale of the vehicle, including, but not limited to, the terms of financing, purchase of extended warranties and insurance.
Sec. 10. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.137, inclusive, and section 2 of Assembly Bill No. 352 of this session and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 11. NRS 482.3161 is hereby amended to read as follows:
482.3161 1. A person shall not operate as a vehicle transporter in this state without a license issued by the department.
2. The provisions of NRS 482.316 to 482.3175, inclusive, do not apply to a manufacturer, distributor, dealer , broker or rebuilder licensed pursuant to the provisions of NRS 482.318 to 482.363, inclusive [.] , or section 3 of this act.
Sec. 12. NRS 482.318 is hereby amended to read as follows:
482.318 The legislature finds and declares that the distribution and sale of motor vehicles in the State of Nevada vitally affects the general economy of the state and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, new and used vehicle dealers, brokers, rebuilders, leasing companies, salesmen, and their representatives doing business in the State of Nevada in order to prevent frauds, impositions and other abuse upon its citizens.
Sec. 12.5. NRS 482.321 is hereby amended to read as follows:
482.321 1. Any dealer in vehicles in this state qualified to receive a dealers license is entitled to register in his name not more than 12 vehicles upon payment of the fees for registration and licensing as provided in this chapter. The dealer is not subject to the payment of privilege taxes on [these registrations, and may transfer the registrations to other vehicles he holds for sale or resale after payment of the fees for registration and for issuance of the certificate of title.] the registrations of those vehicles.
2. Vehicles so registered are subject to the payment of privilege taxes by the purchaser from the dealer at the time of their transfer to the purchaser.
3. The transferee of the vehicle is required to pay the fees for registration and privilege taxes before he is entitled to a transfer of the registration and title in his name.
κ1995 Statutes of Nevada, Page 2366 (CHAPTER 625, AB 447)κ
title in his name. The transferee shall apply for registration as provided in NRS 482.215.
4. This section does not apply to work or service vehicles.
Sec. 13. NRS 482.323 is hereby amended to read as follows:
482.323 1. Except as otherwise provided in subsections 2 and 3, every vehicle dealer shall maintain an established place of business in this state which:
(a) Includes a permanent enclosed building, owned in fee or leased, with sufficient space to display one or more vehicles which the dealer is licensed to sell; and
(b) Is principally used by the dealer to conduct his business.
2. Every used vehicle dealer, trailer dealer or semitrailer dealer shall maintain an established place of business in this state which has:
(a) Sufficient space to display one or more vehicles;
(b) Boundaries which are clearly marked; and
(c) A permanent enclosed building large enough to accommodate his office and provide a safe place to keep the books and other records of his business.
3. A short-term lessor must designate his principal place of business as his established place of business.
4. Every broker shall maintain an established place of business in this state which is in a permanent building with sufficient space to accommodate his office.
Sec. 14. NRS 482.3263 is hereby amended to read as follows:
482.3263 1. Every dealer and broker shall keep his books and records at his principal place of business and shall permit any authorized agent of the director or the State of Nevada to inspect and copy them during usual business hours.
2. A dealer or broker shall retain his books and records for 3 years after he ceases to be licensed as a dealer [.] or broker.
Sec. 15. Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person entitled by the terms of a manufacturers express warranty to enforce its obligations is responsible for notifying the manufacturer of any change in his residential address.
Sec. 16. NRS 597.600 is hereby amended to read as follows:
597.600 As used in NRS 597.600 to 597.680, inclusive, and section 15 of this act, unless the context otherwise requires:
1. Buyer means:
(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.
(b) Any person to whom the motor vehicle is transferred during the time a manufacturers express warranty applicable to the motor vehicle is in effect.
(c) Any other person entitled by the terms of the warranty to enforce its obligations.
2. Except as otherwise provided in this subsection motor vehicle has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles except for the purposes of NRS 597.680.
κ1995 Statutes of Nevada, Page 2367 (CHAPTER 625, AB 447)κ
Sec. 17. Section 10 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
Assembly Bill No. 415Committee on Taxation
CHAPTER 626
AN ACT relating to the tax on special fuel; requiring special fuel suppliers to collect the tax on special fuel from purchasers at the terminal rack; prohibiting special fuel exporters from selling or distributing special fuel in this state; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Rack means a deck, platform or open bay which consists of a series of metered pipes and hoses for delivering special fuel from a refinery or terminal into a motor vehicle, rail car or vessel.
Sec. 3. Special fuel exporter means a person, other than a special fuel supplier, who receives special fuel in this state and sells or distributes it outside this state.
Sec. 4. Terminal means a facility for the storage of special fuel which is supplied by a motor vehicle, pipeline or vessel and from which special fuel is removed for distribution at a rack.
Sec. 5. 1. Except as otherwise provided in subsection 2, a person shall not import, sell, distribute, use or store special fuel in this state to which dye has not been added pursuant to section 6 of this act or for which the tax imposed pursuant to NRS 366.190 has not been paid.
2. A special fuel supplier may import or store special fuel which has not been dyed and for which the tax imposed pursuant to NRS 366.190 has not been paid.
Sec. 6. 1. Special fuel which is exempt from the tax pursuant to subsection 1 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.
2. A person shall not operate or maintain on any highway in this state a motor vehicle which contains in the fuel tank of that vehicle special fuel which has been dyed.
3. There is a rebuttable presumption that all special fuel which has not been dyed and which is sold or distributed in this state is for the purpose of propelling a motor vehicle.
Sec. 7. 1. Except as otherwise provided in subsections 2 and 3, each special fuel supplier who sells or distributes special fuel to which dye has not been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to NRS 366.190.
κ1995 Statutes of Nevada, Page 2368 (CHAPTER 626, AB 415)κ
been added shall, at the time the special fuel is purchased, collect the tax imposed pursuant to NRS 366.190.
2. A special fuel supplier may sell special fuel to a purchaser without collecting the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel:
(a) Has been issued a permit by the department pursuant to section 10 of this act; and
(b) Elects to defer payment of the tax.
3. A special fuel supplier shall not collect the tax imposed pursuant to NRS 366.190 if the purchaser of the special fuel is:
(a) A special fuel supplier; or
(b) A special fuel exporter.
4. A special fuel supplier who sells special fuel to any other special fuel supplier shall keep such records of the transaction as the department may require. The department shall adopt regulations setting forth:
(a) The records which must be kept by the special fuel supplier pursuant to this subsection; and
(b) The period for which those records must be kept by the special fuel supplier.
5. If, within a period of 6 months, a person purchases not less than 200 gallons of special fuel in this state which is used for a purpose that is exempt from the payment of the tax on special fuel pursuant to NRS 366.200, he may apply to the department for a refund in the manner prescribed in subsection 6 of NRS 366.650.
Sec. 8. Each special fuel supplier shall, not later than the last day of each month:
1. Submit to the department a tax return which sets forth:
(a) The number of gallons of special fuel he received during the previous month;
(b) The number of gallons of special fuel he sold, distributed or used in this state during the previous month; and
(c) The number of gallons of special fuel he sold, distributed or used in this state in which dye was added during the previous month.
2. Pay to the department the tax imposed pursuant to NRS 366.190 on all special fuel sold, distributed or used during the previous month for which dye was not added in the manner prescribed in this chapter.
Sec. 9. Each special fuel exporter shall, not later than the last day of each month, submit to the department a written statement which sets forth:
1. The number of gallons of special fuel he received during the previous month;
2. The number of gallons of special fuel he sold or distributed outside this state;
3. The name and mailing address of each person to whom he sold or distributed special fuel outside this state; and
4. The number of gallons of special fuel he sold or distributed to each person to whom he sold or distributed special fuel outside this state.
Sec. 10. 1. A purchaser of special fuel who wishes to defer payment of the tax imposed pursuant to NRS 366.190 to the special fuel supplier until 25 days after the end of the month in which the fuel is purchased must apply for a permit to defer payment of the tax.
κ1995 Statutes of Nevada, Page 2369 (CHAPTER 626, AB 415)κ
days after the end of the month in which the fuel is purchased must apply for a permit to defer payment of the tax.
2. The department may require an applicant for a permit to defer payment of the tax imposed pursuant to NRS 366.190 to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this state as surety, payable to this state. The bond must indemnify the department against any deduction claimed pursuant to subsection 2 of NRS 366.540 by a special fuel supplier because of the principals failure to pay the tax as required by this chapter.
3. If a purchaser of special fuel:
(a) Has been issued a permit to defer the payment of the tax imposed pursuant to NRS 366.190; and
(b) Elects to defer payment of the tax,
he shall, not later than 25 days after the end of the month in which the fuel is purchased, pay the tax to the special fuel supplier by electronic transfer of money.
4. If a purchaser fails to make a payment to a special fuel supplier as required by this section, the department may:
(a) Revoke the purchasers permit;
(b) If the purchaser was required to provide a bond pursuant to subsection 2, require the purchaser to increase the amount of the bond; or
(c) Take any other action to ensure that the tax imposed pursuant to NRS 366.190 is paid.
5. The department shall notify each special fuel supplier in this state when it revokes a permit issued pursuant to this section.
6. The department shall adopt regulations to carry out the provisions of this section.
7. As used in this section, electronic transfer of money means any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape to order, instruct or authorize a financial institution or person holding an account on behalf of a purchaser of special fuel to debit an account.
Sec. 11. 1. Each special fuel supplier shall prepare and provide a record of shipment to each person who purchases more than 25 gallons of special fuel and transports the special fuel from the place of purchase. The record of shipment must include the:
(a) Place where the special fuel was purchased;
(b) Place to which the purchaser declares the special fuel will be transported;
(c) Number of gallons of special fuel transported;
(d) Color and concentration of the dye added to the special fuel, if any; and
(e) Name and address of the purchaser of the special fuel.
2. Each person who transports special fuel in this state shall:
(a) Keep the record of shipment required by subsection 1 in the vehicle in which the special fuel is transported until the special fuel is delivered to the purchaser; and
κ1995 Statutes of Nevada, Page 2370 (CHAPTER 626, AB 415)κ
(b) Upon request from a peace officer, allow the peace officer to inspect the record of shipment.
Sec. 12. 1. Every carrier, whether common, contract or private, except a special fuel supplier licensed pursuant to this chapter or a wholesale distributor transporting the products of a special fuel supplier licensed pursuant to this chapter, who transports special fuel in interstate commerce to or from any point within this state, or solely within this state, shall report to the department all deliveries of that special fuel.
2. A report must be made for each calendar month and must be filed within 25 days after the end of the month for which the report is made. The report must show:
(a) The name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made;
(b) The date of each delivery;
(c) The number of gallons of special fuel delivered for each delivery; and
(d) Such other information as the department may require.
3. The department or its authorized agents may examine the books and records of any carrier during business hours to determine whether the carrier is in compliance with the provisions of this section.
Sec. 13. A special fuel exporter shall not sell or distribute special fuel in this state. A special fuel exporter who violates the provisions of this section:
1. Is guilty of a misdemeanor; and
2. Shall, within the period prescribed in NRS 366.370, pay to the department the tax imposed pursuant to NRS 366.190 on all special fuel sold or distributed in this state.
Sec. 14. 1. The department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the state highway fund.
3. In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 15. NRS 366.020 is hereby amended to read as follows:
366.020 [Except where] As used in this chapter, unless the context otherwise requires, the [definitions given in this chapter govern the construction of this chapter.] words and terms defined in NRS 366.025 to 366.100, inclusive, and sections 2, 3 and 4 of this act, have the meanings ascribed to them in those sections.
Sec. 16. NRS 366.070 is hereby amended to read as follows:
366.070 Special fuel [dealer means any person in the business of handling special fuel who delivers any part thereof into the fuel supply tank or tanks of a motor vehicle not then owned or controlled by him. For this purpose the term fuel supply tank or tanks does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.]
κ1995 Statutes of Nevada, Page 2371 (CHAPTER 626, AB 415)κ
purpose the term fuel supply tank or tanks does not include cargo tanks even though fuel is withdrawn directly therefrom for propulsion of the vehicle.] supplier means a person who:
1. Imports or acquires immediately upon importation into this state special fuel from within or without a state, territory or possession of the United States or the District of Columbia into a terminal located in this state;
2. Produces, manufactures or refines special fuel in this state; or
3. Otherwise acquires for distribution in this state special fuel with respect to which there has been no previous taxable sale or use.
Sec. 17. NRS 366.100 is hereby amended to read as follows:
366.100 Use means [either the receipt, delivery or placing of special fuels by a special fuel dealer into the fuel supply tank or tanks of any motor vehicle not owned or controlled by him while such vehicle is within this state, or] the consumption by a special fuel user of special fuels in propulsion of a motor vehicle on the highways of this state.
Sec. 18. NRS 366.140 is hereby amended to read as follows:
366.140 1. Every special fuel [dealer,] supplier, special fuel user and every person [importing, manufacturing, refining, dealing in,] transporting or storing special fuel in this state shall keep such records, receipts, invoices and other pertinent papers with respect thereto as the department requires.
2. These records, receipts, invoices and other pertinent papers must be preserved intact for 36 months.
3. Any special fuel [dealer] supplier, special fuel exporter or special fuel user who:
(a) Fails to file the returns required pursuant to this chapter; or
(b) Files the returns required pursuant to this chapter and indicates that no taxable fuel was [delivered] sold, distributed or used or that he conducted no taxable operation,
shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.
4. The records, receipts, invoices and other pertinent papers must be available at all times during business hours to the department or its authorized agents.
Sec. 19. NRS 366.150 is hereby amended to read as follows:
366.150 1. The department or its [duly] authorized agents [are empowered:
(a) To examine] may:
(a) Examine the books, papers, records and equipment of any special fuel [dealer,] supplier, special fuel user or person [dealing in,] transporting or storing special fuel as defined in NRS 366.060; and
(b) [To investigate] Investigate the character of the disposition which any person makes of [such] that fuel,
[in order to ascertain and] to determine whether all excise taxes due [under] pursuant to this chapter are being properly reported and paid.
2. The fact that such books, papers, records and equipment are not maintained in this state at the time of demand shall not cause the department to lose any right of examination [under] pursuant to this chapter when and where [such] those books, papers, records and equipment become available.
κ1995 Statutes of Nevada, Page 2372 (CHAPTER 626, AB 415)κ
Sec. 20. NRS 366.160 is hereby amended to read as follows:
366.160 1. All records of mileage operated, origin and destination points within this state, equipment operated in this state, gallons or cubic feet consumed, and tax paid must at all reasonable times be open to the public.
2. All supporting schedules, invoices and other pertinent papers relative to the business affairs and operations of any special fuel [dealer] supplier or special fuel user, and any information obtained by an investigation of the records and equipment of any special fuel [dealer] supplier or special fuel user, shall be deemed confidential and must not be revealed [in whole or in part to anyone except in the necessary administration of] to any person except as necessary to administer this chapter or as otherwise provided by law.
Sec. 21. NRS 366.170 is hereby amended to read as follows:
366.170 The department may, upon request from officials to whom is entrusted the enforcement of the special fuel tax law of any other state, the District of Columbia, the United States, its territories [and possessions,] or possessions, or any foreign country, forward to [such] those officials any information which it may have relative to the receipt, storage, delivery, sale, use or other disposition of special fuel by any special fuel [dealer] supplier, special fuel exporter or special fuel user, [provided] if, such other state, district, territory [and] or possession furnishes [like] similar information to this state.
Sec. 22. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter, it is unlawful for any special fuel [dealer] supplier or special fuel user to sell or use special fuel within this state unless the special fuel [dealer] supplier or special fuel user is the holder of a special fuel [dealers] suppliers or special fuel users license issued to him by the department.
2. The department may adopt regulations relating to the issuance of any special fuel [dealers] suppliers or special fuel users license and the collection of fees therefor.
Sec. 23. NRS 366.240 is hereby amended to read as follows:
366.240 1. The department shall:
(a) Upon receipt of the application and bond in proper form, issue to the applicant a special fuel [dealers] suppliers license.
(b) Upon receipt of the application in proper form, issue to the applicant a special fuel users license.
2. The department may refuse to issue a special fuel [dealers] suppliers license or special fuel users license to any person:
(a) Who formerly held a special fuel [dealers] suppliers license which, before the time of filing the application, has been revoked for cause;
(b) Who applies as a subterfuge for the real party in interest whose license, before the time of filing the application, has been revoked for cause;
(c) Who, if he is a special fuel [dealer,] supplier, neglects or refuses to furnish a bond as required by this chapter; [or]
(d) Who is in default in the payment of a tax on special fuel in any other state, the District of Columbia, the United States, its territories or possessions, or any foreign country; or
(e) Upon other sufficient cause being shown.
κ1995 Statutes of Nevada, Page 2373 (CHAPTER 626, AB 415)κ
Sec. 24. NRS 366.250 is hereby amended to read as follows:
366.250 Any applicant whose application for a special fuel [dealers] suppliers license or special fuel users license has been denied may petition the department for a hearing. The department shall:
1. Grant the applicant a hearing.
2. [Give him at least 10 days] Provide to the person, not less than 10 days before the hearing, written notice of the time and place of the hearing.
Sec. 25. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel [dealers] suppliers license is valid until suspended or revoked for cause or otherwise canceled.
2. Each special fuel users license is valid for the calendar year unless suspended or revoked for cause or otherwise canceled.
3. [No special fuel dealers license or special fuel users license is transferable.] The license of a special fuel supplier or special fuel user is not transferable.
Sec. 26. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel [dealer] supplier or special fuel user within the state by reason of discontinuance, sale or transfer of his business, he shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee.
2. Surrender to the department the license [certificate] issued to him by the department.
3. If he is a special fuel user, file a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment are due on or before the last day of the month following the month of discontinuance, sale or transfer of the business.
4. If he is a special fuel [dealer,] supplier, file a monthly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and [366.385] section 8 of this act on or before the last day of the month following the month of discontinuance, sale or transfer of the business.
Sec. 27. NRS 366.350 is hereby amended to read as follows:
366.350 1. The department may revoke the license of any special fuel [dealer] supplier or special fuel user for reasonable cause.
2. Before revoking a license, the department shall send a notice by registered or certified mail to the licensee at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of [such] the notice and show cause why the license should not be revoked.
Sec. 28. NRS 366.360 is hereby amended to read as follows:
366.360 1. The department shall cancel any license to act as a special fuel [dealer] supplier or a special fuel user immediately upon the surrender thereof by the holder.
2. If a surety has lodged with the department a written request to be released and discharged of liability, the department shall immediately notify the special fuel [dealer] supplier who furnished the bond, and unless he files a new bond as required by the department within 30 days or makes a deposit in lieu thereof as provided in NRS 366.550, the department may cancel his license.
κ1995 Statutes of Nevada, Page 2374 (CHAPTER 626, AB 415)κ
lieu thereof as provided in NRS 366.550, the department may cancel his license.
3. If a special fuel [dealer] supplier becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by him, the department may cancel his license immediately.
Sec. 29. NRS 366.370 is hereby amended to read as follows:
366.370 1. Except as otherwise provided in subsection 4, the excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar quarter is due on or before the last day of the first month following the quarterly period to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.
3. Payment shall be [considered] deemed received on the date shown by the [post office] cancellation mark stamped by the United States Postal Service or the postal service of any other country upon an envelope containing payment properly addressed to the department.
4. A special fuel [dealer] supplier shall pay the tax imposed by this chapter at the time he files his monthly tax return pursuant to [NRS 366.385.] section 8 of this act.
Sec. 30. NRS 366.390 is hereby amended to read as follows:
366.390 1. The department shall allow each [dealer] special fuel supplier to retain an amount equal to 2 percent of the amount of the tax collected by [such dealer] the special fuel supplier as a fee for making [such] the collection.
2. If the special fuel for which the tax was collected by the special fuel supplier is sold to a purchaser who has been issued a permit pursuant to section 10 of this act, the special fuel supplier:
(a) Is entitled to retain one-half of the fee; and
(b) Shall distribute one-half of the fee to the purchaser. If the fuel is resold by that purchaser to another purchaser who has been issued a permit pursuant to section 10 of this act, the purchaser who sells the special fuel to the subsequent purchaser shall distribute to that subsequent purchaser one-half of the fee he received from the special fuel supplier.
Sec. 31. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person who fails to pay any excise tax, except taxes assessed pursuant to the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to the tax a penalty of 10 percent of the amount thereof, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.
2. Any person who fails to submit a quarterly or monthly tax return as required by the provisions of NRS 366.380 or [366.385,] section 8 of this act, respectively, or a statement as required by section 9 of this act, shall pay a penalty of $50 for each delinquent tax return, in addition to any other penalty provided by the provisions of this chapter.
3. A tax return or statement is considered delinquent when it has not been received by the department by the date the tax return or statement is due, as prescribed by the provisions of this chapter.
κ1995 Statutes of Nevada, Page 2375 (CHAPTER 626, AB 415)κ
Sec. 32. NRS 366.405 is hereby amended to read as follows:
366.405 1. If the department is not satisfied with the records or statements of, or with the amount of tax paid by, any person pursuant to the provisions of this chapter, it may make an additional or estimated assessment of tax due from that person based upon any information available to it. Every additional or estimated assessment bears interest at the rate of 2 percent per month, or fraction thereof, from the date the additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of this chapter or the regulations of the department adopted pursuant to those provisions, a penalty of 10 percent of the amount of the additional assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to those provisions, a penalty of 25 percent of the amount of the additional assessment must be added thereto.
3. The department shall give the person written notice of the additional assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. Except for reports filed pursuant to subsection 3 of NRS 366.140, every notice of additional assessment proposed to be assessed pursuant to the provisions of this chapter must be served within 36 months after the claimed erroneous report was filed.
4. If a special fuel user or special fuel [dealer] supplier refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary to enable it to determine that the amount of tax paid by the user or [dealer] supplier is correct, the additional or estimated assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.
5. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.
6. If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the departments decision may appeal the decision by submitting a written request to the department for [such] a hearing not later than 30 days after notice of the decision was mailed by the department. The department shall schedule an administrative hearing and provide to the petitioner [with 10 days] , not less than 10 days before the hearing, notice of the time and place of the hearing. The department may continue the hearing as [may be] it deems necessary.
7. The order of the department upon a petition becomes final 30 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
κ1995 Statutes of Nevada, Page 2376 (CHAPTER 626, AB 415)κ
Sec. 33. NRS 366.540 is hereby amended to read as follows:
366.540 1. The tax provided for by this chapter must be paid by special fuel [dealers] suppliers and special fuel users. A special fuel [dealer shall remit] supplier shall pay to the department the excise tax he collects from purchasers of special fuel [users] with the monthly return filed pursuant to [NRS 366.385] section 8 of this act. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the difference between the number of gallons purchased by the special fuel user and the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state . [, then subtracting the amount of tax paid to special fuel dealers.]
2. Except as otherwise provided in subsection 3, in computing the amount of tax on special fuel a special fuel supplier owes to the department, the special fuel supplier may deduct from the amount due pursuant to subsection 1 any amount which is due but has not been paid by a purchaser who is authorized by the department to defer payment of the tax pursuant to section 10 of this act. If such a deduction is claimed, the claim must identify the purchaser and the amount of taxes that he failed to pay.
3. A special fuel supplier shall not deduct from the amount he owes the department pursuant to subsection 1 any amount which has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of section 10 of this act if, before the special fuel was purchased, the special fuel supplier had been notified by the department pursuant to subsection 5 of section 10 of this act that it had revoked the purchasers permit.
Sec. 34. NRS 366.550 is hereby amended to read as follows:
366.550 1. An applicant for or holder of a special fuel [dealers] suppliers license shall provide a bond executed by him as principal, and by a corporation qualified [under] pursuant to the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond or bonds of any holder of a special fuel [dealers] suppliers license must be fixed by the department at not less than three times the estimated maximum monthly tax, determined in such a manner as the department deems proper, but the amount must not be less than $1,000. If the department determines that a person is habitually delinquent in the payment of amounts due to the department, it may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel [dealers] suppliers license affects the validity of any bond.
3. In lieu of a bond or bonds an applicant for or holder of a special fuel [dealers] suppliers license may deposit with the state treasurer, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.
κ1995 Statutes of Nevada, Page 2377 (CHAPTER 626, AB 415)κ
security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.
4. If the holder of a special fuel [dealers] suppliers license is required to provide a bond of more than $5,000, the department may reduce the requirements for the bond to not less than $5,000 upon the [dealers] suppliers faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.
5. The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel [dealers] suppliers license upon his:
(a) Lack of faithful performance of the requirements of this chapter; or
(b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.
Sec. 35. NRS 366.560 is hereby amended to read as follows:
366.560 Whenever any special fuel user or special fuel [dealer shall be] supplier is delinquent in the payment of any obligation imposed [under] pursuant to this chapter, the department may transmit notice of [such] the delinquency to the attorney general or the district attorney of the proper county, who shall proceed at once, by appropriate legal action, to collect all [sums] money due the state from [such] the special fuel user or special fuel [dealer.] supplier.
Sec. 36. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed [under] pursuant to this chapter, the excise tax, penalty or interest must be refunded to the person who paid the tax, penalty or interest. Except as otherwise provided in NRS 360.235, a written application for refund, stating the specific grounds therefor, must be made within 36 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds must be made to a successor, assignee, estate or heir of the person if written application is made within the time limit.
3. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel [dealer.] supplier.
4. All amounts refunded [under] pursuant to the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 706 of NRS and any balance may be refunded or credited to succeeding reports.
6. A person who wishes to apply for a refund of the tax on special fuel paid by him pursuant to subsection 5 of section 7 of this act must:
(a) Submit an application for the refund on a form prescribed by the department; and
κ1995 Statutes of Nevada, Page 2378 (CHAPTER 626, AB 415)κ
(b) Establish to the satisfaction of the department that within a period of 6 months he purchased not less than 200 gallons of special fuel in this state which was used for a purpose that is exempt from the tax on special fuel pursuant to NRS 366.200.
The department shall refund to an applicant who complies with the provisions of this subsection a refund in an amount equal to the tax paid by that person when he purchased the special fuel.
Sec. 37. NRS 366.660 is hereby amended to read as follows:
366.660 1. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection [under] pursuant to this chapter of any excise tax or other amount required to be collected.
2. After payment of any such excise tax or other amount under protest, [duly] verified and setting forth the grounds of objection to the legality thereof, filed with the department at the time of payment of the tax or other amount protested, the special fuel [dealer] supplier or special fuel user making the payment may bring an action against the state treasurer in the district court in and for Carson City for the recovery of the amount so paid under protest.
Sec. 38. NRS 366.715 is hereby amended to read as follows:
366.715 1. The department may seal [a special fuel pump if:
(a) A licensed special fuel dealer becomes] the metered pipes and hoses of a rack if a special fuel supplier:
(a) Becomes delinquent in payment of any amount due pursuant to the provisions of this chapter;
(b) [A special fuel dealer operates] Operates without the license required by the provisions of this chapter; or
(c) [A special fuel dealer is operating] Operates without the bond or cash deposit required by the provisions of this chapter.
2. The [pumps] metered pipes and hoses of the rack may be sealed until all required reports are filed, the tax, penalties and interest are paid in full, the required license is obtained and the bond or cash deposit is provided.
3. Before sealing [a pump,] the metered pipes and hoses of a rack, the department must send a notice by registered or certified mail to the licensed special fuel [dealer] supplier at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice and show cause why the [pump] metered pipes and hoses of the rack should not be sealed.
Sec. 39. NRS 366.720 is hereby amended to read as follows:
366.720 Any person who [shall:
1. Fail or refuse] :
1. Fails or refuses to pay the tax imposed by this chapter;
2. [Engage] Engages in business in this state as a special fuel user or special fuel [dealer] supplier without being the holder of [an uncanceled] a license to engage in [such] that business;
3. [Operate a motor vehicle which requires special fuel upon the highways of this state without a valid special fuel vehicle permit;
4. Fail] Fails to make any of the reports required by this chapter;
[5. Make]
κ1995 Statutes of Nevada, Page 2379 (CHAPTER 626, AB 415)κ
4. Makes any false statement in any application, report or statement required by this chapter;
[6. Refuse]
5. Refuses to permit the department or any [duly] authorized agent to examine records as provided by this chapter;
[7. Fail]
6. Fails to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this state as required by this chapter; or
[8. Make]
7. Makes any false statement in connection with an application for the refund of any [moneys] money or taxes provided in this chapter,
[shall be] is guilty of a misdemeanor.
Sec. 40. NRS 366.205, 366.290 and 366.385 are hereby repealed.
Sec. 41. Any person, other than a special fuel supplier, who has title to special fuel which is held in storage on January 1, 1996, and for which the tax required by NRS 366.190 has not been paid, shall, not later than February 1, 1996, pay to the department of motor vehicles and public safety the tax due on the special fuel held in storage on January 1, 1996. The payment of the tax must be accompanied by a statement which sets forth the number of gallons of special fuel which the person held in storage on January 1, 1996.
Sec. 42. This act becomes effective upon passage and approval, for the purpose of adopting the regulations necessary to carry out the provisions of this act and on January 1, 1996, for all other purposes.
________
Senate Bill No. 580Committee on Finance
CHAPTER 627
AN ACT relating to information services; authorizing installment purchase contracts for the purchase of equipment to upgrade the computer mainframe by the department of information services; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The department of information services may enter into contracts for the purchase of equipment to upgrade the mainframe of the computer. The contracts may include installment purchase agreements for the equipment which constitute a total debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $5,000,000. Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. Interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.
κ1995 Statutes of Nevada, Page 2380 (CHAPTER 627, SB 580)κ
least semiannually and the principal must be paid within 20 years after the date of passage of this act.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 577Committee on Finance
CHAPTER 628
AN ACT relating to public employees; making appropriations from the state general fund and the state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; increasing the salaries of certain employees; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in this act, to effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $11,349,049 and $11,829,419, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 68th session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the judicial branch, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 1995.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning July 1, 1996, and ending June 30, 1997, the sum of $7,451,856 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1996.
3. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. To effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal periods beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $1,728,434 and $1,895,619, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office as fixed by the 68th session of the legislature and the requirements for salaries of classified personnel of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1995.
κ1995 Statutes of Nevada, Page 2381 (CHAPTER 628, SB 577)κ
deficiencies which may exist between the appropriated money of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office as fixed by the 68th session of the legislature and the requirements for salaries of classified personnel of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1995.
2. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning July 1, 1996, and ending June 30, 1997, the sum of $1,199,784 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1996.
3. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the department of motor vehicles and public safety, the public service commission of Nevada and the attorney generals office under the adjusted pay plan.
Sec. 3. 1. To effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $2,522,617 and $2,585,682, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 68th session of the legislature and the requirements for salaries of the classified personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1995.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning July 1, 1996, and ending June 30, 1997, the sum of $1,600,272 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1996.
3. There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal years beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $5,903,468 and $6,051,054, respectively, for the purpose of increasing the salaries of the professional employees of the University and Community College System of Nevada, except those employees whose salaries have been retained, to become effective July 1, 1995.
4. There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the sum of $4,653,886 for the purpose of increasing salaries of professional employees of the University and Community College System of Nevada described in subsection 3.
κ1995 Statutes of Nevada, Page 2382 (CHAPTER 628, SB 577)κ
purpose of increasing salaries of professional employees of the University and Community College System of Nevada described in subsection 3.
5. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the University and Community College System of Nevada out of the money appropriated by subsections 1 and 2 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University and Community College System of Nevada under the adjusted pay plan.
Sec. 4. The money appropriated for fiscal years 1995-96 and 1996-97, in sections 1, 2 and 3 of this act is available for both fiscal years 1995-96 and 1996-97, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1997, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 5. 1. To effect increases in salaries of approximately 5 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal years beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $433,957 and $443,246, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 68th session of the legislature and the requirements for salaries of the employees of the legislative counsel bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 1995.
2. There is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the sum of $279,351 to provide a salary increase of approximately 3 percent to take effect July 1, 1996.
3. The money appropriated for fiscal years 1995-96 and 1996-97, in this section is available for both fiscal years 1995-96 and 1996-97, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.
Sec. 6. 1. Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 1995:
Approximate
Annual
Salary
Title or Position
Senior physician (Range A) ............................................... $89,340
Senior physician (Range B) ............................................... 96,933
Senior physician (Range C) ............................................... 100,480
Senior psychiatrist (Range A) ............................................ 96,933 Senior psychiatrist (Range B) 100,479
κ1995 Statutes of Nevada, Page 2383 (CHAPTER 628, SB 577)κ
Senior psychiatrist (Range B) ............................................ 100,479
Senior psychiatrist (Range C) ............................................ 114,220
State health officer (Range A) .......................................... 100,479
State health officer (Range B) .......................................... 102,365
State health officer (Range C) .......................................... 104,255
Senior institutional dentist (Range A) .............................. 79,232
Senior institutional dentist (Range B) .............................. 89,396
Medical director (State laboratory) .................................. 100,480
Veterinary diagnostician .................................................... 61,978
Senior veterinary diagnostician ........................................ 64,373
Veterinary epidemiologist .................................................. 66,896
Veterinary supervisor (Animal disease laboratory) ....... 66,896
As used in this section, a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
2. The maximum annual salary for the positions listed in subsection 1, except those whose salaries have been retained, shall be adjusted effective July 1, 1996, by the same percentage increase provided for state employees generally.
Sec. 7. The state board of examiners shall allocate from the amounts appropriated by section 1 of this act to the Tahoe Regional Planning Agency to provide for Nevadas share of a salary increase of the same percentage granted to classified employees of the State of Nevada which take effect on July 1, 1995, and July 1, 1996, the sum of no more than $32,015 for the fiscal year 1995-96 and the sum of no more than $54,904 for the fiscal year 1996-97.
Sec. 8. The department of personnel shall increase the level of compensation of all uniformed highway patrol positions by two grades on the classified employee compensation schedule effective July 1, 1995.
1. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal periods beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $1,428,863 and $1,472,569, respectively, for the purpose of increasing the level of compensation of all uniformed highway patrol positions paid from the state highway fund by two grades on the classified employee compensation schedule effective July 1, 1995.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1995, and ending June 30, 1996, and beginning July 1, 1996, and ending June 30, 1997, the sums of $26,282 and $26,377, respectively, for the purpose of increasing the level of compensation of all uniformed highway patrol positions paid from the state general fund by two grades on the classified employee compensation schedule effective July 1, 1995.
Sec. 9. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2384κ
Assembly Bill No. 741Committee on Ways and Means
CHAPTER 629
AN ACT relating to governmental financial administration; requiring the health division of the department of human resources to establish a perinatal care and obstetrical access pilot program; making an appropriation to the Canyon General Improvement District to repair damages caused by flooding; requiring the Clark County school district to establish a pilot program for the supervision of pupils before and after school; requiring the Clark County School District to establish a pilot program for the instruction of pupils whose primary language is not English; making various other appropriations from the state general fund; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The health division of the department of human resources shall establish a perinatal care and obstetrical access pilot program for women who reside in areas of Las Vegas which have been designated by the Federal Government as having a shortage of primary health care professionals and who are at a high risk of having health-related problems during pregnancy or during childbirth or of having babies with health-related problems.
2. The pilot program must include, without limitation:
(a) Community projects to encourage women to obtain perinatal care during the first trimester of pregnancy.
(b) Educational instruction for women and their partners to increase the likelihood that the women and their babies will remain healthy during pregnancy and after childbirth. Such instruction must be designed to be easily understood with consideration for varying cultural and sociological backgrounds.
(c) Nutritional counseling to help women to understand the importance of proper nutrition during the perinatal period for the health of women and their children.
(d) Community support services.
3. Any woman may obtain services through the pilot program. A person must not be denied services through the pilot program because of an inability to pay for the services. A determination of ability to pay must be based on a sliding fee scale approved by the appropriate federal agency and must be based on the persons household income.
Sec. 2. 1. The health division shall contract with an appropriate nonprofit organization in the community to provide the services for the pilot program created pursuant to section 1 of this act.
2. The nonprofit organization must be selected based on its ability to serve the women described in subsection 1 of section 1 of this act.
3. The health division shall monitor the nonprofit entity selected to ensure that it provides the appropriate services.
4. The health division and the nonprofit organization selected as the provider of services for the pilot program shall establish a methodology to determine the effectiveness of the pilot program. The methodology may consist of an evaluation of:
κ1995 Statutes of Nevada, Page 2385 (CHAPTER 629, AB 741)κ
(a) The percentage of women described in subsection 1 of section 1 of this act who obtain prenatal health care during the first trimester of pregnancy;
(b) The effect of the services provided through the pilot program on the rate of low birth weight in newborn babies;
(c) The satisfaction of the women who obtain services through the pilot program; and
(d) The number of women who use the services offered through the pilot program.
Sec. 3. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $100,000 for the establishment of the perinatal care and obstetrical access pilot program.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 1. There is hereby appropriated from the state general fund to the Canyon General Improvement District located in Lockwood, Nevada, the sum of $175,000 to repair damages caused by flooding.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. 1. The Clark County school district shall establish a pilot program for the supervision of pupils before and after school.
2. The school district shall designate 35 public schools within the district to participate in the pilot program. Not less than two-thirds of the schools designated must be schools that have been identified as enrolling the largest number of pupils at risk of failure in school.
Sec. 6. 1. There is hereby appropriated from the state general fund to the Clark County school district the sum of $800,000 for the pilot program for the supervision of pupils before and after school. The money appropriated pursuant to this section may be used only to pay for:
(a) The salaries and benefits of teachers and teachers aides who are hired to supervise pupils for the pilot program; and
(b) The costs of operating the pilot program, including, without limitation, the cost of food purchased for snacks for the pupils who participate in the pilot program.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. 1. In addition to the appropriation made pursuant to section 6 of this act for the pilot program for the supervision of pupils before and after school, the Clark County school district may accept money and services for the pilot program from other governmental entities and private sources.
2. The Clark County school district shall, on or before February 1, 1997, submit a report to the 69th session of the Nevada legislature which sets forth:
(a) Its expenditures for each fiscal year during the biennium of money appropriated pursuant to section 6 of this act;
(b) The number of employees hired for the pilot program and the hours and number of days that each employee worked;
κ1995 Statutes of Nevada, Page 2386 (CHAPTER 629, AB 741)κ
(c) The number and ages of the children who participated in the pilot program and the number of hours that each child was supervised by the pilot program; and
(d) Data pertaining to the academic achievement and performance of the children before and after participation in the program.
Sec. 8. 1. The Clark County school district shall, in cooperation with the department of education, establish a pilot program for the instruction of those pupils whose primary language is not English and whose:
(a) Proficiency in English is below the average level of proficiency of those pupils who are the same age or at the same grade level and whose primary language is English; and
(b) Ability to progress effectively in courses taught only in English is impaired by a lack of proficiency in English.
2. The pilot program may include, without limitation, methods of instruction which:
(a) Emphasize the acquisition of proficiency in English and recognize the importance of the native language and culture of the pupil;
(b) Increase contact between the school and the family of the pupil to assist the pupil and his family to acquire proficiency in English; and
(c) Emphasize instruction in English only.
3. The Clark County school district shall, in cooperation with the department of education, conduct an evaluation of the pilot program established pursuant to subsection 2 to determine which methods are more effective for instructing pupils whose primary language is not English. The evaluation must assess the proficiency in English of each pupil who participates in the pilot program pursuant to regulations adopted by the state board of education relating to the assessment of proficiency in English or any other method of assessment which the Clark County school district and the department of education consider appropriate to measure the pupils proficiency in English and in the core curriculum taught at his grade level.
4. The Clark County school district shall, on or before January 1, 1997, report to the department of education the results of the evaluation conducted pursuant to subsection 3. The department of education shall, on or before February 15, 1997, submit a report of its findings concerning the evaluation and any recommended legislation to the 69th session of the Nevada legislature.
Sec. 9. There is hereby appropriated from the state general fund to the Clark County school district the sum of $200,000 for the establishment of a pilot program for the instruction of pupils whose primary language is not English.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 10. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2387κ
Senate Bill No. 582Committee on Judiciary
CHAPTER 630
AN ACT relating to Statutes of Nevada 1995; making corrections to resolve conflicts among various bills of this session; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Senate Bill No. 362 of this session is hereby amended by adding a new section designated sec. 10, following sec. 9, to read as follows:
Sec. 10. Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1995.
Sec. 2. Section 1 of Senate Bill No. 393 of this session is hereby amended to read as follows:
Section 1. NRS 125.510 is hereby amended to read as follows:
125.510 1. In determining the custody of a minor child in an action brought under this chapter, the court may:
(a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties.
The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
2. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the courts own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a child must define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved. The order must include all specific times and other terms of the limited right of custody. As used in this subsection, sufficient particularity means a statement of the rights in absolute terms and not by the use of the term reasonable or other similar term which is susceptible to different interpretations by the parties.
κ1995 Statutes of Nevada, Page 2388 (CHAPTER 630, SB 582)κ
6. All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS and must contain the following language:
PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.
[6.] 7. Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.
Sec. 3. Sections 208, 232, 380 and 386 of Senate Bill No. 416 of this session are hereby amended to read as follows:
Sec. 208. NRS 176.185 is hereby amended to read as follows:
176.185 1. Whenever [any person has been] a person is found guilty in a district court of a crime upon verdict or plea, [the court,] except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the [defendant] person is found to be a habitual criminal pursuant to NRS 207.010 , [or] a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this [act, may by its order] session or a habitual felon pursuant to section 180 of this act, the court:
(a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the [convicted] person pursuant to NRS 193.130; or
(b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the [judge thereof] court deems advisable.
2. In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of this act.
3. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court.
κ1995 Statutes of Nevada, Page 2389 (CHAPTER 630, SB 582)κ
psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
[2.] 4. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.
[3. The district judge]
5. The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the [judge] court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than [30] 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within [30] 45 days the district judge may grant probation without the written report.
[4.] 6. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 232. NRS 213.005 is hereby amended to read as follows:
213.005 As used in NRS 213.010 to 213.100, inclusive, and section 231 of this act, unless the context otherwise requires:
1. Board means the state board of pardons commissioners.
2. Victim includes:
(a) A person , including a governmental entity, against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) [The surviving spouse, parents or children of such a person.] A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a relative of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
Sec. 380. Section 1 of Assembly Bill No. 396 of this session is hereby amended to read as follows:
Section 1. NRS 176.185 is hereby amended to read as follows:
176.185 1. [Whenever] Except as otherwise provided in this section, whenever a person is found guilty in a district court of a crime upon verdict or plea, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No.
κ1995 Statutes of Nevada, Page 2390 (CHAPTER 630, SB 582)κ
the suspension of sentence or the granting of probation is expressly forbidden, or where the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to section 2 of Assembly Bill No. 570 of this session or a habitual felon pursuant to section 180 of [this act,] Senate Bill No. 416 of this session, the court:
(a) If the person is found guilty of a category E felony, shall suspend the execution of the sentence imposed and grant probation to the person pursuant to NRS 193.130; or
(b) If the person is found guilty of any other felony, a gross misdemeanor or a misdemeanor, may suspend the execution of the sentence imposed and grant probation as the court deems advisable.
2. In determining whether to place a person on probation, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to sections 197 to 204, inclusive, of [this act.] Senate Bill No. 416 of this session.
3. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.
4. If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.
5. The court shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the court receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 45 days following a request for a probation investigation from the county clerk, but if a report is not submitted by the chief parole and probation officer within 45 days the district judge may grant probation without the written report.
6. If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.
Sec. 386. Sections 2 and 4 of Assembly Bill No. 93 of this session are hereby amended to read as follows:
Sec. 2. NRS 209.429 is hereby amended to read as follows:
209.429 1. The director [may, at the request of an offender who has:
(a) Established a position of employment in the community; and
(b) Successfully completed the initial period of rehabilitation required under the program of treatment established pursuant to NRS 209.425, assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.]
κ1995 Statutes of Nevada, Page 2391 (CHAPTER 630, SB 582)κ
assign the] shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence [.] if:
(a) The offender has:
(1) Established a position of employment in the community;
(2) Enrolled in a program for education or rehabilitation; or
(3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
If an offender assigned to the program of treatment pursuant to subsection 3 of NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
3. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper.
κ1995 Statutes of Nevada, Page 2392 (CHAPTER 630, SB 582)κ
such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purpose of NRS 209.341, an assignment to a facility of the department of prisons,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
5. A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, and section 3 of this act, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
Sec. 4. NRS 213.371 is hereby amended to read as follows:
213.371 As used in NRS 213.371 to 213.410, inclusive, and section 3 of this act, unless the context otherwise requires:
1. Division means the division of parole and probation of the department of motor vehicles and public safety.
2. Offender means a prisoner assigned to the custody of the division pursuant to NRS 209.429 or section 27 of [this act.] Assembly Bill No. 317 of this session.
3. Residential confinement means the confinement of an offender to his place of residence under the terms and conditions established by the division.
Sec. 4. Sections 8, 26, 41, 43 and 54 of Assembly Bill No. 317 of this session are hereby amended to read as follows:
Sec. 8. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court [must] shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and [must] shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
κ1995 Statutes of Nevada, Page 2393 (CHAPTER 630, SB 582)κ
court [must] shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and [must] shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the childs drivers license for not more than 2 years. If the child does not possess a drivers license, the court may prohibit the child from applying for a drivers license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(2) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the drivers license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
κ1995 Statutes of Nevada, Page 2394 (CHAPTER 630, SB 582)κ
other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.
[(f)] (j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
[(g)] (k) Require the child to provide restitution to the victim of the crime which the child has committed.
[(h)] (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, [it] the court shall include the finding in its order and may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public [.] or the child.
3. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
4. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
5. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 26. NRS 207.010 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 2395 (CHAPTER 630, SB 582)κ
207.010 1. Unless the person is prosecuted pursuant to section 180 of [this act] Senate Bill No. 416 of this session or section 2 of Assembly Bill No. 570 of this session, a person convicted in this state of [any] :
(a) Any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who [:
(a) Has] has previously been two times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.
(b) [Has] Any felony involving the use or threatened use of force or violence against the victim, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or the intent to defraud is an element, is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
Sec. 41. Section 1 of Assembly Bill No. 125 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state.
κ1995 Statutes of Nevada, Page 2396 (CHAPTER 630, SB 582)κ
shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the childs drivers license for not more than 2 years. If the child does not possess a drivers license, the court may prohibit the child from applying for a drivers license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(2) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the drivers license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
κ1995 Statutes of Nevada, Page 2397 (CHAPTER 630, SB 582)κ
rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of [a] :
(1) A public organization to work on public projects ;
(2) A public agency to work on projects to eradicate graffiti; or [a]
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsection 1 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
3. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
4. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency.
κ1995 Statutes of Nevada, Page 2398 (CHAPTER 630, SB 582)κ
its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
5. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 43. Section 1 of Assembly Bill No. 297 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
κ1995 Statutes of Nevada, Page 2399 (CHAPTER 630, SB 582)κ
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the childs drivers license for not more than 2 years. If the child does not possess a drivers license, the court may prohibit the child from applying for a drivers license for not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(2) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
If the court issues an order suspending the drivers license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulations pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
κ1995 Statutes of Nevada, Page 2400 (CHAPTER 630, SB 582)κ
child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in [subsection] subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
[3.] 4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
[4.] 5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the childs educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
[5.] 6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 54. 1. This section and sections 1 to 13, inclusive, 15 to 20, inclusive, 22, 23, 24, 27, 29, 30 to 38, inclusive, 41, 42 to 48, inclusive, and 50 to 53, inclusive, become effective on July 1, 1995.
2. Sections 14, 21, 39, 40 and 49 of this act become effective at 12:01 a.m. on July 1, 1995.
3. Section 26 of this act becomes effective at 12:02 a.m. on July 1, 1995.
κ1995 Statutes of Nevada, Page 2401 (CHAPTER 630, SB 582)κ
Sec. 5. Sections 2, 5, 8, 11, 15 to 19, inclusive, 26 and 28 of Assembly Bill No. 393 of this session are hereby amended to read as follows:
Sec. 2. 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:
(a) For the first offense:
(1) Require him to perform 100 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his drivers license for not more than 1 year or, if he does not possess a drivers license, prohibit the child from applying for a drivers license for not more than 1 year:
(I) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(II) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
(b) For the second offense:
(1) Require him to perform at least 100 hours, but not more than 250 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and
(2) Suspend his drivers license for not more than 2 years or, if he does not possess a drivers license, prohibit the child from applying for a drivers license for not more than 2 years:
(I) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(II) After the date he becomes eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
2. If the court issues an order suspending the drivers license of a child pursuant to this section, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
3. If, pursuant to this section, the court issues an order delaying the ability of a child to apply for a drivers license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order.
4. If a child is already the subject of a court order suspending or delaying the issuance of his drivers license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.
5. The department of motor vehicles and public safety:
(a) Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the childs driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
κ1995 Statutes of Nevada, Page 2402 (CHAPTER 630, SB 582)κ
(b) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section, unless the suspension also resulted from his poor performance as a driver.
Sec. 5. NRS 62.385 is hereby amended to read as follows:
62.385 1. When a child applies for a drivers license, the department of motor vehicles and public safety shall notify the child of the provisions of paragraph (h) of subsection 1 of NRS 62.211 , [and] NRS 62.226 [.] and section 2 of this act.
2. After providing the notice pursuant to subsection 1, the department shall require the child to sign an affidavit acknowledging that he is aware that his drivers license may be suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [.] or section 2 of this act.
Sec. 8. NRS 179.121 is hereby amended to read as follows:
179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in:
(a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering;
(b) The commission of any crime by a criminal gang, as defined in section 3 of [this act;] Assembly Bill No. 385 of this session; or
(c) A violation of NRS 200.465, 202.265, 202.287 or 465.070 to 465.085, inclusive,
is subject to forfeiture.
2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287 , 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;
(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness; [and]
(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.
κ1995 Statutes of Nevada, Page 2403 (CHAPTER 630, SB 582)κ
3. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
Sec. 11. NRS 202.287 is hereby amended to read as follows:
202.287 1. A person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:
(a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010; or
(b) A peace officer while engaged in the performance of his official duties.
[3. As used in this section, motor vehicle means every vehicle which is self-propelled.]
Sec. 15. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
κ1995 Statutes of Nevada, Page 2404 (CHAPTER 630, SB 582)κ
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 or section 2 of this act which delays his privilege to drive.
Sec. 16. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
κ1995 Statutes of Nevada, Page 2405 (CHAPTER 630, SB 582)κ
permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has, pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [,] or section 2 of this act, ordered the suspension or delay in issuance of a childs license, the department shall take such actions as are necessary to carry out the courts order.
Sec. 17. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in subsection 2, after a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a drivers license has been suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [,] or section 2 of this act, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. A driver who violates a condition of a restricted license issued under subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
4. The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
κ1995 Statutes of Nevada, Page 2406 (CHAPTER 630, SB 582)κ
5. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 18. NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211 , [and] subsection 4 of NRS 62.226 [,] and subsection 5 of section 2 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a persons ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 19. NRS 483.580 is hereby amended to read as follows:
483.580 A person shall not cause or knowingly permit his child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if his license is suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211 , [or] NRS 62.226 [.] or section 2 of this act.
Sec. 26. Sections 7, 17 and 18 of Assembly Bill No. 374 of this session are hereby amended to read as follows:
Sec. 7. NRS 62.226 is hereby amended to read as follows:
62.226 1. Except as otherwise provided in subsection 3, whenever any child is found to have committed the unlawful act of:
(a) Using, possessing, selling or distributing a controlled substance; [or]
(b) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020 [,] ; or
(c) Placing graffiti on or otherwise defacing the public or private property, real or personal, of another, in violation of NRS 206.125 or section 3 of this act,
the judge, or his authorized representative, may, if the child possesses a drivers license, issue an order suspending the childs drivers license for not more than 2 years. If such an order is issued, the judge shall require the child to surrender to the court all drivers licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order.
2. If the child does not possess a drivers license and the child is or will be eligible to apply for a drivers license within the 2 years immediately following the date of the order, the judge, or his authorized representative, may issue an order prohibiting the child from applying for a drivers license for a period specified by the court but not to exceed 2 years:
κ1995 Statutes of Nevada, Page 2407 (CHAPTER 630, SB 582)κ
representative, may issue an order prohibiting the child from applying for a drivers license for a period specified by the court but not to exceed 2 years:
(a) Immediately following the date of the order, if the child is eligible to apply for a drivers license.
(b) After the date the child will be eligible to apply for a drivers license, if the child is not eligible to apply for a license on the date of the order.
The court shall, within 5 days after issuing the order, forward to the department a copy of the order.
3. If a child is already the subject of a court order suspending or delaying the issuance of his drivers license, the court shall order the additional suspension or delay, as appropriate, to apply consecutively with the previous order.
4. The department of motor vehicles and public safety [shall not:
(a) Treat] :
(a) Shall not treat such an unlawful act in the manner statutorily required for moving traffic violations.
(b) [Report] Shall report a suspension pursuant to this section to an insurance company or its agent inquiring about the childs driving record [.
(c) Require] but such a suspension must not be considered for the purpose of rating or underwriting.
(c) Shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this section unless the suspension also resulted from his poor performance as a driver.
Sec. 17. NRS 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.267 and 483.270.
(b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period during which he is not eligible for a license.
3. To any person whose license has been suspended, but, upon good cause shown to the administrator, the department may issue a restricted license to him or shorten any period of suspension.
4. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.
κ1995 Statutes of Nevada, Page 2408 (CHAPTER 630, SB 582)κ
5. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless he has successfully passed the examination.
6. To any person when the administrator has good cause to believe that by reason of physical or mental disability that person would not be able to drive a motor vehicle with safety upon the highways.
7. To any person who is not a resident of this state.
8. To any child who is the subject of a court order issued pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or section 2 of [this act] Assembly Bill No. 393 of this session which delays his privilege to drive.
9. To any person who is the subject of a court order issued pursuant to section 3 of this act which suspends or delays his privilege to drive until the expiration of the period of suspension or delay.
Sec. 18. NRS 483.460 is hereby amended to read as follows:
483.460 1. Except as otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.
(2) A third or subsequent violation within 7 years of NRS 484.379.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.
2. The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.
κ1995 Statutes of Nevada, Page 2409 (CHAPTER 630, SB 582)κ
3. When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The department shall revoke the license, permit or privilege of a driver who is required to install a device pursuant to NRS 484.3943 but operates a motor vehicle without such a device:
(a) For 1 year if it is his first such offense during the period of required use of the device.
(b) For 5 years if it is his second such offense during the period of required use of the device.
5. When the department is notified that a court has [, pursuant] :
(a) Pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or section 2 of [this act,] Assembly Bill No. 393 of this session, ordered the suspension or delay in issuance of a childs license [,] ; or
(b) Pursuant to section 3 of this act, ordered the suspension or delay in issuance of a persons license,
the department shall take such actions as are necessary to carry out the courts order.
Sec. 28. 1. This section and sections 1, 3, 4, 6, 7, 9, 10, 12, 13, 14, 20 to 25, inclusive, and 27 of this act become effective on July 1, 1995.
2. Sections 2, 5, 8, 11, 15 to 19, inclusive, and 26 of this act become effective at 12:02 a.m. on July 1, 1995.
Sec. 6. Sections 2 and 3 of Assembly Bill No. 425 of this session are hereby amended to read as follows:
Sec. 2. NRS 483.490 is hereby amended to read as follows:
483.490 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, after a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
2. After a drivers license has been suspended pursuant to paragraph (h) of subsection 1 of NRS 62.211, NRS 62.226 or section 2 of [this act,] Assembly Bill No. 393 of this session, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
κ1995 Statutes of Nevada, Page 2410 (CHAPTER 630, SB 582)κ
restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) If applicable, to and from school.
3. After a drivers license has been suspended pursuant to section 1 of this act, the department may issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) If applicable, to and from work or in the course of his work, or both; and
(b) To receive regularly scheduled medical care for himself or a member of his immediate family; and
(c) If applicable, as necessary to exercise a court-ordered right to visit a child.
4. A driver who violates a condition of a restricted license issued [under] pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
[4.] 5. The periods of suspensions and revocations [under] required pursuant to this chapter and [under] NRS 484.384 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.
[5.] 6. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 3. NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in paragraph (h) of subsection 1 of NRS 62.211, subsection 4 of NRS 62.226 , [and] subsection 5 of section 2 of [this act,] Assembly Bill No. 393 of this session and section 1 of this act, set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a persons ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 7. 1. Sections 14, 21, 23, 24, 29, 30, 39, 40, 42, 45, 46, 47 and 49 of Assembly Bill No. 317 of this session are hereby repealed.
κ1995 Statutes of Nevada, Page 2411 (CHAPTER 630, SB 582)κ
2. Sections 4, 23 and 25 of Assembly Bill No. 393 of this session are hereby repealed.
Sec. 8. This act becomes effective on June 30, 1995.
________
Senate Bill No. 566Committee on Transportation
CHAPTER 631
AN ACT relating to public transportation; providing an exemption from the tax on special fuels for sales of such fuel for use in motor vehicles which are part of a system of public transportation in an urban area; providing an exemption for such vehicles from the vehicle privilege tax; expanding the public transportation services which may be provided by a regional transportation commission; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.200 is hereby amended to read as follows:
366.200 1. The sale or use of special fuel for any purpose other than to propel a motor vehicle upon the public highways of Nevada is exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection applies only in those cases where the purchasers or the users of special fuel establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to propel a motor vehicle upon the public highways of Nevada.
2. Sales made to the United States Government or any instrumentality thereof are exempt from the tax imposed by this chapter.
3. Sales made to any state, county, municipality, district or other political subdivision thereof are exempt from the tax imposed by this chapter.
4. Sales made to any person to be used to propel a [bus] motor vehicle which is [a] dedicated for exclusive use as part of a system which:
(a) Operates [buses on regular routes and fixed schedules] motor vehicles for public transportation in an urban area;
(b) Transports persons who pay the established fare; and
(c) Uses public money to operate the system or acquire new equipment, are exempted from the tax imposed by this chapter.
Sec. 2. NRS 371.100 is hereby amended to read as follows:
371.100 1. The privilege tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada, or to vehicles for whose operation money is provided by the state or Federal Government and which are operated solely for the transportation of or furnishing services to elderly or handicapped persons, or to the emergency vehicles owned by any volunteer fire department or volunteer ambulance service based in this state.
κ1995 Statutes of Nevada, Page 2412 (CHAPTER 631, SB 566)κ
2. Any vehicle which ceases to be used exclusively for the purpose for which it is exempted from the privilege tax by this section becomes immediately subject to that tax.
3. Except as otherwise provided in subsection 4, vehicles exempted from the privilege tax by this section which are leased, loaned or otherwise made available to and used by a private person, association or corporation in connection with a business conducted for profit are subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.
4. Vehicles which are used by a private person [, in connection with] and are dedicated for exclusive use as part of a system [of buses] which:
(a) Operates [on regular routes and fixed schedules] vehicles for public transportation in an urban area;
(b) Transports persons who pay the established fare; and
(c) Uses public money to operate the system or acquire new equipment, are exempted from the privilege tax imposed by this chapter.
Sec. 3. NRS 373.117 is hereby amended to read as follows:
373.117 1. A regional transportation commission may establish or operate a public transit system [of bus transportation] consisting of regular routes and fixed schedules to serve the public.
2. A regional transportation commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system . [of public transit.]
3. In a county whose population is less than 400,000, such a system may also provide service which includes:
(a) Minor deviations from regular routes and fixed schedules on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.
(b) The transporting of persons upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the public service commission of Nevada pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the public service commission for a fully regulated carrier.
4. As used in this section:
(a) Fully regulated carrier means a common carrier or contract carrier of passengers or household goods who is required to obtain from the public service commission of Nevada a certificate of public convenience and necessity or a contract carriers permit and whose rates, routes and services are subject to regulation by the commission.
(b) Public transit system means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.
Sec. 4. NRS 706.401 is hereby amended to read as follows:
706.401 An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of [bus transportation consisting of regular routes and fixed schedules to serve the public.]
κ1995 Statutes of Nevada, Page 2413 (CHAPTER 631, SB 566)κ
to operate a system of [bus transportation consisting of regular routes and fixed schedules to serve the public.] public transportation.
Sec. 5. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 634Assemblymen Giunchigliani, Buckley, Bache, Lambert, Manendo, Tripple, Chowning, Humke, Anderson, Stroth, Ernaut, Perkins, Harrington, Schneider, Steel, Fettic, Goldwater, Ohrenschall, Freeman, Arberry, Krenzer, Braunlin, Brower, Spitler, de Braga and Williams
CHAPTER 632
AN ACT relating to mentally ill persons; requiring a petition for the involuntary court-ordered admission of a minor to a mental health facility to include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition; reducing the time within which a petition for the involuntary court-ordered admission of a person into a mental health facility must be heard if the person is detained in a mental health facility at the time when the petition is filed; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433A.200 is hereby amended to read as follows:
433A.200 1. A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or registered nurse, by an accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:
[1.] (a) By a certificate of a physician or licensed psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others; or
[2.] (b) By a sworn written statement by the petitioner that:
[(a)] (1) The petitioner has probable cause to believe that the person is mentally ill and, because of that illness is likely to harm himself or others; and
[(b) That the]
(2) The person has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.
2. If the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, the petition must, in addition to the certificate or statement required by subsection 1, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.
κ1995 Statutes of Nevada, Page 2414 (CHAPTER 632, AB 634)κ
Sec. 2. NRS 433A.210 is hereby amended to read as follows:
433A.210 A petition filed with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.150 must include:
1. A certified copy of the application made pursuant to NRS 433A.160 with respect to the person detained; [and]
2. A petition executed by a psychiatrist, licensed psychologist [,] or physician certifying that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others [.] ; and
3. If the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.
Sec. 3. NRS 433A.220 is hereby amended to read as follows:
433A.220 1. Immediately after he receives any petition filed [under] pursuant to NRS 433A.200 or 433A.210, the clerk of the district court shall transmit the petition to the appropriate district judge, who shall set a time and place for its hearing, which date must be [within] :
(a) Within 14 calendar days [from the time] after the date on which the petition is received by the clerk ; or [from]
(b) If at the time the petition is received by the clerk the subject of the petition was admitted to a hospital or public or private mental health facility pursuant to NRS 433A.160, [whichever is less.] within 5 judicial days after the date on which the petition is received by the clerk.
2. The court shall give notice of the petition and of the time and place of any proceedings thereon to the subject of the petition, his attorney, if known, the petitioner, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses and the administrative office of any public or private mental health facility in which the subject of the petition is detained.
Sec. 4. NRS 433A.240 is hereby amended to read as follows:
433A.240 1. After the filing of a petition to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.200 or 433A.210, the court shall promptly cause two or more physicians or licensed psychologists, one of whom must always be a physician, to examine the person alleged to be mentally ill, or request an evaluation by an evaluation team from the division of the person alleged to be mentally ill.
2. To conduct the examination of a person who is not at a mental health facility under emergency admission pursuant to NRS 433A.150, the court may order a peace officer to take the person into protective custody and transport him to a mental health facility or hospital where he may be detained until a hearing is had upon the petition.
3. Unless the person is admitted under an emergency admission pursuant to NRS 433A.150, he may be allowed to remain in his home or other place of residence pending an ordered examination or examinations and to return to his home or other place of residence upon completion of the examination examinations.
κ1995 Statutes of Nevada, Page 2415 (CHAPTER 632, AB 634)κ
examinations. The person may be accompanied by one or more of his relations or friends to the place of examination.
4. [Each] Except as otherwise provided in this subsection, each physician and licensed psychologist who examines a person pursuant to subsection 1 shall, not later than 48 hours before the hearing set pursuant to NRS 433A.220, submit to the court in writing a summary of his findings and evaluation regarding the person alleged to be mentally ill. If the person alleged to be mentally ill is admitted under an emergency admission pursuant to NRS 433A.150, the written findings and evaluation must be submitted to the court not later than 24 hours before the hearing set pursuant to paragraph (b) of subsection 1 of NRS 433A.220.
Sec. 5. The amendatory provisions of this act apply only to petitions for involuntary court-ordered admissions of persons into mental health facilities which are filed on or after October 1, 1995.
________
Assembly Bill No. 621Committee on Judiciary
CHAPTER 633
AN ACT relating to children; revising the provisions governing the enforcement of an obligation for the support of a child and the procedure for establishing paternity; facilitating coverage of children under policies and other forms of health insurance and medical services provided by employers; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 125B.150 is hereby amended to read as follows:
125B.150 1. The district attorney of the county of residence of the child or a [nonsupporting] parent who does not have physical custody of the child shall take such action as is necessary to establish parentage of the child and locate and take legal action , including the establishment or adjustment of an obligation of support, against a [deserting or nonsupporting parent of] parent who has a duty to support the child when requested to do so by the custodial parent or a public agency which provides assistance to the parent or child. If the court for cause transfers the action to another county, the clerk of the receiving court shall notify the district attorney of that county, and that district attorney shall proceed to prosecute the cause of action and take such further action as is necessary to establish parentage and to establish or adjust the obligation of support and to enforce the payment of support pursuant to this chapter or chapter 31A, 126, 130 or 425 of NRS.
2. In a county where the district attorney has deputies to aid him in the performance of his duties, the district attorney shall designate himself or a particular deputy as responsible for performing the duties imposed by subsection 1.
κ1995 Statutes of Nevada, Page 2416 (CHAPTER 633, AB 621)κ
3. [The] Except as otherwise provided in NRS 126.101, the district attorney and his deputies do not represent the parent or the child in the performance of their duties pursuant to this chapter and chapter 31A, 126, 130 or 425 of NRS, but are rendering a public service as representatives of the state.
4. [Except as otherwise provided in subsections 5 and 6, a privilege between lawyer and client arises between the parent or child to whom the public service is rendered and the district attorney.
5.] Officials of the welfare division of the department of human resources are entitled to access to the information obtained by the district attorney if that information is relevant to the performance of their duties. The district attorney or his deputy shall inform each person who provides information pursuant to this section concerning the limitations on the [privilege] confidentiality between lawyer and client under these circumstances.
[6.] 5. Disclosures of criminal activity by a parent or child are not [privileged.
7.] confidential.
6. The district attorney shall inform each parent who applies for his assistance in this regard that a procedure is available to collect unpaid support from any refund owed to the [deserting or nonsupporting] parent who has a duty to support the child because an excessive amount of money was withheld to pay his federal income tax. The district attorney shall submit to the welfare division all documents and information it requires to pursue such a collection if:
(a) The applicant is not receiving public assistance.
(b) The district attorney has in his records:
(1) A copy of the order of support for a child and any modifications of the order which specify their date of issuance and the amount of the ordered support;
(2) A copy of a record of payments received or, if no such record is available, an affidavit signed by the custodial parent attesting to the amount of support owed; and
(3) The current address of the custodial parent.
(c) From the records in his possession, the district attorney has reason to believe that the amount of unpaid support is not less than $500.
Before submitting the documents and information to the welfare division, the district attorney shall verify the accuracy of the documents submitted relating to the amount claimed as unpaid support and the name and social security number of the [deserting or nonsupporting parent.] parent who has a duty to support the child. If the district attorney has verified this information previously, he need not reverify it before submitting it to the welfare division.
[8.] 7. The welfare division shall adopt such regulations as are necessary to carry out the provisions of subsection [7.] 6.
Sec. 2. NRS 126.051 is hereby amended to read as follows:
126.051 1. A man is presumed to be the natural father of a child if:
(a) He and the childs natural mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated by death, annulment, declaration of invalidity or divorce, or after a decree of separation is entered by a court.
κ1995 Statutes of Nevada, Page 2417 (CHAPTER 633, AB 621)κ
(b) He and the childs natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.
(c) Before the childs birth, he and the childs natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is invalid or could be declared invalid, and:
(1) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 285 days after its termination by death, annulment, declaration of invalidity or divorce; or
(2) If the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation.
(d) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child.
(e) Blood tests made pursuant to NRS 126.121 show a probability of 99 percent or more that he is the father.
(f) At any time he acknowledges or admits his paternity of the child in a writing filed with the state registrar of vital statistics.
2. The state registrar of vital statistics shall promptly inform the natural mother of the filing of an acknowledgment, and the presumption is nullified if she disputes the acknowledgment in a writing filed with the registrar within 60 days after this notice is given. Each acknowledgment filed must be maintained by the registrar in a sealed confidential file until it is consented to by the mother and any other presumed father. This does not preclude access by an appropriate state official incident to his official responsibility concerning the parentage of the child. The acknowledgment must not be made public unless the mother affirmatively consents to the acknowledgment or a court adjudicates parentage. Each acknowledgment must be signed by the person filing it, and contain:
(a) The name and address of the person filing the acknowledgment;
(b) The name and last known address of the mother of the child; and
(c) The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born.
If another man is presumed under this section to be the childs father, acknowledgment of paternity may be effected only with the written consent of the presumed father or after the presumption has been rebutted by a court decree. Acknowledgment by both parents as to the parentage of a child makes the child legitimate from birth, and the birth must be documented as provided in chapter 440 of NRS.
3. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.
4. The department of human resources shall develop a form for acknowledging paternity. The department shall distribute the form to each office of the division of child and family services of the department, each child-placing agency licensed pursuant to chapter 127 of NRS and each hospital in this state.
κ1995 Statutes of Nevada, Page 2418 (CHAPTER 633, AB 621)κ
agency licensed pursuant to chapter 127 of NRS and each hospital in this state.
Sec. 3. NRS 126.101 is hereby amended to read as follows:
126.101 1. The child must be made a party to the action. If he is a minor, he must be represented by his general guardian or a guardian ad litem appointed by the court. The childs mother or father may not represent the child as guardian or otherwise. If a district attorney brings an action pursuant to NRS 125B.150 , [in which the welfare division of the department of human resources is to act as guardian ad litem,] the district attorney shall [notify the welfare division of the impending action. Upon such notice, the welfare division shall] act as guardian ad litem for the child without the need for court appointment [.] , if the interests of the child are adequately represented by the appointment of the district attorney. If the interests of the child are not adequately represented by the appointment, the welfare division of the department of human resources must be appointed as guardian ad litem in the case.
2. The natural mother [, each] and a man presumed to be the father under NRS 126.051 [, and each man alleged to be the natural father] must be made parties [.] , but if more than one man is presumed to be the natural father, only a man presumed pursuant to subsection 3 of NRS 126.051 is an indispensable party. Any other presumed or alleged father may be made a party.
3. The court may align the parties.
Sec. 4. NRS 126.105 is hereby amended to read as follows:
126.105 Whenever service of process is required in an action brought under this chapter to determine the existence or nonexistence of the [father and child] paternal relationship, it may be made pursuant to Rule 4 of N.R.C.P. or by [registered] certified mail , restricted delivery, with proof of actual receipt.
Sec. 5. NRS 126.121 is hereby amended to read as follows:
126.121 1. The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more tests for the typing of blood or taking of specimens for genetic identification to be made by qualified physicians or other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever such a test is ordered and made, the results of the test must be received in evidence and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. Unless a party files a written objection to the result of a test at least 30 days before the hearing at which the result is to be received in evidence, the result is admissible as evidence of paternity without foundational testimony or other proof of authenticity or accuracy. The order for such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition or written interrogatories.
2. If any party refuses to submit to or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.
κ1995 Statutes of Nevada, Page 2419 (CHAPTER 633, AB 621)κ
3. The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts or qualified laboratories.
4. In all cases, the court shall determine the number and qualifications of the experts and laboratories.
Sec. 6. NRS 126.151 is hereby amended to read as follows:
126.151 1. An action under this chapter is a civil action governed by the Nevada Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Subsections 3 and 4 of NRS 126.111 and NRS 126.121 and 126.131 apply.
2. In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning that mans sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court blood tests the results of which [do not exclude the possibility of his paternity] show a probability less than 99 percent that he is the father of the child. [A man who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.]
3. The trial must be by the court without a jury, unless any party demands a jury trial within 20 days following the filing of a pretrial recommendation.
Sec. 7. NRS 126.161 is hereby amended to read as follows:
126.161 1. [The] A judgment or order of [the] a court , or entered pursuant to an expedited process, determining the existence or nonexistence of the [parent and child] relationship of parent and child is determinative for all purposes.
2. If the judgment or order [of the court] is at variance with the childs birth certificate, the [court shall order] judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive.
3. If the child is a minor, the judgment or order must provide for his support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of wages and commissions for the payment of the support unless:
(a) One of the parties demonstrates and good cause is found by the court or pursuant to an expedited process for the postponement of the withholding or assignment; or
(b) All parties otherwise agree in writing.
4. The judgment or order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation [privileges] with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.
5. The judgment or order may direct the father to pay the reasonable expenses of the mothers pregnancy and confinement. The court may limit the fathers liability for past support of the child to the proportion of the expenses already incurred which the court deems just.
κ1995 Statutes of Nevada, Page 2420 (CHAPTER 633, AB 621)κ
6. As used in this section, expedited process means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state to facilitate the collection of an obligation for the support of a child.
Sec. 8. NRS 128.050 is hereby amended to read as follows:
128.050 1. The proceedings must be entitled, In the matter of the parental rights as to ................, a minor.
2. A petition must be verified and may be upon information and belief. It must set forth plainly:
(a) The facts which bring the child within the purview of this chapter.
(b) The name, age and residence of the child.
(c) The names and residences of his parents.
(d) The name and residence of the person or persons having physical custody or control of the child.
(e) The name and residence of his legal guardian, if there [be] is one.
(f) The name and residence of the childs nearest known relative residing within the state, if no parent or guardian can be found.
(g) Whether the child is known to be an Indian child.
3. If any of the facts required by subsection 2 are not known by the petitioner, the petition must so state.
4. If the petitioner is a mother filing with respect to her unborn child, the petition must so state and must contain the name and residence of the father or putative father, if known.
5. If the petitioner or the child is receiving public assistance, the petition must so state.
Sec. 9. NRS 128.060 is hereby amended to read as follows:
128.060 1. After a petition has been filed, unless the party or parties to be served voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if that person desires to oppose the petition.
2. The following persons must be personally served with the notice:
(a) The father or mother of the minor person, if residing within this state, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of the father or mother is not known to the petitioner, then the nearest known relative of that person, if there is any residing within the state, and if his residence and relationship are known to the petitioner; and
(b) The minors legal custodian or guardian, if residing within this state and if his place of residence is known to the petitioner.
3. If the petitioner or the child is receiving public assistance, the petitioner shall mail a copy of the notice of hearing and a copy of the petition to the chief of the child enforcement program of the welfare division of the department of human resources by registered or certified mail return receipt requested at least 45 days before the hearing.
Sec. 10. NRS 130.160 is hereby amended to read as follows:
130.160 1. When the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the [obligee] requester a fee of not more than $20 [for an application.]
κ1995 Statutes of Nevada, Page 2421 (CHAPTER 633, AB 621)κ
fee of not more than $20 [for an application.] for an initial action or adjustment or modification of an order of support. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.
2. When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.
3. All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the countys program for the enforcement of support obligations.
4. A responding court shall not require the posting of any bond, written undertaking, or security by the [obligee,] requester, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the [obligee,] requester, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in party by the obligor. Such fees and costs may not be assessed against the state or any political subdivision thereof. These costs or fees do not have priority over amounts due to the [obligee.] requester.
Sec. 11. NRS 130.220 is hereby amended to read as follows:
130.220 1. If the responding court finds a duty of support on the basis of a prior decree or other obligation at law, it shall order the obligor to furnish support or reimbursement therefor as required by chapter 125B of NRS and subject the property of the obligor to that order. The amount of support the obligor is directed to pay must be determined in accordance with NRS 125B.070 and 125B.080. Support orders made pursuant to this chapter may impose a greater or lesser amount of support than any previous order of another court obligating the same person for support of the same child. An order issued by a court of another state may be modified only if the order is registered pursuant to NRS 130.330 to 130.370, inclusive. Support orders made pursuant to this chapter must:
(a) Except as otherwise provided in subsection 2, include an order directing the withholding of wages and commissions for the payment of the support unless:
(1) One of the parties demonstrates and good cause is found by the court for the postponement of withholding; or
(2) All parties otherwise agree in writing; and
(b) Require that payments be made to the clerk of the court of the responding state or other appropriate agency or office.
2. If the complaint is based upon an order of a court for support of a child that is delinquent in an amount equal to the amount the responsible parent has been ordered to pay as support for a 30-day period, the exceptions provided in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for the withholding of wages and commissions.
κ1995 Statutes of Nevada, Page 2422 (CHAPTER 633, AB 621)κ
in paragraph (a) of subsection 1 are not applicable and the court shall issue an order for the withholding of wages and commissions.
3. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Sec. 12. NRS 130.280 is hereby amended to read as follows:
130.280 [1. A support order made by a court of this state pursuant to this chapter does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar law or any other law, regardless of priority of issuance.
2.] Amounts paid for a particular period pursuant to any support order made by the court of another state must be credited against the amounts accruing or accrued for the same period under any support order made by the court of this state pursuant to a proceeding under this chapter. Arrearages which have accrued [prior to] before the issuance of an order of a court of this state in a proceeding under this chapter must be computed in a like manner.
Sec. 13. NRS 3.415 is hereby amended to read as follows:
3.415 To the extent necessary to comply with the requirements of the Federal Government concerning the enforcement of the obligation of support of a child, to avoid jeopardizing the receipt by the welfare division of money from the Federal Government and to avoid subjecting the welfare division to other sanctions by the Federal Government, the disposition of cases to establish [or enforce] an obligation for support of a child must:
1. Be [90] 75 percent completed within [90 days] 6 months after service of the notice of the proceedings; and
2. Be [98] 90 percent completed within [6] 12 months after the service of the notice of the proceedings . [; and
3. Be completed within 1 year after the service of the notice of the proceeding.]
Sec. 14. NRS 31A.350 is hereby amended to read as follows:
31A.350 1. If a court orders a parent to obtain health insurance for his child and the parent fails to comply with the order, the enforcing authority shall mail to the parents employer or labor organization by certified mail, a notice requiring the employer or organization to enroll the child in the plan of health insurance provided for his employees or its members. The notice must include:
(a) The parents name and social security number;
(b) A statement that the parent has been required by an order of the court to obtain and maintain health insurance for his child;
(c) The name, date of birth and social security number for the child; and
κ1995 Statutes of Nevada, Page 2423 (CHAPTER 633, AB 621)κ
(d) A statement that any assistance needed to complete the enrollment of the child in a plan of health insurance may be obtained from the parents of the child and the enforcing authority.
2. No enforcing authority may mail or cause to be mailed a notice to enroll pursuant to subsection 1 unless:
(a) The enforcing authority first notifies the parent by certified mail at his last known address of its intent to seek enrollment of the child; and
(b) The parent fails, within 15 days after the notice is mailed, to provide written proof to the enforcing authority that:
(1) The parent has enrolled the child in a plan of health insurance required by the order of the court; or
(2) The coverage required by the order of the court was not available at a reasonable cost for more than 30 days before the date on which the notice was mailed.
3. Except as otherwise provided in this subsection, upon receipt of a notice to enroll, mailed pursuant to subsection 1, the employer or labor organization shall enroll the child named in the notice in the plan of health insurance provided for his employees or its members. [If enrollment is not open when the notice is received, the child must be enrolled as soon as the next period of enrollment is open.] The child must be enrolled without regard to any restrictions upon periods for enrollment. If more than one plan is offered by the employer or labor organization, and each plan may be extended to cover the child, the child must be enrolled in the parents plan. If the parents plan cannot be extended to cover the child, the child must be enrolled in the plan with the least expensive option for providing coverage for a dependent that is otherwise available to the parent, subject to the eligibility requirements of that plan. An employer, labor organization, health maintenance organization or other insurer is not required to enroll the child in a plan of health insurance if the child is not otherwise eligible to be enrolled in that plan. If the child is not eligible to be enrolled in the parents plan of health insurance, the employer or labor organization shall notify the enforcing authority.
4. After the child is enrolled in a plan of health insurance, the premiums required to be paid by the parent for the childs coverage may be deducted from the parents wages. If the parents wages are not sufficient to pay for those premiums, the employer or labor organization shall notify the enforcing authority.
5. A notice to enroll sent pursuant to subsection 1 has the same effect as an enrollment application signed by the parent. No employer or labor organization may refuse to enroll a child because a parent has not signed an enrollment application.
6. If the requirements of subsection 2 have been complied with, a subsequent notice to enroll shall be sent to future employers of the parent or to other labor organizations to which the parent belongs. Any employer or labor organization receiving such a notice shall comply with the provisions of this section.
7. An employer or labor organization shall, without liability to the parent, provide to the enforcing authority, upon request, information about the name of the insurer and the number of the parents policy of health insurance.
κ1995 Statutes of Nevada, Page 2424 (CHAPTER 633, AB 621)κ
8. The enforcing authority may withhold wages or other income and require withholding of state tax refunds whenever the responsible parent has received payment from the third party and not used the payment to reimburse the other parent or provider to the extent necessary to reimburse the Medicaid agency.
9. The remedy provided by this section is in addition to, and is not a substitute for, any other remedy available for the enforcement of such an order.
Sec. 15. NRS 425.350 is hereby amended to read as follows:
425.350 1. A parent has duties to support his children which include any duty arising by law or under a court order.
2. If a court order specifically provides that no support for a child is due, the order applies only to those facts upon which the decision was based.
3. By accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support from any other person which the applicant or recipient may have in his own behalf or in behalf of any other member of the family for whom the applicant or recipient is applying for or receiving assistance. Rights to support include, but are not limited to, accrued but unpaid payments for support and payments for support to accrue during the period for which assistance is provided. The amount of the assigned rights to support must not exceed the amount of public assistance provided or to be provided. [The] If a court order exists for the support of a child on whose behalf public assistance is received, the division shall attempt to notify [the] a located responsible parent as soon as possible after assistance begins that the child is receiving public assistance. If there is no court order for support, the division shall with service of process serve notice on the responsible parent in the manner prescribed in subsection 2 of NRS 425.3822 within 90 days after the date on which the responsible parent is located.
4. The recipient shall be deemed, without the necessity of signing any document, to have appointed the administrator as his attorney in fact with power of substitution to act in his name and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.
5. The rights of support assigned under subsection 3 constitute a debt for support owed to the division by the responsible parent. The debt for support is enforceable by any remedy provided by law. The division, through the prosecuting attorney, may also represent the recipient when the amount of the rights of support exceeds the amount of the debt for support.
6. The assignment provided for in subsection 3 is binding upon the responsible parent upon service of notice of the assignment. After notification, payments by the responsible parent to anyone other than the division must not be credited toward the satisfaction of the debt for support. Service of notice is complete upon:
(a) The mailing, by first-class mail, of the notice to the responsible parent at his last known address;
(b) Service of the notice in the manner provided for service of civil process; or
κ1995 Statutes of Nevada, Page 2425 (CHAPTER 633, AB 621)κ
(c) Actual notice.
Sec. 16. NRS 425.360 is hereby amended to read as follows:
425.360 1. Any payment of public assistance pursuant to this chapter creates a debt for support to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance. [A debt for support created by a payment for assistance under this chapter is an amount equal to the least of:
(a) The amount of assistance paid;
(b) The amount due under any court order for support; or
(c) If there is no court order for support, or if the court order provides that no support is due and the facts upon which the order is based have changed, the amount due under the formula adopted by the division by regulation or under any written agreement between the division and a responsible parent.]
2. The division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support and may prosecute or maintain any action for support or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance [.] from any liable third party, including an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167 (1)), service benefit plan, or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is entitled to the amount of the debt created by that judgment to the extent of public assistance paid, and the judgment awarded shall be deemed to be in favor of the division. This entitlement applies but is not limited to a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.
3. If there is no court order for support, or if the order provides that no support is due but the facts on which the order was based have changed, the amount due is the amount computed pursuant to NRS 125B.070 and 125B.080, using the Nevada average wage, determined by the employment security division of the department of employment, training and rehabilitation, if the gross income of the responsible parent cannot be otherwise ascertained.
4. Debts for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.
Sec. 17. NRS 425.3822 is hereby amended to read as follows:
425.3822 1. If there is no court order concerning support of a child entered against the parent from whom support is sought, the chief may issue a notice and finding of financial responsibility after:
(a) The division is assigned the right to support;
(b) The division makes a payment of public assistance;
κ1995 Statutes of Nevada, Page 2426 (CHAPTER 633, AB 621)κ
(c) The program receives an application for services for enforcement pursuant to NRS 125B.150 from a person who is not a recipient of public assistance; or
(d) The program receives a written request for enforcement of an obligation for support from an agency of another state that is responsible for administering the Federal Child Support Enforcement Act (42 U.S.C. §§ 651 et seq.).
2. The notice must be served upon the parent in the manner prescribed for service of summons in a civil action or by certified mail, restricted delivery . [, with proof of actual receipt by the parent.] A notice that involves the establishment of paternity must be served pursuant to Rule 4 of the Nevada Rules of Civil Procedure or by certified mail, restricted delivery . [, with proof of actual receipt by the parent.]
Sec. 18. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Before discharging an unmarried woman who has borne a child, a hospital or obstetric center shall provide:
1. To the childs mother and father, the opportunity to complete, in the hospital, an affidavit acknowledging paternity.
2. To the mother and, if available, the father:
(a) Written materials about establishing paternity;
(b) The forms necessary to acknowledge paternity voluntarily;
(c) A written description of the rights and responsibilities of acknowledging paternity; and
(d) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information and answer questions about the establishment of paternity.
Sec. 19. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
If an employer provides benefits for health care to his employees and the benefits include coverage of the employees family, the employer shall:
1. Permit an employee who is required by the order of a court or administrative tribunal to provide health coverage for his child to enroll the child for coverage as a member of his family without regard to a restriction on periods of enrollment applicable to the employee.
2. If the parent so required is enrolled for coverage but does not apply to enroll the child, permit the childs other parent or the welfare division of the department of human resources to enroll the child.
3. Not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
4. Withhold from the employees wages, and pay to the insurer if the employer is not self-insured, the employees share, if any, of the cost of the coverage provided for the child but not more than the amount of withholding for insurance permitted by federal law or regulation.
κ1995 Statutes of Nevada, Page 2427 (CHAPTER 633, AB 621)κ
5. The purpose of this section is to ensure that children are promptly enrolled in a program of health insurance provided by the responsible parent and that the health insurance is maintained. The remedies provided in this section are cumulative and in addition to any other remedy provided by law to the extent they are not inconsistent with the provisions of chapters 31A, 125B, 130 and 425 of NRS.
Sec. 20. Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 21 to 25, inclusive, of this act.
Sec. 21. As used in sections 21 to 25, inclusive, of this act, unless the context otherwise requires:
1. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
2. Order for medical coverage means an order of a court or administrative tribunal to provide coverage under a policy of health insurance to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
Sec. 22. 1. An insurer shall not, when considering eligibility for coverage or making payments under a policy of health insurance, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.
2. To the extent that payment has been made by Medicaid for health care, an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), service benefit plan, health maintenance organization or other organization that has issued a policy of health insurance:
(a) Shall treat Medicaid as having a valid and enforceable assignment of an insureds benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any right of a recipient of Medicaid to reimbursement against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
(b) Covered by a policy of health insurance,
the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.
Sec. 23. An insurer shall not deny the enrollment of a child pursuant to an order for medical coverage, under a policy of health insurance pursuant to which a parent of the child is insured, on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
κ1995 Statutes of Nevada, Page 2428 (CHAPTER 633, AB 621)κ
3. Does not reside with the parent or within the insurers geographic area of service.
Sec. 24. If a child has coverage under a policy of health insurance pursuant to which a noncustodial parent of the child is insured, the insurer issuing that policy shall:
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider of health care to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider of health care or an agency of this or another state responsible for the administration of Medicaid.
Sec. 25. If a parent is required by an order for medical coverage to provide coverage under a policy of health insurance for a child and the parent is eligible for coverage of members of his family under a policy of health insurance, the insurer that issued the policy:
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 26. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 27 to 31, inclusive, of this act.
Sec. 27. As used in sections 27 to 31, inclusive, of this act, unless the context otherwise requires:
1. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
2. Order for medical coverage means an order of a court or administrative tribunal to provide coverage under a group health policy to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
κ1995 Statutes of Nevada, Page 2429 (CHAPTER 633, AB 621)κ
Sec. 28. 1. An insurer shall not, when considering eligibility for coverage or making payments under a group health policy, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.
2. To the extent that payment has been made by Medicaid for health care, an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), health maintenance organization or other organization that has issued a group health policy:
(a) Shall treat Medicaid as having a valid and enforceable assignment of an insureds benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid to reimbursement against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
(b) Covered by a group health policy,
the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.
Sec. 29. An insurer shall not deny the enrollment of a child pursuant to an order for medical coverage under a group health policy pursuant to which a parent of the child is insured, on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
3. Does not reside with the parent or within the insurers geographic area of service.
Sec. 30. If a child has coverage under a group health policy pursuant to which a noncustodial parent of the child is insured, the health insurer issuing that policy shall:
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider of health care to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider of health care or an agency of this or another state responsible for the administration of Medicaid.
Sec. 31. If a parent is required by an order for medical coverage to provide coverage under a group health policy for a child and the parent is eligible for coverage of members of his family under a group health policy, the insurer that issued the policy:
κ1995 Statutes of Nevada, Page 2430 (CHAPTER 633, AB 621)κ
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 32. NRS 689B.033 is hereby amended to read as follows:
689B.033 1. All group health insurance policies providing coverage on an expense-incurred basis and all employee welfare plans providing medical, surgical or hospital care or benefits established or maintained for employees or their families or dependents, or for both, must as to the family members coverage provide that the health benefits applicable for children are payable with respect to:
(a) A newly born child of the insured from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the insured for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The policies must provide the coverage specified in subsection 3 and must not exclude premature births.
2. The policy or contract may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required premium or fees, if any, must be furnished to the insurer or welfare plan within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
3. The coverage for newly born and adopted children and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
κ1995 Statutes of Nevada, Page 2431 (CHAPTER 633, AB 621)κ
major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
4. An insurer shall not restrict the coverage of a dependent child adopted or placed for adoption solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to the group health policy.
Secs. 33-40. (Deleted by amendment.)
Sec. 41. Chapter 695A of NRS is hereby amended by adding thereto the provisions set forth as sections 42 to 48, inclusive, of this act.
Sec. 42. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
Sec. 43. Order for medical coverage means an order of a court or administrative tribunal to provide coverage under a certificate for health benefits to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
Sec. 44. 1. A society shall not, when considering eligibility for coverage or making payments under a certificate for health benefits, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.
2. To the extent that payment has been made by Medicaid for health care, a society:
(a) Shall treat Medicaid as having a valid and enforceable assignment of an insureds benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by its certificate for health benefits, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any reimbursement rights of a recipient of Medicaid against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
(b) Covered by a certificate for health benefits,
the society that issued the health policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the certificate.
Sec. 45. A society shall not deny the enrollment of a child pursuant to an order for medical coverage under a certificate for health benefits pursuant to which a parent of the child is insured, on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
3. Does not reside with the parent or within the societys geographic area of service.
κ1995 Statutes of Nevada, Page 2432 (CHAPTER 633, AB 621)κ
Sec. 46. If a child has coverage under a certificate for health benefits pursuant to which a noncustodial parent of the child is insured, the society issuing that certificate shall:
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider of health care to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider of health care or an agency of this or another state responsible for the administration of Medicaid.
Sec. 47. If a parent is required by an order for medical coverage to provide coverage under a certificate for health benefits for a child and the parent is eligible for coverage of members of his family under a certificate for health benefits, the society that issued the certificate:
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the society has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 48. 1. If a person:
(a) Adopts a dependent child; or
(b) Assumes and retains a legal obligation for the total or partial support of a dependent child in anticipation of adopting the child,
while the person is eligible for group coverage under a certificate for health benefits, the society issuing that certificate shall not restrict the coverage of the child solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that policy.
2. For the purposes of this section, child means a person who is under 18 years of age at the time of his adoption or the assumption of a legal obligation for his support in anticipation of his adoption.
Sec. 49. NRS 695A.001 is hereby amended to read as follows:
695A.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695A.003 to 695A.044, inclusive, and sections 42 and 43 of this act have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 2433 (CHAPTER 633, AB 621)κ
sections 42 and 43 of this act have the meanings ascribed to them in those sections.
Sec. 50. Chapter 695B of NRS is hereby amended by adding thereto the provisions set forth as sections 51 to 55, inclusive, of this act.
Sec. 51. As used in sections 51 to 55, inclusive, of this act, unless the context otherwise requires:
1. Contract means a contract for hospital, medical or dental services issued pursuant to this chapter.
2. Corporation means a corporation organized pursuant to this chapter.
3. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
4. Order for medical coverage means an order of a court or administrative tribunal to provide coverage under a contract to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
Sec. 52. 1. A corporation shall not, when considering eligibility for coverage or making payments under a contract, consider the availability of, or any eligibility of a person for, medical assistance under Medicaid.
2. To the extent that payment has been made by Medicaid for health care, a corporation:
(a) Shall treat Medicaid as having a valid and enforceable assignment of benefits of a subscriber or policyholder or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its subscriber or policyholder.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
(b) Covered by a contract,
the corporation that issued the contract shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the same contract.
Sec. 53. A corporation shall not deny the enrollment of a child pursuant to an order for medical coverage under a contract pursuant to which a parent of the child is insured, on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
3. Does not reside with the parent or within the corporations geographic area of service.
Sec. 54. If a child has coverage under a contract pursuant to which a noncustodial parent of the child is insured, the corporation issuing that contract shall:
κ1995 Statutes of Nevada, Page 2434 (CHAPTER 633, AB 621)κ
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider of health care to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider of health care or an agency of this or another state responsible for the administration of Medicaid.
Sec. 55. If a parent is required by an order for medical coverage to provide coverage for a child and the parent is eligible for family coverage under a contract, the corporation that issued the contract:
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the corporation has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 56. NRS 695B.193 is hereby amended to read as follows:
695B.193 1. All individual and group service or indemnity-type contracts issued by a nonprofit corporation which provide coverage for a family member of the subscriber must as to such coverage provide that the health benefits applicable for children are payable with respect to:
(a) A newly born child of the subscriber from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the subscriber for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The contracts must provide the coverage specified in subsection 3, and must not exclude premature births.
2. The contract may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption, and payments of the required fees, if any, must be furnished to the nonprofit service corporation within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
κ1995 Statutes of Nevada, Page 2435 (CHAPTER 633, AB 621)κ
and payments of the required fees, if any, must be furnished to the nonprofit service corporation within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
3. The coverage for newly born and adopted children and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
4. A corporation shall not restrict the coverage of a dependent child adopted or placed for adoption solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that contract.
5. For covered services provided to the child, the corporation shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 57. Chapter 695C of NRS is hereby amended by adding thereto the provisions set forth as sections 58 to 62, inclusive, of this act.
Sec. 58. As used in sections 58 to 62, inclusive, of this act, unless the context otherwise requires:
1. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
2. Order for medical coverage means an order of a court or administrative tribunal to provide coverage under a health care plan to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
Sec. 59. 1. A health maintenance organization shall not, when considering eligibility for coverage or making payments under a health care plan, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.
2. To the extent that payment has been made by Medicaid for health care, a health maintenance organization:
(a) Shall treat Medicaid as having a valid and enforceable assignment of benefits due an enrollee or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by its plan, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid to reimbursement against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its enrollee.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
κ1995 Statutes of Nevada, Page 2436 (CHAPTER 633, AB 621)κ
(b) Covered by a health care plan,
the organization responsible for the health care plan shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the same plan.
Sec. 60. An organization shall not deny the enrollment of a child pursuant to an order for medical coverage under a health care plan in which a parent of the child is enrolled, on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
3. Does not reside with the parent or within the organizations geographic area of service.
Sec. 61. If a child has coverage under a health care plan in which a noncustodial parent of the child is enrolled, the organization responsible for that plan shall:
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider or any agency of this or another state responsible for the administration of Medicaid.
Sec. 62. If a parent is required by an order for medical coverage to provide coverage for a child and the parent is eligible for coverage of members of his family under a health care plan, the organization responsible for that plan:
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the organization has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 63. NRS 695C.173 is hereby amended to read as follows:
695C.173 1. All individual and group health care plans which provide coverage for a family member of the enrollee must as to such coverage provide that the health care services applicable for children are payable with respect to:
κ1995 Statutes of Nevada, Page 2437 (CHAPTER 633, AB 621)κ
provide that the health care services applicable for children are payable with respect to:
(a) A newly born child of the enrollee from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the enrollee for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
The plans must provide the coverage specified in subsection 3, and must not exclude premature births.
2. The evidence of coverage may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
and payments of the required charge, if any, must be furnished to the health maintenance organization within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
3. The coverage for newly born and adopted children and children placed for adoption consists of preventive health care services as well as coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
4. A health maintenance organization shall not restrict the coverage of a dependent child adopted or placed for adoption solely because of a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that plan.
5. For covered services provided to the child, the health maintenance organization shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 64. Chapter 695F of NRS is hereby amended by adding thereto the provisions set forth as sections 65 to 71, inclusive, of this act.
Sec. 65. Medicaid means a program established in any state pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.) to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
Sec. 66. Order for medical coverage means an order of a court or administrative tribunal to provide medical coverage to a child pursuant to the provisions of 42 U.S.C. § 1396g-1.
Sec. 67. 1. An organization shall not, when considering eligibility for coverage or making payments under any evidence of coverage, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.
κ1995 Statutes of Nevada, Page 2438 (CHAPTER 633, AB 621)κ
2. To the extent that payment has been made by Medicaid for health care a prepaid limited health service organization:
(a) Shall treat Medicaid as having a valid and enforceable assignment of benefits due a subscriber or claimant under him regardless of any exclusion of Medicaid or the absence of a written assignment; and
(b) May, as otherwise allowed by its evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid against any other liable party if:
(1) It is so authorized pursuant to a contract with Medicaid for managed care; or
(2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its subscriber.
3. If a state agency is assigned any rights of a person who is:
(a) Eligible for medical assistance under Medicaid; and
(b) Covered by any evidence of coverage,
the prepaid limited health service organization that issued the evidence of coverage shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by any evidence of coverage.
Sec. 68. A prepaid limited health service organization shall not deny the enrollment of a child pursuant to an order for medical coverage under any evidence of coverage pursuant to which a parent of the child is insured on the ground that the child:
1. Was born out of wedlock;
2. Has not been claimed as a dependent on the parents federal income tax return; or
3. Does not reside with the parent or within the organizations geographic area of service.
Sec. 69. If a child has coverage under any evidence of coverage pursuant to which a noncustodial parent of the child is insured, the prepaid limited health service organization issuing that evidence of coverage shall:
1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage.
2. Allow the custodial parent or, with the approval of the custodial parent, a provider to submit claims for covered services without the approval of the noncustodial parent.
3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider or an agency of this or another state responsible for the administration of Medicaid.
Sec. 70. If a parent is required by an order for medical coverage to provide coverage for a child and the parent is eligible for coverage of members of his family under any evidence of coverage, the prepaid limited health service organization that issued the evidence of coverage:
1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment.
2. Shall, if:
(a) The child is otherwise eligible for that coverage; and
κ1995 Statutes of Nevada, Page 2439 (CHAPTER 633, AB 621)κ
(b) The parent is enrolled in that coverage but fails to apply for enrollment of the child,
enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment.
3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the prepaid limited health service organization has written proof that:
(a) The order for medical coverage is no longer in effect; or
(b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage.
Sec. 71. 1. If a person:
(a) Adopts a dependent child; or
(b) Assumes and retains a legal obligation for the total or partial support of a dependent child in anticipation of adopting the child,
while the person is eligible for group coverage under any evidence of coverage, the prepaid limited health service organization issuing that evidence of coverage shall not restrict the coverage of the child based solely on a preexisting condition the child has at the time he would otherwise become eligible for coverage pursuant to that evidence of coverage.
2. For the purposes of this section, child means a person who is under 18 years of age at the time of his adoption or the assumption of a legal obligation for his support in anticipation of his adoption.
Sec. 72. NRS 695F.010 is hereby amended to read as follows:
695F.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695F.020 to 695F.070, inclusive, and sections 65 and 66 of this act have the meanings ascribed to them in those sections.
Sec. 73. 1. This section and sections 19 to 72, inclusive, of this act become effective upon passage and approval or on July 1, 1995, whichever is later.
2. Sections 1, 3 to 7, inclusive, and 9 to 18, inclusive, of this act become effective on October 1, 1995.
3. Sections 2 and 8 of this act become effective at 12:01 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 2440κ
Senate Bill No. 133Committee on Transportation
CHAPTER 634
AN ACT relating to traffic laws; authorizing the department of transportation to establish speed limits on certain highways; establishing a maximum rate of speed; revising the provisions prohibiting the unnecessary waste of a resource currently in short supply; making it unlawful to drive or operate a vehicle at a rate of speed that is not proper giving due regard for the weather and other highway conditions; expanding the conditions under which slower drivers are required to take certain actions to ensure the forward movement of traffic; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.473 is hereby amended to read as follows:
483.473 1. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, except as provided in subsection 4, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
4. A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding [70] 75 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department of transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the department under the authority granted to it by chapter 408 of NRS.
2. Except as otherwise provided by federal law, the department may establish a speed limit on such highways not to exceed 75 miles per hour and may establish a lower speed limit:
κ1995 Statutes of Nevada, Page 2441 (CHAPTER 634, SB 133)κ
(a) Where necessary to protect public health and safety.
(b) For trucks, overweight and oversized vehicles, trailers drawn by motor vehicles and buses.
Sec. 3. NRS 484.361 is hereby amended to read as follows:
484.361 It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway [.] , the weather and other highway conditions.
2. Such a rate of speed as to endanger the life, limb or property of any person.
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
4. A rate of speed greater than the national maximum speed limit specified in section 114 of P.L. 93-643 (23 U.S.C. § 154).
Sec. 4. NRS 484.362 is hereby amended to read as follows:
484.362 1. A person violating the speed limit imposed pursuant to subsection 4 of NRS 484.361 but not exceeding a speed of [70] 75 miles per hour is guilty of unnecessary waste of a resource currently in short supply.
2. Every person convicted of unnecessary waste of a resource currently in short supply shall be fined $5.
3. Such a violation shall not be deemed a moving traffic violation.
Sec. 5. NRS 484.373 is hereby amended to read as follows:
484.373 1. If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind him, [on any highway whereon a higher speed is lawful, unless reduced speed is necessary for safe operation or in compliance with law,] the driver shall:
(a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway;
(b) If the highway has two or more clearly marked lanes for traffic traveling in his direction, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or
(c) If the highway is a controlled-access highway, use alternate routes whenever possible.
2. A person shall not bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
Sec. 6. Section 1 of chapter 306, Statutes of Nevada 1987, at page 656, is hereby amended to read as follows:
Section 1. NRS 483.473 is hereby amended to read as follows:
483.473 1. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
κ1995 Statutes of Nevada, Page 2442 (CHAPTER 634, SB 133)κ
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation [, except as provided in subsection 4,] depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
[4. A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding 75 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.]
Sec. 7. Section 2 of chapter 306, Statutes of Nevada 1987, at page 656, is hereby amended to read as follows:
Sec. 2. NRS 484.361 is hereby amended to read as follows:
484.361 It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.
2. Such a rate of speed as to endanger the life, limb or property of any person.
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
4. [A rate of speed greater than the national maximum speed limit specified in section 114 of P.L. 93-643 (23 U.S.C. § 154).] In any event, a rate of speed greater than 75 miles per hour.
Sec. 8. Section 4 of chapter 306, Statutes of Nevada 1987, at page 657, is hereby amended to read as follows:
Sec. 4. This act becomes effective on the date:
1. The provisions of 23 U.S.C. § 154 setting a national maximum speed limit are repealed by the Congress of the United States;
2. Those provisions are invalidated by the Supreme Court of the United States;
[2.] 3. The Supreme Court of the United States affirms the invalidation of those provisions by a lower court; or
[3.] 4. The time for appealing a decision of a lower court invalidating those provisions expires without an appeal being taken.
________
κ1995 Statutes of Nevada, Page 2443κ
Assembly Bill No. 526Committee on Elections and Procedures
CHAPTER 635
AN ACT relating to ethics in government; revising the jurisdiction of the commission on ethics; making various changes relating to the confidentiality of the proceedings of the commission and local ethics committees; authorizing the commission to impose a civil penalty for a violation of confidentiality; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commission has jurisdiction for the purposes of investigating and taking appropriate action regarding an alleged violation of this chapter by a public officer or employee or former public officer or employee in any proceeding commenced by:
(a) The filing of a request for an opinion with the commission; or
(b) A determination of the commission on its own motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee or former public officer or employee.
2. The provisions of this section apply to a public officer or employee who:
(a) Currently holds public office or is publicly employed at the commencement of proceedings against him.
(b) Resigns or otherwise leaves his public office or employment:
(1) After the commencement of proceedings against him; or
(2) Within 1 year after the alleged violation or reasonable discovery of the alleged violation.
Sec. 2. NRS 281.411 is hereby amended to read as follows:
281.411 NRS 281.411 to 281.581, inclusive, and section 1 of this act may be cited as the Nevada Ethics in Government Law.
Sec. 3. NRS 281.511 is hereby amended to read as follows:
281.511 1. The commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances, upon request, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own past, present or future conduct as an officer or employee. He may also request the commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of his own present or future conduct, the opinion of the commission is:
(a) Binding upon the requester as to his future conduct; and
(b) Final and subject to judicial review pursuant to NRS 233B.130, except that any proceeding regarding this review must be held in closed court without admittance of any person other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.
2. The commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:
κ1995 Statutes of Nevada, Page 2444 (CHAPTER 635, AB 526)κ
(a) Upon request from a specialized or local ethics committee;
(b) Upon request from any person, if the requester submits all related evidence deemed necessary by the commission for it to make a preliminary determination of whether it desires to take jurisdiction over the matter; or
(c) Upon the commissions own motion regarding the propriety of conduct by a public officer or employee, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee,
on the condition that any public officer or employee about whom an opinion is requested or authorized must be notified immediately by certified mail that an opinion has been requested or authorized and that he has a right to appear before the commission and present evidence and argument. The commission shall not issue an opinion nor determine that just and sufficient cause exists to render an opinion without extending [him] the public officer or employee an opportunity to appear before the commission and present evidence and argument.
3. The commission shall render the opinion requested pursuant to this section as expeditiously as possible in light of the circumstances of the public officer or employee about whom the opinion is requested, so as to minimize any adverse consequences to him that may result from any delay in issuing the opinion.
4. Each request for an opinion submitted pursuant to subsection 1 or 2, each such opinion rendered by the commission and any motion , preliminary determination, evidence or record of a hearing relating to [the opinion is] such a request are confidential unless:
(a) [The] It is an opinion requested pursuant to subsection 1 and the public officer or employee [acts] who requested the opinion:
(1) Acts in contravention of the opinion, in which case the commission may disclose the request for the opinion, the contents of the opinion and any motion , evidence or record of a hearing related thereto;
[(b) It is an opinion requested pursuant to subsection 1 and the requester discloses the content of the opinion;
(c) It is an opinion requested or issued pursuant to paragraph (b) or (c) of subsection 2 and the person about whom the opinion was requested discloses the content]
(2) Discloses the request for the opinion, the contents of the opinion [, the request] or any motion [or action] , evidence or record of a hearing related thereto;
[(d)] or
(3) Requests the commission to disclose the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto; or
(b) It is an opinion requested pursuant to subsection 2 [, the] regarding the past conduct of a public officer or employee and:
(1) The commission determines pursuant to subsection 2 that there is just and sufficient cause to render an opinion, in which case the commission may open the proceedings to the public and disclose the request for the opinion, the contents of the opinion and any motion, preliminary determination, evidence or record of a hearing related thereto;
κ1995 Statutes of Nevada, Page 2445 (CHAPTER 635, AB 526)κ
(2) The commission determines that there is insufficient basis to render an opinion and the person about whom the opinion was requested has asked the commission to make public the reasons for not rendering the opinion;
[(e) It is a motion or preliminary determination relating to an opinion requested pursuant to paragraph (b) of subsection 2 that the commission determines should be made public; or
(f) It is an opinion relating to the propriety of past conduct that the commission determines should be made public.] ; or
(3) The person about whom the opinion was requested discloses the request for the opinion, the contents of the opinion, or any motion, preliminary determination, evidence or record of a hearing related thereto.
5. If an opinion is requested and a motion that there is just and sufficient cause to render an opinion has been adopted by the commission, the commission shall:
(a) Notify the person about whom the opinion was requested of the place and time of the commissions hearing on the matter;
(b) Allow him to be represented by counsel; and
(c) Allow him to hear the evidence presented to the commission and to respond and present evidence on his own behalf.
The commissions hearing may be held no sooner than 2 weeks after the notice is given.
6. If any person requesting an opinion pursuant to subsection 1 or 2 does not:
(a) Submit all necessary information to the commission; and
(b) Declare by oath or affirmation that he will testify truthfully,
the commission may decline to render an opinion.
7. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
8. Except as otherwise provided in this subsection, the commission shall publish hypothetical opinions which are abstracted from the opinions rendered [under] pursuant to subsection 1 or 2, for the future guidance of all persons concerned with ethical standards in government. The commission need not publish a hypothetical opinion regarding issues covered by an opinion which was made public in accordance with subsection 4.
9. A meeting or hearing held by the commission to receive information or evidence concerning the propriety of the conduct of any public officer or employee [is] pursuant to this section and the commissions deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.
Sec. 4. NRS 281.541 is hereby amended to read as follows:
281.541 1. Any department, board, commission or other agency of the state or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the commission. [Such a] A specialized or local ethics committee may:
(a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards.
κ1995 Statutes of Nevada, Page 2446 (CHAPTER 635, AB 526)κ
(b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of his own future official conduct or refer the request to the commission. Any public officer or employee [under such a] subject to the jurisdiction of the committee shall direct his inquiry to that committee instead of the commission.
2. [Such a] A specialized or local ethics committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.
3. Each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion [is] are confidential unless:
(a) The public officer or employee acts in contravention of the opinion; or
(b) The requester discloses the content of the opinion.
Sec. 5. NRS 281.551 is hereby amended to read as follows:
281.551 1. In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties not to exceed $5,000 for a willful violation of this chapter.
2. In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on any person who knowingly or maliciously submits to the commission any false accusation or false information, or submits to the commission any false accusation or false information in bad faith [.] or who, by fraud or artifice, prevents the discovery of a violation of this chapter.
3. In addition to any other penalty provided by law, the commission may impose a civil penalty not to exceed $5,000 on a person, other than the person about whom an opinion is requested, who:
(a) Participates in any activity relating to the request for the opinion;
(b) Is directed by the commission to comply with the requirements relating to confidentiality set forth in subsection 4 of NRS 281.511; and
(c) Subsequently violates those requirements.
4. If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to any other penalty, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.
[4.] 5. If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.
[5.] 6. Any action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 shall be deemed not to be a willful violation of any provision of those sections if the public officer [:] or employee:
κ1995 Statutes of Nevada, Page 2447 (CHAPTER 635, AB 526)κ
(a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents [;] or by the employer of the public employee;
(b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and
(c) The action taken was not contrary to any prior opinion issued by the commission to the public officer [.
6. A] or employee.
7. In addition to any other penalty provided by law, a public employee who willfully violates any provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for [such] action in accordance to the applicable provisions governing his employment.
[7.] 8. NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of any of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.
[8.] 9. The imposition of a civil penalty pursuant to [subsection 1, 2 or 3] subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.
Sec. 6. The amendatory provisions of section 3 of this act, which address the confidentiality of requests for opinions, opinions rendered and related proceedings involving the past, present or future conduct of a public officer or employee, do not apply to any matter that:
1. Has not been disclosed; and
2. Has been closed by or is pending before the commission on October 1, 1995.
________
Senate Bill No. 218Committee on Finance
CHAPTER 636
AN ACT making appropriations from the state highway fund for use by the department of motor vehicles and public safety for a business process re-engineering study and revision of existing motor vehicle operating applications; and providing other matters properly relating thereto.
[Approved July 5, 1995]
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 highway fund to the department of motor vehicles and public safety the sum of $595,000 for a business process re-engineering study.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state highway fund as soon as all payments of money committed have been made.
κ1995 Statutes of Nevada, Page 2448 (CHAPTER 636, SB 218)κ
Sec. 3. 1. There is hereby appropriated from the state highway fund to the interim finance committee for allocation to the department of motor vehicles and public safety the sum of $340,388 for costs for computer programming related to the revision of existing motor vehicle operating applications.
2. The appropriation made by subsection 1 must be allocated by the interim finance committee to the department of motor vehicles and public safety upon:
(a) Completion of the business process re-engineering study specified in section 1 of this act; and
(b) Approval by the interim finance committee of the departments plan to implement the recommendations of the study.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state highway fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective on June 30, 1995.
________
Senate Bill No. 314Senators James, Washington and Townsend
CHAPTER 637
AN ACT relating to criminal procedure; abolishing exculpation by reason of insanity; authorizing a plea of guilty but mentally ill in a criminal proceeding; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 169.195 is hereby amended to read as follows:
169.195 1. Trial means that portion of a criminal action which:
(a) If a jury is used, begins with the impaneling of the jury and ends with the return of the verdict, both inclusive.
(b) If no jury is used, begins with the opening statement, or if there is no opening statement, when the first witness is sworn, and ends with the closing argument or upon submission of the cause to the court without argument, both inclusive.
2. Trial does not include any proceeding had upon a plea of guilty or guilty but mentally ill to determine the degree of guilt or to fix the punishment.
Sec. 2. NRS 173.035 is hereby amended to read as follows:
173.035 1. An information may be filed against any person for any offense when the person:
(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or
(b) Has waived his right to a preliminary examination.
κ1995 Statutes of Nevada, Page 2449 (CHAPTER 637, SB 314)κ
2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the attorney general when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon [such] a preliminary examination has been bound over to appear at the court having jurisdiction.
3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each [such] information must set forth the crime committed according to the facts.
4. If, with the consent of the prosecuting attorney, a defendant waives his right to a preliminary examination in accordance with an agreement by the defendant to plead guilty , guilty but mentally ill or nolo contendere to a lesser charge or at least one but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty , guilty but mentally ill or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.
Sec. 3. NRS 173.125 is hereby amended to read as follows:
173.125 The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information and a plea of guilty or guilty but mentally ill to one or more offenses charged in the indictment or information does not preclude prosecution for the other offenses.
Sec. 4. Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a plea of guilty but mentally ill is entered by a defendant, the court shall hold a hearing within a reasonable time to determine whether the defendant was mentally ill at the time of the commission of the alleged offense to which the plea is entered.
2. The court may order the examination of the defendant or receive the testimony of any expert witness offered by the defendant or the prosecuting attorney, or both.
3. At the hearing, the court shall advise the defendant that a plea of guilty but mentally ill is a plea of guilty and not a defense to the alleged offense.
4. The court shall accept the plea of guilty but mentally ill only if it determines that the defendant was mentally ill at the time of the alleged offense to which the plea is entered.
κ1995 Statutes of Nevada, Page 2450 (CHAPTER 637, SB 314)κ
Sec. 5. NRS 174.035 is hereby amended to read as follows:
174.035 1. A defendant may plead not guilty, guilty , guilty but mentally ill or, with the consent of the court, nolo contendere. The court may refuse to accept a plea of guilty [,] or guilty but mentally ill, and shall not accept such a plea or a plea of nolo contendere without first addressing the defendant personally and determining that the plea is made voluntarily with understanding of the nature of the charge and consequences of the plea. In addition, the court shall not accept a plea of guilty but mentally ill without complying with the provisions of section 4 of this act.
2. With the consent of the court and the district attorney, a defendant may enter a conditional plea of guilty , guilty but mentally ill or nolo contendere, reserving in writing the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. A defendant who prevails on appeal must be allowed to withdraw the plea.
3. [The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such plea or defense, the burden of proof is upon the defendant to establish his insanity by a preponderance of the evidence.] A plea of guilty but mentally ill is not a defense to the alleged offense. A defendant who enters such a plea is subject to the same penalties as a defendant who pleads guilty.
4. If a defendant refuses to plead , [or] if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
5. A defendant may not enter a plea of guilty or guilty but mentally ill pursuant to a plea bargain for an offense punishable as a felony for which:
(a) Probation is not allowed; or
(b) The maximum prison sentence is more than 10 years,
unless the plea bargain is set forth in writing and signed by the defendant, the defendants attorney, if he is represented by counsel, and the prosecuting attorney.
Sec. 6. NRS 174.055 is hereby amended to read as follows:
174.055 In the justices court, if the defendant pleads guilty [,] or guilty but mentally ill, the court may, before entering such a plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed . [; and if] If it appears to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be committed or admitted to bail, to answer any indictment that may be found against him or any information which may be filed by the district attorney.
Sec. 7. NRS 174.061 is hereby amended to read as follows:
174.061 1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence, the agreement:
(a) Is void if the defendants testimony is false.
(b) Must be in writing and include a statement that the agreement is void if the defendants testimony is false.
κ1995 Statutes of Nevada, Page 2451 (CHAPTER 637, SB 314)κ
2. A prosecuting attorney shall not enter into an agreement with a defendant which:
(a) Limits the testimony of the defendant to a predetermined formula.
(b) Is contingent on the testimony of the defendant contributing to a specified conclusion.
Sec. 8. NRS 174.065 is hereby amended to read as follows:
174.065 Except as otherwise provided in NRS 174.061:
1. On a plea of guilty or guilty but mentally ill to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.
2. On a plea of guilty or guilty but mentally ill to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.
Sec. 9. NRS 174.075 is hereby amended to read as follows:
174.075 1. Pleadings in criminal proceedings [shall be] are the indictment, the information and, in justices court, the complaint, and the pleas of guilty, guilty but mentally ill, not guilty [, not guilty by reason of insanity,] and nolo contendere.
2. All other pleas, and demurrers and motions to quash are abolished, and defenses and objections raised before trial which [heretofore] could have been raised by one or more of them [shall] may be raised only by motion to dismiss or to grant appropriate relief, as provided in this Title.
Sec. 10. NRS 175.282 is hereby amended to read as follows:
175.282 If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence the court shall:
1. After excising any portion it deems irrelevant or prejudicial, permit the jury to inspect the agreement;
2. If the defendant who is testifying has not entered his plea or been sentenced pursuant to the agreement, instruct the jury regarding the possible related pressures on the defendant by providing the jury with an appropriate cautionary instruction; and
3. Allow the defense counsel to cross-examine fully the defendant who is testifying concerning the agreement.
Sec. 11. NRS 175.552 is hereby amended to read as follows:
175.552 1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:
(a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.
(b) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a panel of three district judges, as soon as practicable.
κ1995 Statutes of Nevada, Page 2452 (CHAPTER 637, SB 314)κ
hearing must be conducted before a panel of three district judges, as soon as practicable.
(c) If the finding is made upon a plea of guilty or guilty but mentally ill or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted before the judge who conducted the trial or who accepted the plea , [of guilty,] as soon as practicable.
2. In a case in which the death penalty is not sought, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, his attorney, if any, and the prosecuting attorney.
3. In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the constitution of the State of Nevada may be introduced. The state may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.
4. In a case in which the death penalty is not sought, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.
Sec. 12. NRS 175.558 is hereby amended to read as follows:
175.558 When any person is convicted of murder of the first degree upon a plea of guilty or guilty but mentally ill, or a trial without a jury , and the death penalty is sought, the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.
Sec. 13. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.
Sec. 14. 1. If a court accepts a plea of guilty but mentally ill pursuant to section 4 of this act, the court shall, before imposing sentence, afford the defendant an opportunity to present evidence of his present mental condition. If the defendant claims that he is mentally ill at the time of sentencing, the burden of proof is upon the defendant to establish that fact by a preponderance of the evidence.
2. If the defendant has been ordered to the custody of the department of prisons, the court may order the department to cause an examination of the defendant to be conducted to determine his mental condition, and may receive the evidence of any expert witness offered by the defendant or the prosecuting attorney.
3. If the court finds:
κ1995 Statutes of Nevada, Page 2453 (CHAPTER 637, SB 314)κ
(a) That the defendant is not mentally ill at the time of sentencing, it shall impose any sentence that it is authorized to impose upon a defendant who pleads or is found guilty of the same offense.
(b) By a preponderance of the evidence that the defendant is mentally ill at the time of sentencing, it shall impose any sentence that it is authorized to impose upon a defendant who pleads or is found guilty of the same offense and include in that sentence an order that the defendant, during the period of his confinement or probation, be given such treatment as is available for his mental illness if it determines that the relative risks and benefits of the available treatment are such that a reasonable man would consent to such treatment. The treatment must be provided by the department of prisons.
Sec. 15. Except for the purposes of section 14 of this act, a final judgment of guilty but mentally ill shall be deemed to be a final judgment of guilty.
Sec. 16. NRS 176.059 is hereby amended to read as follows:
176.059 1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:
Fine Assessment
$5 to $49........................................................................................ $10
50 to 59.......................................................................................... 25
60 to 69.......................................................................................... 30
70 to 79.......................................................................................... 35
80 to 89.......................................................................................... 40
90 to 99.......................................................................................... 45
100 to 199....................................................................................... 55
200 to 299....................................................................................... 65
300 to 399....................................................................................... 75
400 to 499....................................................................................... 85
500 to 1,000................................................................................... 100
2. The provisions of subsection 1 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
3. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
κ1995 Statutes of Nevada, Page 2454 (CHAPTER 637, SB 314)κ
uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
4. If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.
5. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
6. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
(a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(b) Two dollars and fifty cents for credit to a special revenue fund for the use of the justices courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure in accordance with a plan for the acquisition of capital goods. The county treasurer shall provide, upon request by a justices court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
(c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.
7. The money apportioned to a juvenile court, a justices court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court, or to acquire a computer or the use of one, or both. Money used to improve the operation of the court may include expenditures for:
κ1995 Statutes of Nevada, Page 2455 (CHAPTER 637, SB 314)κ
(a) Training and education of personnel;
(b) Acquisition of capital goods;
(c) Management and operational studies; or
(d) Audits.
8. Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:
(a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:
(1) Eighteen and one-half percent of the amount distributed to the office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.
(3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.
(4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.
(5) Three and one-half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.
(b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:
(1) The central repository for Nevada records of criminal history;
(2) The peace officers standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;
(3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and
(4) The fund for the compensation of victims of crime.
9. As used in this section, juvenile court means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
Sec. 17. NRS 176.062 is hereby amended to read as follows:
176.062 1. When a defendant pleads guilty or guilty but mentally ill or is found guilty of a felony or gross misdemeanor, the judge shall include in the sentence the sum of $25 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment:
(a) Must not be deducted from any fine imposed by the judge;
(b) Must be taxed against the defendant in addition to the fine; and
(c) Must be stated separately on the courts docket.
3. The money collected for administrative assessments in district courts must be paid by the clerk of the court to the county treasurer on or before the [5th] fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:
κ1995 Statutes of Nevada, Page 2456 (CHAPTER 637, SB 314)κ
(a) Five dollars for credit to a special account in the county general fund for the use of the district court.
(b) The remainder of each assessment to the state treasurer.
4. The state treasurer shall credit the money received pursuant to subsection 3 to a special account for the assistance of criminal justice in the state general fund, and distribute the money from the account to the attorney general as authorized by the legislature. Any amount received in excess of the amount authorized by the legislature for distribution must remain in the account.
Sec. 18. NRS 176.135 is hereby amended to read as follows:
176.135 1. The division shall make a presentence investigation and report to the court on each defendant who pleads guilty , guilty but mentally ill or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation except when:
(a) A sentence is fixed by a jury; or
(b) Such an investigation and report on the defendant has been made by the division within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
2. Upon request of the court, the division shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 19. NRS 176.165 is hereby amended to read as follows:
176.165 Except as otherwise provided in this section, a motion to withdraw a plea of guilty , guilty but mentally ill or [of] nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended. To correct manifest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.
Sec. 20. NRS 177.055 is hereby amended to read as follows:
177.055 1. When upon a plea of not guilty [or not guilty by reason of insanity] a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or his counsel affirmatively waives the appeal, the sentence must be reviewed on the record by the supreme court, which shall consider, in a single proceeding if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(d) Whether the sentence of death is excessive, considering both the crime and the defendant.
3. The supreme court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty hearing:
(1) If the original penalty hearing was before a jury, before a newly impaneled jury; or
κ1995 Statutes of Nevada, Page 2457 (CHAPTER 637, SB 314)κ
(2) If the original penalty hearing was before a panel of judges, before a panel of three district judges which must consist, insofar as possible, of the members of the original panel; or
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
Sec. 21. NRS 177.075 is hereby amended to read as follows:
177.075 1. Except where appeal is automatic, an appeal from a district court to the supreme court is taken by filing a notice of appeal with the clerk of the district court. Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty or guilty but mentally ill and who is without counsel, the court shall advise the defendant of his right to appeal, and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on his behalf.
3. A notice of appeal must be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
Sec. 22. NRS 178.388 is hereby amended to read as follows:
178.388 1. Except as otherwise provided in this Title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. A corporation may appear by counsel for all purposes.
2. In prosecutions for offenses not punishable by death:
(a) The defendants voluntary absence after the trial has been commenced in his presence must not prevent continuing the trial to and including the return of the verdict.
(b) If the defendant was present at the trial through the time he pleads guilty or guilty but mentally ill or is found guilty but at the time of his sentencing is incarcerated in another jurisdiction, he may waive his right to be present at the sentencing proceedings and agree to be sentenced in this state in his absence. The defendants waiver is valid only if it is:
(1) Made knowingly, intelligently and voluntarily after consulting with an attorney licensed to practice in this state;
(2) Signed and dated by the defendant and notarized by a notary public or judicial officer; and
(3) Signed and dated by his attorney after it has been signed by the defendant and notarized.
3. In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year, or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendants absence, if the court determines that the defendant was fully aware of his applicable constitutional rights when he gave his consent.
4. The presence of the defendant is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant during the proceeding. If closed-circuit television is provided for, members of the news media may observe and record the proceeding from both locations unless the court specifically provides otherwise.
κ1995 Statutes of Nevada, Page 2458 (CHAPTER 637, SB 314)κ
5. The defendants presence is not required at the settling of jury instructions.
Sec. 23. NRS 178.400 is hereby amended to read as follows:
178.400 1. A person may not be tried [,] or adjudged to punishment [or punished] for a public offense while he is incompetent.
2. For the purposes of this section, incompetent means that the person is not of sufficient mentality to be able to understand the nature of the criminal charges against him, and because of that insufficiency, is not able to aid and assist his counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter.
Sec. 24. NRS 178.460 is hereby amended to read as follows:
178.460 1. If requested by the district attorney or counsel for the defendant within 10 days after the reports of the sanity commission are sent to them, the judge shall hold a hearing within 10 days after the request at which the district attorney and the defense counsel may examine the members of the sanity commission on their reports.
2. Within 10 days after the hearing or 20 days after the reports are sent, if no hearing is requested, the judge shall make and enter his finding of competence or incompetence, and if he finds the defendant to be incompetent:
(a) Whether there is substantial probability that the defendant will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to society.
3. If the judge finds the defendant:
(a) Competent, he shall within 10 days forward his finding to the prosecuting attorney and counsel for the defendant. Upon receipt thereof, the prosecuting attorney shall notify the sheriff of the county or chief of police of the city that the defendant has been found competent and arrange for the return of the defendant to that county or city for trial upon the offense there charged or the pronouncement of judgment, as the case may be. The defendant must not be returned more than 30 days before the date set for the trial or pronouncement of judgment which must be within 60 days of the receipt of the findings of the sanity commission, or if the case is a misdemeanor, within 60 days after the judge received the notice from the administrator pursuant to subsection 1 of NRS 178.455.
(b) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is dangerous to himself or to society, he shall recommit the defendant.
(c) Incompetent, but there is substantial probability that he will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future and finds that he is not dangerous to himself or to society, he shall order that the defendant remain an outpatient or be transferred to the status of an outpatient under the provisions of NRS 178.425.
(d) Incompetent, with no substantial probability of attaining competency in the foreseeable future, he shall order the defendant released from custody or if the defendant is an outpatient, released from his obligations as an outpatient if, within 10 days, a petition is not filed to commit the person pursuant to NRS 433A.200. After the initial 10 days, the defendant may remain an outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
κ1995 Statutes of Nevada, Page 2459 (CHAPTER 637, SB 314)κ
outpatient or in custody under the provisions of this chapter only as long as the petition is pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.
4. No person who is committed under the provisions of this chapter may be held in the custody of the administrator of the mental hygiene and mental retardation division longer than the longest period of incarceration provided for the crime or crimes with which he is charged . [or 10 years, whichever period is shorter.] Upon expiration of the [applicable] period, the defendant must be returned to the committing court for a determination as to whether or not involuntary commitment pursuant to chapter 433A of NRS is required.
Sec. 25. NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the office of the attorney general for that purpose, upon approval by the state board of examiners. After the appropriation is exhausted the expenses must be paid from the reserve for statutory contingency account upon approval by the state board of examiners. In all other cases they must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses are:
(a) If the prisoner is returned to this state from another state, the fees paid to the officers of the state on whose governor the requisition is made; or
(b) If the prisoner is returned to this state from a foreign country or jurisdiction, the fees paid to the officers and agents of this state or the United States,
and the necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning the prisoner.
2. If a person is returned to this state pursuant to this chapter or chapter 178 of NRS and is convicted of, or pleads guilty , guilty but mentally ill or no contest to the criminal charge for which he was returned or a lesser criminal charge, the court shall conduct an investigation of the financial status of the person to determine his ability to make restitution. In conducting the investigation, the court shall determine if the person is able to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to NRS 62.223, 176.059 and 176.062.
3. If the court determines that the person is financially able to pay the obligations described in subsection 2, it shall, in addition to any other sentence it may impose, order the person to make restitution for the expenses incurred by the attorney general or other governmental entity in returning him to this state. The court shall not order the person to make restitution if payment of restitution will prevent him from paying any existing obligations described in subsection 2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of the completion of his sentence.
4. The attorney general may adopt regulations to carry out the provisions of this section.
κ1995 Statutes of Nevada, Page 2460 (CHAPTER 637, SB 314)κ
Sec. 26. NRS 34.735 is hereby amended to read as follows:
34.735 A petition must be in substantially the following form, with appropriate modifications if the petition is filed in the supreme court:
Case No. ...........................................
Dept. No. ...........................................
IN THE .................. JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF ................
...................................................................
Petitioner,
v. PETITION FOR WRIT
OF HABEAS CORPUS
................................................................... (POST-CONVICTION)
Respondent.
INSTRUCTIONS:
(1) This petition must be legibly handwritten or typewritten, signed by the petitioner and verified.
(2) Additional pages are not permitted except where noted or with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum.
(3) If you want an attorney appointed, you must complete the Affidavit in Support of Request to Proceed in Forma Pauperis. You must have an authorized officer at the prison complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.
(4) You must name as respondent the person by whom you are confined or restrained. If you are in a specific institution of the department of prisons, name the warden or head of the institution. If you are not in a specific institution of the department but within its custody, name the director of the department of prisons.
(5) You must include all grounds or claims for relief which you may have regarding your conviction or sentence. Failure to raise all grounds in this petition may preclude you from filing future petitions challenging your conviction and sentence.
(6) You must allege specific facts supporting the claims in the petition you file seeking relief from any conviction or sentence. Failure to allege specific facts rather than just conclusions may cause your petition to be dismissed. If your petition contains a claim of ineffective assistance of counsel, that claim will operate to waive the attorney-client privilege for the proceeding in which you claim your counsel was ineffective.
(7) When the petition is fully completed, the original and one copy must be filed with the clerk of the state district court for the county in which you were convicted. One copy must be mailed to the respondent, one copy to the attorney generals office, and one copy to the district attorney of the county in which you were convicted or to the original prosecutor if you are challenging your original conviction or sentence.
κ1995 Statutes of Nevada, Page 2461 (CHAPTER 637, SB 314)κ
your original conviction or sentence. Copies must conform in all particulars to the original submitted for filing.
PETITION
1. Name of institution and county in which you are presently imprisoned or where and how you are presently restrained of your liberty:
.........................................................................................................................................
2. Name and location of court which entered the judgment of conviction under attack:
.........................................................................................................................................
3. Date of judgment of conviction:.................................................................
4. Case number:..................................................................................................
5. (a) Length of sentence:................................................................................
.........................................................................................................................................
(b) If sentence is death, state any date upon which execution is scheduled:
6. Are you presently serving a sentence for a conviction other than the conviction under attack in this motion? Yes ........ No ........
If yes, list crime, case number and sentence being served at this time:..........
.........................................................................................................................................
.........................................................................................................................................
7. Nature of offense involved in conviction being challenged:..................
.........................................................................................................................................
8. What was you plea? (check one)
(a) Not guilty ........
(b) Guilty ........
(c) Guilty but mentally ill ........
(d) Nolo contendere ........
9. If you entered a [guilty] plea of guilty or guilty but mentally ill to one count of an indictment or information, and a [not guilty] plea of not guilty to another count of an indictment or information, or if a [guilty] plea of guilty or guilty but mentally ill was negotiated, give details:...............................................................................................
.........................................................................................................................................
.........................................................................................................................................
10. If you were found guilty after a plea of not guilty, was the finding made by: (check one)
(a) Jury ........
(b) Judge without a jury ........
11. Did you testify at the trial? Yes ........ No ........
12. Did you appeal from the judgment of conviction: Yes ........ No ........
13. If you did appeal, answer the following:
(a) Name of court:................................................................................................
(b) Case number or citation:...............................................................................
(c) Result:...............................................................................................................
(d) Date of result:..................................................................................................
(Attach copy of order or decision, if available.)
κ1995 Statutes of Nevada, Page 2462 (CHAPTER 637, SB 314)κ
14. If you did not appeal, explain briefly why you did not:
.........................................................................................................................................
.........................................................................................................................................
15. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any court, state or federal? Yes ........ No ........
16. If your answer to No. 15 was yes, give the following information:
(a) (1) Name of court:.........................................................................................
(2) Nature of proceeding:..............................................................................
.........................................................................................................................................
.........................................................................................................................................
(3) Grounds raised:.........................................................................................
.........................................................................................................................................
.........................................................................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result:.........................................................................................................
(6) Date of result:............................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:.....................................................................................................................
.........................................................................................................................................
(b) As to any second petition, application or motion, give the same information:
(1) Name of court:..........................................................................................
(2) Nature of proceeding:..............................................................................
(3) Grounds raised:.........................................................................................
(4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ........ No ........
(5) Result:.........................................................................................................
(6) Date of result:............................................................................................
(7) If known, citations of any written opinion or date of orders entered pursuant to such result:.....................................................................................................................
.........................................................................................................................................
(c) As to any third or subsequent additional applications or motions, give the same information as above, list them on a separate sheet and attach.
(d) Did you appeal to the highest state or federal court having jurisdiction, the result or action taken on any petition, application or motion?
(1) First petition, application or motion? Yes ........ No ........
Citation or date of decision:....................................................................
(2) Second petition, application or motion? Yes ........ No ........
Citation or date of decision:....................................................................
(3) Third or subsequent petitions, applications or motions? Yes ........ No ........
Citation or date of decision:....................................................................
(e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
κ1995 Statutes of Nevada, Page 2463 (CHAPTER 637, SB 314)κ
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
17. Has any ground being raised in this petition been previously presented to this or any other court by way of petition for habeas corpus, motion, application or any other post-conviction proceeding? If so, identify:
(a) Which of the grounds is the same:...............................................................
.........................................................................................................................................
(b) The proceedings in which these grounds were raised:..............................
.........................................................................................................................................
(c) Briefly explain why you are again raising these grounds. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)
.........................................................................................................................................
18. If any of the grounds listed in Nos. 23(a), (b), (c) and (d), or listed on any additional pages you have attached, were not previously presented in any other court, state or federal, list briefly what grounds were not so presented, and give your reasons for not presenting them. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)...............................
.........................................................................................................................................
.........................................................................................................................................
19. Are you filing this petition more than 1 year following the filing of the judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the reasons for the delay. (You must relate specific facts in response to this question. Your response may be included on paper which is 8 1/2 by 11 inches attached to the petition. Your response may not exceed five handwritten or typewritten pages in length.)...............................
.........................................................................................................................................
.........................................................................................................................................
20. Do you have any petition or appeal now pending in any court, either state or federal, as to the judgment under attack? Yes ........ No ........
If yes, state what court and the case number:........................................................
.........................................................................................................................................
21. Give the name of each attorney who represented you in the proceeding resulting in your conviction and on direct appeal:......................................................................
.........................................................................................................................................
22. Do you have any future sentences to serve after you complete the sentence imposed by the judgment under attack? Yes ........ No ........
If yes, specify where and when it is to be served, if you know:...........................
.........................................................................................................................................
23. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach pages stating additional grounds and facts supporting same.
(a) Ground one:.....................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):
κ1995 Statutes of Nevada, Page 2464 (CHAPTER 637, SB 314)κ
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(b) Ground two:.....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(c) Ground three:...................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
(d) Ground four:....................................................................................................
.........................................................................................................................................
Supporting FACTS (Tell your story briefly without citing cases or law.):...........
.........................................................................................................................................
.........................................................................................................................................
WHEREFORE, petitioner prays that the court grant petitioner relief to which he may be entitled in this proceeding.
EXECUTED at .............................. on the .......... day of ..........................,
19....
.............................................................
Signature of petitioner
.............................................................
Address
.......................................................................
Signature of attorney (if any)
.......................................................................
Attorney for petitioner
.......................................................................
Address
VERIFICATION
Under penalty of perjury, the undersigned declares that he is the petitioner named in the foregoing petition and knows the contents thereof; that the pleading is true of his own knowledge, except as to those matters stated on information and belief, and as to such matters he believes them to be true.
.............................................................
Petitioner
.............................................................
Attorney for petitioner
CERTIFICATE OF SERVICE BY MAIL
I, .............................................., hereby certify pursuant to N.R.C.P. 5(b), that on this ................ day of .............................................., 19......, I mailed a true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
κ1995 Statutes of Nevada, Page 2465 (CHAPTER 637, SB 314)κ
true and correct copy of the foregoing PETITION FOR WRIT OF HABEAS CORPUS addressed to:
................................................................................................................
Respondent prison or jail official
................................................................................................................
Address
................................................................................................................
Attorney General
Heroes Memorial Building
Capitol Complex
Carson City, Nevada 89710
................................................................................................................
District Attorney of County of Conviction
................................................................................................................
Address
.................................................................
Signature of Petitioner
Sec. 27. NRS 34.810 is hereby amended to read as follows:
34.810 1. The court shall dismiss a petition if the court determines that:
(a) The petitioners conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.
(b) The petitioners conviction was the result of a trial and the grounds for the petition could have been:
(1) Presented to the trial court;
(2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or post-conviction relief; or
(3) Raised in any other proceeding that the petitioner has taken to secure relief from his conviction and sentence,
unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
3. Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:
(a) Good cause for the petitioners failure to present the claim or for presenting the claim again; and
(b) Actual prejudice to the petitioner.
The petitioner shall include in the petition all prior proceedings in which he challenged the same conviction or sentence.
4. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.
κ1995 Statutes of Nevada, Page 2466 (CHAPTER 637, SB 314)κ
Sec. 28. NRS 48.061 is hereby amended to read as follows:
48.061 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] 7 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. 29. NRS 48.125 is hereby amended to read as follows:
48.125 1. Evidence of a plea of guilty [,] or guilty but mentally ill, later withdrawn, or of an offer to plead guilty or guilty but mentally ill to the crime charged or any other crime is not admissible in a criminal proceeding involving the person who made the plea or offer.
2. Evidence of a plea of nolo contendere or of an offer to plead nolo contendere to the crime charged or any other crime is not admissible in a civil or criminal proceeding involving the person who made the plea or offer.
Sec. 30. NRS 50.068 is hereby amended to read as follows:
50.068 1. A defendant is not incompetent to be a witness solely by reason of the fact that he enters into an agreement with the prosecuting attorney in which he agrees to testify against another defendant in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for a recommendation of a reduced sentence.
2. The testimony of the defendant who is testifying may be admitted whether or not he has entered his plea or been sentenced pursuant to the agreement with the prosecuting attorney.
Sec. 31. NRS 51.295 is hereby amended to read as follows:
51.295 1. Evidence of a final judgment, entered after trial or upon a plea of guilty [,] or guilty but mentally ill, but not upon a plea of nolo contendere, adjudging a person guilty of a crime punishable by death or imprisonment in excess of 1 year, is not inadmissible under the hearsay rule to prove any fact essential to sustain the judgment.
2. This section does not make admissible, when offered by the state in a criminal prosecution for purposes other than impeachment, a judgment against a person other than the accused.
3. The pendency of any appeal may be shown but does not affect admissibility.
Sec. 32. NRS 193.210 is hereby amended to read as follows:
193.210 A person [shall be considered] is of sound mind who is [neither] not an idiot [nor lunatic, nor affected with insanity,] and who has arrived at the age of 14 years, or before that age [, if such person] if he knew the distinction between good and evil.
Sec. 33. NRS 193.220 is hereby amended to read as follows:
193.220 No act committed by a person while in a state of insanity or voluntary intoxication shall be deemed less criminal by reason of his condition, but whenever the actual existence of any particular purpose, motive or intent is a necessary element to constitute a particular species or degree of crime, the fact of his insanity or intoxication may be taken into consideration in determining [such] the purpose, motive or intent.
κ1995 Statutes of Nevada, Page 2467 (CHAPTER 637, SB 314)κ
Sec. 34. NRS 194.010 is hereby amended to read as follows:
194.010 All persons are liable to punishment except those belonging to the following classes:
1. Children under the age of 8 years.
2. Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.
3. Idiots.
4. [Lunatics and persons who committed the act or made the omission charged in a state of insanity.
5.] Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.
[6.] 5. Persons who committed the act charged without being conscious thereof.
[7.] 6. Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.
[8.] 7. Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.
Sec. 35. NRS 201.050 is hereby amended to read as follows:
201.050 1. Before the trial, with the consent of the defendant, or at the trial, on entry of a plea of guilty [,] or guilty but mentally ill, or after conviction, instead of imposing the penalty provided in NRS 201.020, or in addition thereto, the court, having regard to the circumstances and to the financial ability or earning capacity of the defendant, may:
(a) Make an order, which is subject to change by the court from time to time as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding 2 years, to the spouse or the guardian, curator or custodian of the minor child or children, or to an organization or natural person approved by the court as trustee.
(b) Release the defendant from custody on probation for the period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve.
2. The condition of the recognizance must be such that if the defendant makes his personal appearance in court whenever ordered to do so, and complies with the terms of the order of support, or of any subsequent modification thereof, then the recognizance is void.
Sec. 36. NRS 202.270 is hereby amended to read as follows:
202.270 1. Every person who destroys, or attempts to destroy, with dynamite, nitroglycerine, gunpowder or other high explosive, any dwelling house or other building, knowing or having reason to believe that a human being is therein at the time, shall be punished by imprisonment for life in the state prison with or without possibility of parole, in the discretion of the jury, or of the court upon a plea of guilty [.] or guilty but mentally ill.
κ1995 Statutes of Nevada, Page 2468 (CHAPTER 637, SB 314)κ
2. Any person or persons who conspire with others to commit the offense described in subsection 1 shall be punished in the same manner.
Sec. 37. (Deleted by amendment.)
Sec. 38. NRS 453.3363 is hereby amended to read as follows:
453.3363 1. If a person who has not previously been convicted of any offense under NRS 453.011 to 453.552, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge under NRS 453.336, 453.411 or 454.351, or is found guilty of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place him on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.
2. Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section under which the accused was charged. Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him. A nonpublic record of the dismissal must be transmitted to and retained by the division of parole and probation of the department of motor vehicles and public safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.
3. Except as otherwise provided in subsection 4, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. He may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of him for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.
4. A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to him.
Sec. 39. NRS 453.348 is hereby amended to read as follows:
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence.
κ1995 Statutes of Nevada, Page 2469 (CHAPTER 637, SB 314)κ
but mentally ill to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
Sec. 40. NRS 453.575 is hereby amended to read as follows:
453.575 1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty of , any violation of this chapter and an analysis of a controlled substance was performed in relation to his case, the justice or judge shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance.
2. Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the justice or judge and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket.
3. The money collected pursuant to subsection 1 in any district, municipal or justices court must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
4. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances in the fund. The money from such deposits must be accounted for separately within the fund.
5. Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
6. In counties which do not receive forensic services under a contract with the state, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
Sec. 41. NRS 454.358 is hereby amended to read as follows:
454.358 1. When a defendant pleads guilty or guilty but mentally ill to, or is found guilty of , any violation of this chapter and an analysis of a dangerous drug was performed in relation to his case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.
κ1995 Statutes of Nevada, Page 2470 (CHAPTER 637, SB 314)κ
shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.
2. The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.
4. The money collected pursuant to subsection 1 in justices courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month.
5. The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.
6. In counties which receive forensic services under a contract with the state, any money in the fund for forensic services must be paid monthly by the county treasurer to the state treasurer for deposit in the state general fund, after retaining 2 percent of the money to cover his administrative expenses.
7. In counties which do not receive forensic services under a contract with the state, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
Sec. 42. NRS 483.560 is hereby amended to read as follows:
483.560 1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his drivers license has been canceled, revoked or suspended is guilty of a misdemeanor.
2. Except as otherwise provided in this subsection, if the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished:
(a) By imprisonment in jail for not less than 30 days nor more than 6 months; or
κ1995 Statutes of Nevada, Page 2471 (CHAPTER 637, SB 314)κ
(b) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000. No person who is punished under this subsection may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty , guilty but mentally ill or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.
3. Any term of imprisonment imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed under this section and NRS 484.3792 or 484.3794 must run consecutively.
5. The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was:
(a) Suspended shall extend the period of the suspension for an additional like period.
(b) Revoked shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.
(d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and 1 year for each subsequent violation.
Suspensions and revocations under this section must run consecutively.
Sec. 43. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Any person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
κ1995 Statutes of Nevada, Page 2472 (CHAPTER 637, SB 314)κ
(b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:
(1) Shall sentence him to:
(I) Imprisonment for not less than 10 days nor more than 6 months in jail; or
(II) Residential confinement for not less than 10 days nor more than 6 months,
in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.079, inclusive;
(2) Shall fine him not less than $500 nor more than $1,000; and
(3) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.
A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.
(c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
2. Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended except, as provided in NRS 4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
4. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation.
κ1995 Statutes of Nevada, Page 2473 (CHAPTER 637, SB 314)κ
within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. If the person who violated the provisions of NRS 484.379 possesses a drivers license issued by a state other than Nevada and does not reside in Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:
(a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or
(b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,
and the court shall notify the department if the person fails to complete the assigned course within the specified time.
7. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
8. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same or similar conduct.
Sec. 44. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. Any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has 0.10 percent or more by weight of alcohol in his blood;
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood;
(d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or
(e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,
and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.
κ1995 Statutes of Nevada, Page 2474 (CHAPTER 637, SB 314)κ
2. No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty , guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in subsection 4, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
3. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
4. A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:
(a) Is imprisoned in the state prison, an institution of minimum security, a conservation camp, a restitution center or a similar facility for not less than 1 year; and
(b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.
5. If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.
Sec. 45. NRS 484.3797 is hereby amended to read as follows:
484.3797 1. The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:
(a) Have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance; and
(b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.
The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.
2. Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty of , any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:
(a) Attend, at the defendants expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance, in order to understand the effect such a crime has on other persons; and
κ1995 Statutes of Nevada, Page 2475 (CHAPTER 637, SB 314)κ
killed by persons driving under the influence of an intoxicating liquor or a controlled substance, in order to understand the effect such a crime has on other persons; and
(b) Pay the fee, if any, established by the court pursuant to subsection 1.
The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendants residence.
3. A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.
Sec. 46. NRS 484.3798 is hereby amended to read as follows:
484.3798 1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty of , any violation of NRS 484.379 or 484.3795 and a chemical analysis of his blood, urine, breath or other bodily substance was conducted, the court shall, in addition to any penalty provided by law, order the defendant to pay the sum of $60 as a fee for the chemical analysis. Except as otherwise provided in this subsection, any money collected for the chemical analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the courts docket.
2. All money collected pursuant to subsection 1 must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
3. The treasurer shall deposit all money received by him pursuant to subsection 2 in the county or city treasury, as appropriate, for credit to the fund for forensic services created pursuant to NRS 453.575. The money must be accounted for separately within the fund.
4. Except as otherwise provided in subsection 5, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
5. In counties that do not receive forensic services under a contract with the state, the money credited to the fund pursuant to subsection 3:
(a) Except as otherwise provided in paragraph (b), must be:
(1) Expended to pay for the chemical analyses performed within the county;
(2) Expended to purchase and maintain equipment to conduct such analyses;
(3) Expended for the training and continuing education of the employees who conduct such analyses; and
(4) Paid to law enforcement agencies which conduct such analyses to be used by those agencies in the manner provided in this subsection.
(b) May only be expended to cover the costs of chemical analyses conducted by, equipment used by, or training for employees of an analytical laboratory that is approved by the committee on testing for intoxication created in NRS 484.388.
Sec. 47. NRS 489.421 is hereby amended to read as follows:
κ1995 Statutes of Nevada, Page 2476 (CHAPTER 637, SB 314)κ
489.421 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Revocation or denial of a license issued pursuant to this chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license required by any political subdivision of this state.
3. Failure to respond to a notice served by the division as provided by law within the time specified in the notice.
4. Failure or refusing to permit access by the administrator to documentary materials set forth in NRS 489.231.
5. Disregarding or violating any provision of this chapter or any regulation adopted under it.
6. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
7. Conviction of or entering a plea of guilty , guilty but mentally ill or nolo contendere to a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 48. NRS 616.104 is hereby amended to read as follows:
616.104 Incarcerated means confined in:
1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty or nolo contendere in a criminal proceeding; or
2. Any institution or facility for the mentally ill as a result of [a plea of not guilty by reason of insanity in] a criminal proceeding,
in this state, another state or a foreign country.
Sec. 49. NRS 624.265 is hereby amended to read as follows:
624.265 An applicant for a contractors license and each officer, director, partner and associate thereof shall possess good character. Lack of character may be established by showing that the applicant or any officer, director, partner or associate thereof has:
1. Committed any act which, if committed by any licensed contractor, would be grounds for the suspension or revocation of a contractors license;
2. A bad reputation for honesty and integrity;
3. Entered a plea of guilty or guilty but mentally ill to, been found guilty of or been convicted of a felony or crime involving moral turpitude arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
4. Had a license revoked for reasons that would preclude the granting of a license for which the application has been made.
Sec. 50. NRS 632.323 is hereby amended to read as follows:
632.323 The board may deny, revoke or suspend any certificate to practice as a nursing assistant applied for or issued pursuant to this chapter, or otherwise discipline a holder of a certificate upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a certificate to practice as a nursing assistant.
2. Has been convicted of a felony or any offense substantially related to the qualifications, functions and duties of a nursing assistant.
κ1995 Statutes of Nevada, Page 2477 (CHAPTER 637, SB 314)κ
3. Is unfit or incompetent by reason of gross negligence or a pattern of unsafe conduct in carrying out usual nursing functions.
4. Uses any controlled substance, dangerous drug, as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his certificate.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a certificate.
(d) Impersonating or representing himself as another nursing assistant, a licensed practical nurse, a registered nurse or a physician.
(e) Permitting or allowing another person to use his certificate for the purpose of practicing as a nursing assistant.
(f) Repeated negligence in performing the duties of a nursing assistant, which may be evidenced by claims settled against him.
(g) Conviction for the use or unlawful possession of a controlled substance or a dangerous drug as defined in chapter 454 of NRS.
(h) Physical, verbal or psychological abuse of a patient.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has been disciplined in another state in connection with a certificate to practice as a nursing assistant or has committed acts in another state which would constitute a violation of this chapter.
10. Has acted in a fraudulent or deceitful manner in the course of his practice.
For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The board may take disciplinary action pending the appeal of a conviction and regardless of any order entered pursuant to NRS 176.225 dismissing an indictment or information.
Sec. 51. NRS 639.066 is hereby amended to read as follows:
639.066 Conviction means a plea or verdict of guilty or guilty but mentally ill or a conviction following a plea of nolo contendere to a charge of a felony, any offense involving moral turpitude or any violation of the provisions of this chapter or chapter 453 or 454 of NRS.
Sec. 52. NRS 645.330 is hereby amended to read as follows:
645.330 1. Except as otherwise provided by specific statute, the division may approve an application for a license for a person who meets all the following requirements:
(a) Has a good reputation for honesty, trustworthiness and integrity and who offers proof of those qualifications satisfactory to the division.
(b) Has not made a false statement of material fact on his application.
κ1995 Statutes of Nevada, Page 2478 (CHAPTER 637, SB 314)κ
(c) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.
(d) Has passed the examination.
2. The division:
(a) May deny a license to any person who has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in a real estate business without a license, possessing for the purpose of sale any controlled substance or any crime involving moral turpitude, in any court of competent jurisdiction in the Unites States or elsewhere; and
(b) Shall not issue a license to such a person until at least 3 years after:
(1) The person pays any fine or restitution ordered by the court; or
(2) The expiration of the period of the persons parole, probation or sentence,
whichever is later.
3. Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.
4. A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a brokers license.
Sec. 53. NRS 645.350 is hereby amended to read as follows:
645.350 1. Application for license as a real estate broker, broker-salesman or salesman must be made in writing to the division upon blanks prepared or furnished by the division.
2. Every application for a real estate brokers, broker-salesmans or salesmans license must set forth the following information:
(a) The name, age and address of the applicant. If the applicant is a partnership or an association which is doing business as a real estate broker, the name and address of each member thereof. If the application is for a corporation which is doing business as a real estate salesman, real estate broker-salesman or real estate broker, the name and address of each officer and director thereof.
(b) In the case of a broker, the name under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicants firm, partnership or association. Except as provided in NRS 645.387, a license must not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license must not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.
κ1995 Statutes of Nevada, Page 2479 (CHAPTER 637, SB 314)κ
(c) In the case of a broker, the place or places, including the street number, the city and county where the business is to be conducted.
(d) The business or occupation engaged in by the applicant for at least 2 years immediately preceding the date of the application, and the location thereof.
(e) The time and place of the applicants previous experience in the real estate business as a broker or salesman.
(f) Whether the applicant has ever been convicted of or is under indictment for a felony or has entered a plea of guilty , guilty but mentally ill or nolo contendere to a charge of felony, and if so, the nature of the felony.
(g) Whether the applicant has been convicted of or entered a plea of nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, engaging in the business of selling real estate without a license or any crime involving moral turpitude.
(h) Whether the applicant has been refused a real estate brokers, broker-salesmans or salesmans license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state, district or territory of the United States or any other country.
(i) If the applicant is a member of a partnership or association, or an officer of a corporation, the name and address of the office of the partnership, association or corporation of which the applicant is a member or officer.
3. An applicant for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated, expressing the intent of that broker to associate the applicant with him and to be responsible for the applicants activities as a licensee.
4. If a partnership or association is to do business as a real estate broker, the application for a brokers license must be verified by at least two members thereof. If a corporation is to do business as a real estate broker, the application must be verified by the president and the secretary thereof.
Sec. 54. NRS 645.633 is hereby amended to read as follows:
645.633 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Willfully using any trade name, service mark or insigne of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
2. Violating any order of the commission, any agreement with the division, any of the provisions of this chapter, chapter 119, 119A, 119B or 645A of NRS or of any regulation adopted thereunder.
3. Paying a commission, compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
4. A felony, or has entered a plea of guilty , guilty but mentally ill or nolo contendere to a charge of felony or any crime involving fraud, deceit, misrepresentation or moral turpitude.
5. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
6. Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.
κ1995 Statutes of Nevada, Page 2480 (CHAPTER 637, SB 314)κ
reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.
7. Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.
8. Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.
9. Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119, 119A or 119B of NRS.
10. Any other conduct which constitutes deceitful, fraudulent or dishonest dealing.
11. Any conduct which took place before his being licensed, which was in fact unknown to the division and which would have been grounds for denial of a license had the division been aware of the conduct.
12. Acting in the dual capacity of agent and undisclosed principal in any transaction.
13. Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
Sec. 55. NRS 645C.290 is hereby amended to read as follows:
645C.290 An application for a certificate or license must be in writing upon a form prepared and furnished by the division. The application must include the following information:
1. The name, age and address of the applicant.
2. The place or places, including the street number, city and county, where the applicant intends to conduct business as an appraiser.
3. The business, occupation or other employment of the applicant during the 5 years immediately preceding the date of the application, and the location thereof.
4. The periods during which, and the locations where, he gained his experience as an intern.
5. Whether the applicant has ever been convicted of, is under indictment for, or has entered a plea of guilty , guilty but mentally ill or nolo contendere to:
(a) A felony, and if so, the nature of the felony.
(b) Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude.
6. Whether the applicant has ever been refused a certificate, license or permit to act as an appraiser, or has ever had such a certificate, license or permit suspended or revoked, in any other jurisdiction.
7. If the applicant is a member of a partnership or association or is an officer of a corporation, the name and address of the principal office of the partnership, association or corporation.
8. Any other information the division requires.
κ1995 Statutes of Nevada, Page 2481 (CHAPTER 637, SB 314)κ
Sec. 56. NRS 645C.320 is hereby amended to read as follows:
645C.320 1. The administrator shall issue a certificate or license, as appropriate, to any person:
(a) Of good moral character, honesty and integrity;
(b) Who meets the educational requirements and has the experience prescribed in NRS 645C.330; and
(c) Who, except as otherwise provided in NRS 645C.360, has satisfactorily passed a written examination approved by the commission.
2. The administrator may deny an application for a certificate or license to any person who:
(a) Has been convicted of, or entered a plea of guilty , guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;
(b) Makes a false statement of a material fact on his application; or
(c) Has had a certificate, license or registration card suspended or revoked pursuant to this chapter, or a certificate, license or permit to act as an appraiser suspended or revoked in any other jurisdiction, within the 10 years immediately preceding the date of his application.
Sec. 57. NRS 690B.029 is hereby amended to read as follows:
690B.029 1. A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this state to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:
(a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the department of motor vehicles and public safety; and
(b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:
(1) Is not involved in an accident involving a motor vehicle for which the insured is at fault;
(2) Maintains a driving record free of violations; and
(3) Has not been convicted of or entered a plea of guilty , guilty but mentally ill or nolo contendere to a moving traffic violation or an offense involving the operation of a motor vehicle while under the influence of intoxicating liquor or controlled substances.
2. The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.
4. The organization that offers a course of traffic safety approved by the department of motor vehicles and public safety shall issue a certificate to each person who successfully completes the course.
κ1995 Statutes of Nevada, Page 2482 (CHAPTER 637, SB 314)κ
person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.
5. The commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the commissioner before delivering or issuing a policy with a provision containing such a reduction.
Sec. 58. Section 3 of Assembly Bill No. 570 of this session is hereby amended to read as follows:
Sec. 3. 1. A conviction under NRS 207.010 or section 2 of [this act] Assembly Bill No. 570 of this session operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
2. If a count under NRS 207.010 or section 2 of [this act] Assembly Bill No. 570 of this session is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading, but such a conviction must not be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A court under NRS 207.010 or section 2 of [this act] Assembly Bill No. 570 of this session may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 3 held, until 15 days after the separate filing.
3. If a defendant charged under NRS 207.010 or section 2 of [this act] Assembly Bill No. 570 of this session pleads guilty or guilty but mentally ill to, or is found guilty of, [or pleads guilty to,] the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. At such a hearing, the defendant may not challenge the validity of a previous conviction. The court shall impose sentence:
(a) Under NRS 207.010 upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality; or
(b) Under section 2 of [this act] Assembly Bill No. 570 of this session upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitually fraudulent felon.
4. Nothing in the provisions of this section, NRS 207.010 or section 2 of [this act] Assembly Bill No. 570 of this session limits the prosecution in introducing evidence of prior convictions for purposes of impeachment or another lawful purpose.
5. For the purposes of this section, NRS 207.010 and section 2 of [this act,] Assembly Bill No. 570 of this session, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
Sec. 59. Section 1 of Assembly Bill No. 364 of this session is hereby amended to read as follows:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county whose population is 400,000 or more or a city located within such a county, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justices or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.
κ1995 Statutes of Nevada, Page 2483 (CHAPTER 637, SB 314)κ
may, by ordinance, authorize the justices or judges of the justices or municipal courts within its jurisdiction to impose for not longer than 25 years, in addition to an administrative assessment imposed pursuant to NRS 176.059, an administrative assessment for the provision of court facilities.
2. Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment.
3. The provisions of subsection 2 do not apply to:
(a) An ordinance regulating metered parking; or
(b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.
4. The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.
5. If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:
(a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;
(b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section; and
(c) To pay the fine.
6. The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center which includes the municipal courts.
κ1995 Statutes of Nevada, Page 2484 (CHAPTER 637, SB 314)κ
(b) Construct or acquire additional facilities for the municipal courts or a regional justice center which includes the municipal courts.
(c) Renovate or remodel existing facilities for the municipal courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center which includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center which includes the municipal courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
7. The money collected for administrative assessments for the provision of court facilities in justices courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:
(a) Acquire land on which to construct additional facilities for the justices courts or a regional justice center which includes the justices courts.
(b) Construct or acquire additional facilities for the justices courts or a regional justice center which includes the justices courts.
(c) Renovate or remodel existing facilities for the justices courts.
(d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justices courts or a regional justice center which includes the justices courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.
(e) Acquire advanced technology for use in the additional or renovated facilities.
(f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justices courts or a regional justice center which includes the justices courts.
Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities.
κ1995 Statutes of Nevada, Page 2485 (CHAPTER 637, SB 314)κ
pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justices court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.
8. If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.
Sec. 60. NRS 175.521 is hereby repealed.
Sec. 61. The amendatory provisions of this act are applicable only to criminal proceedings concerning offenses committed on or after October 1, 1995.
Sec. 62. Section 42 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
Assembly Bill No. 388Committee on Ways and Means
CHAPTER 638
AN ACT relating to the governors advisory council on education relating to the Holocaust; requiring the council to develop programs to raise money for the use of the council in carrying out its duties; authorizing the expenditure of any such money; requiring the council to submit a report regarding its programs and expenditures; making an appropriation to the council; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233G.040 is hereby amended to read as follows:
233G.040 The council shall:
1. Develop programs for the education of children and adults in issues relating to the Holocaust, make reports and advise public and private bodies throughout the state on matters relevant to education concerning the Holocaust.
2. [Prepare to host the International Conference on the Holocaust to be held in Nevada in 1991.] Develop programs to raise money for the use of the council in carrying out its duties. Any money raised by the council pursuant to this subsection must be accounted for separately in the state general fund and is authorized for expenditure by the council in carrying out its duties.
3. On or before January 1 of each odd-numbered year, submit a report which describes the programs that the council has developed and expenditures that it has made to the superintendent of public instruction and to the director of the legislative counsel bureau for transmittal to the legislative commission.
κ1995 Statutes of Nevada, Page 2486 (CHAPTER 638, AB 388)κ
Sec. 2. 1. There is hereby appropriated from the state general fund to the governors advisory council on education relating to the Holocaust the sum of $60,000 for carrying out its duties.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective on July 1, 1995.
________
Assembly Bill No. 737Committee on Ways and Means
CHAPTER 639
AN ACT relating to public schools; apportioning the state distributive school account in the state general fund for the biennium 1995-1997; making an appropriation; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of public school money; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.040 is hereby amended to read as follows:
387.040 [The]
1. Except as otherwise provided in subsection 2, the state treasurer shall pay over all public school money received by him only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of county treasurers. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, the state treasurer shall pay over to the school district all public school money due to the school district.
Sec. 2. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, [the state controller shall render to the superintendent of public instruction a statement of the money in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Except as otherwise provided in this section, immediately after the state controller has made his quarterly report,] the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. Apportionment computed on a yearly basis equals the difference between the basic support and the local funds available. No apportionment may be made if the amount of the local funds exceeds the amount of basic support.
κ1995 Statutes of Nevada, Page 2487 (CHAPTER 639, AB 737)κ
[3.] 2. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 3. NRS 387.1243 is hereby amended to read as follows:
387.1243 1. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.
2. A final [apportionment] adjustment must be computed as soon as practicable following the close of the school year, but not later than August [1.] 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:
(a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.
(b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.
3. If the final computation of apportionment for any school district exceeds the actual amount paid to the school district during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to the school district during the school year, [the amount of overpayment must be deducted from the next apportionment payable to the school district. If the amount of overpayment is greater than the next apportionment payable,] the difference must be repaid to the state distributive school account in the state general fund by the school district before September [1.] 25.
Sec. 4. NRS 387.185 is hereby amended to read as follows:
387.185 1. [All] Except as otherwise provided in subsection 2, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due to that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
κ1995 Statutes of Nevada, Page 2488 (CHAPTER 639, AB 737)κ
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
Sec. 5. The basic support guarantee for school districts for operating purposes for the fiscal year 1995-1996 is an estimated weighted average of $3,497. For each respective school district, the basic support guarantee per pupil for the fiscal year 1995-1996 is:
Carson City $3,805
Churchill County 4,084
Clark County 3,389
Douglas County 3,711
Elko County 4,028
Esmeralda County 6,625
Eureka County 100
Humboldt County 3,976
Lander County 3,978
Lincoln County 6,053
Lyon County 4,394
Mineral County 4,088
Nye County 4,200
Pershing County 4,538
Storey County 5,651
Washoe County 3,258
White Pine County 4,474
Sec. 6. 1. The basic support guarantee for school districts for operating purposes for the fiscal year 1996-1997 is an estimated weighted average of $3,621 per pupil.
2. The department of taxation on or before April 1, 1996, shall provide a certified estimate of the assessed valuation for each school district for the fiscal year 1996-1997. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including any assessed valuation attributable to the net proceeds for minerals derived from within the boundaries of the district.
3. On or before June 3 of each year, the department of taxation shall provide an estimate of the net proceeds of minerals based upon statements required of mine operators pursuant to NRS 362.115.
4. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the fiscal year 1996-1997 for operating purposes are:
Basic Estimated
Support Basic
Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
Carson City $3,805 $116 $3,921
Churchill County 3,970 229 4,199
Clark County 3,507 2 3,509
Douglas County 3,981 (127) 3,854 Elko County 3,896 266 4,162
κ1995 Statutes of Nevada, Page 2489 (CHAPTER 639, AB 737)κ
Elko County 3,896 266 4,162
Esmeralda County 7,546 (688) 6,858
Eureka County 9,744 (9,644) 100
Humboldt County 4,057 40 4,097
Lander County 4,191 (65) 4,126
Lincoln County 5,899 382 6,281
Lyon County 4,245 255 4,500
Mineral County 4,262 (11) 4,251
Nye County 4,319 22 4,341
Pershing County 4,787 (92) 4,695
Storey County 5,714 51 5,765
Washoe County 3,439 (43) 3,396
White Pine County 4,420 233 4,653
5. The ad valorem adjustment may be made only to take into account the difference in the assessed valuation and the estimated enrollment of the school district between the amount estimated as of April 1, 1995, and the amount estimated as of April 1, 1996, for the fiscal year 1996-1997. Estimates of net proceeds of minerals received from the department of taxation on or before June 3 pursuant to subsection 3 may be taken into consideration in determining the adjustment.
6. Upon receipt of the certified estimates of assessed valuations as of April 1, 1996, from the department of taxation, the department of education must recalculate the amount of ad valorem adjustment and the tentative basic support guarantee for operating purposes for the fiscal year 1996-1997 by April 25, 1996. The final basic support guarantee for each school district for the fiscal year 1996-1997 is the amount which is recalculated for the fiscal year 1996-1997 pursuant to this section, taking into consideration estimates of net proceeds of minerals received from the department of taxation on or before June 3. The basic support guarantee recalculated pursuant to this section must be calculated before June 6, 1996, and must not be less than $100 per pupil.
Sec. 7. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $26,739.76 in the fiscal year 1995-1996 and $27,151.22 in the fiscal year 1996-1997, excepted as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1995-1996 and 1996-1997 are:
Allocation of Special Education Units
1995-1996 1996-1997
DISTRICT Units Amount Units Amount
Carson City 63 $1,684,605 65 $1,764,829
Churchill County 33 882,412 35 950,293
Clark County 988 26,418,885 1,059 28,753,144
Douglas County 47 1,256,769 50 1,357,561
Elko County 62 1,657,865 67 1,819,132
Esmeralda County 3 80,219 3 81,454 Eureka County 4 106,959 4 108,605
κ1995 Statutes of Nevada, Page 2490 (CHAPTER 639, AB 737)κ
Eureka County 4 106,959 4 108,605
Humboldt County 23 615,015 25 678,781
Lander County 14 374,357 15 407,268
Lincoln County 12 320,877 13 352,966
Lyon County 41 1,096,330 43 1,167,503
Mineral County 10 267,398 10 271,512
Nye County 30 802,193 32 868,839
Pershing County 11 294,137 11 298,663
Storey County 5 133,699 6 162,907
Washoe County 344 9,198,478 362 9,828,742
White Pine County 16 427,836 17 461,571
Subtotal 1,706 $45,618,034 1,817 $49,333,770
Reserved by State
Board of Education __ 40 _ 1,069,590 __ 40 __ 1,086,049
TOTAL 1,746 $46,687,624 1,857 $50,419,819
3. The state board of education shall reserve 40 special education program units in each fiscal year of the 1995-1997 biennium, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year.
Sec. 8. 1. There is hereby appropriated from the state general fund to the state distributive school account in the state general fund created pursuant to NRS 387.030:
For the fiscal year 1995-1996.............................................. $362,673,057
For the fiscal year 1996-1997.............................................. $423,104,047
2. Of the money appropriated by subsection 1 for fiscal year 1995-1996, $4,769,552 is provided for school districts to purchase computer hardware and software for instructional use in schools. This amount shall be considered a one-time appropriation and must not be included in the adjusted base budget or in estimates of the cost of maintaining the current level of service for the 1997-1999 biennium.
3. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1995-1996 and 1996-1997, 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.
4. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate considerations of the merits of each request.
5. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
κ1995 Statutes of Nevada, Page 2491 (CHAPTER 639, AB 737)κ
6. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1995-1996 must be transferred and added to the money appropriated for the fiscal year 1996-1997 and may be expended as that money is expended.
7. Any remaining balance of the appropriation made by subsection 1 for the year 1996-1997, including any money added thereto pursuant to the provisions of subsections 4 and 6, must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. 1. Expenditure of $84,886,580 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1995.
2. Expenditure of $88,792,903 by the department of education from money in the state distributive school account which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1996.
3. For purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school account from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. 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 for expenditure by the department of education, in subsections 1 and 2, for the purposes of meeting obligations of the state incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount 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 authorized in subsections 1 and 2.
Sec. 10. During each of the fiscal years 1995-1996 and 1996-1997, whenever the state controller finds that current claims against the state distributive school account in the state general fund exceed the amount available in the account to pay those claims, he may advance temporarily from the state general fund to the state distributive school account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school account. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
Sec. 11. 1. The department of education is hereby authorized to spend from the state distributive school account the sum of $9,022,637 for the fiscal year 1995-1996 and $9,655,428 for the fiscal year 1996-1997 for the support of courses which are approved by the department of education as meeting the course of study for an adult standard high school diploma as approved by the state board of education.
κ1995 Statutes of Nevada, Page 2492 (CHAPTER 639, AB 737)κ
courses which are approved by the department of education as meeting the course of study for an adult standard high school diploma as approved by the state board of education.
Sec. 12. The amounts of the guarantees set forth in sections 5 and 6 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.
Sec. 13. This act becomes effective on July 1, 1995.
________
Senate Bill No. 448Committee on Commerce and Labor
CHAPTER 640
AN ACT relating to psychologists; requiring a firm, partnership or corporation which engages in or offers to engage in the practice of psychology to register with the board of psychological examiners; revising the fees charged by the board; revising the provisions relating to the privilege of confidential communications between a patient and his psychologist; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 641 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Patient means a person who consults or is examined or interviewed by a psychologist for purposes of diagnosis or treatment.
Sec. 3. 1. A firm, partnership or corporation which engages in or offers to engage in the practice of psychology shall register with the board.
2. The board shall adopt regulations which prescribe the requirements for such registration.
3. Any firm, partnership or corporation which violates the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 4. 1. Except as otherwise provided in subsection 2, a psychologist may practice only under the name that appears on the license to practice psychology issued to him by the board.
2. A psychologist may associate himself with a firm, partnership or corporation which engages in or offers to engage in the practice of psychology if:
(a) The firm, partnership or corporation is registered with the board; and
(b) The name and license of each psychologist associated with the firm, partnership or corporation is displayed conspicuously at the place where he practices psychology.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 641.020 is hereby amended to read as follows:
641.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641.021 to 641.027, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 2493 (CHAPTER 640, SB 448)κ
Sec. 7. NRS 641.025 is hereby amended to read as follows:
641.025 Practice of psychology means the [application of established principles and methods to understand, predict and influence human behavior including, but not limited to:
1. Principles of learning, perception and motivation.
2. Methods of interviewing, counseling, psychotherapy and modification of behavior.
3. Procedures for the construction, administration and interpretation of tests of mental ability, aptitude, attitude, personality and motivation.
4. The diagnosis, treatment, amelioration and prevention of emotional and mental disorders.] observation, description, evaluation, interpretation or modification of human behavior by the application of psychological principles, methods or procedures to prevent or eliminate problematic, unhealthy or undesired behavior and to enhance personal relationships and behavioral and mental health. The term includes, without limitation, such specialized areas of competence as:
1. Psychological testing and the evaluation of personal characteristics, including, without limitation, intelligence, personality, abilities, interests, aptitudes and neuropsychological functioning;
2. Counseling;
3. Psychoanalysis;
4. Psychotherapy;
5. Hypnosis;
6. Biofeedback;
7. Analysis and therapy relating to behavior;
8. Diagnosis and treatment of mental or emotional disorders, including, without limitation, disorders of habit or conduct;
9. Psychological aspects of physical injury, illness, accident or disability; and
10. Evaluation, therapy, remediation and consultation relating to the academic performance of the patient.
Sec. 8. NRS 641.029 is hereby amended to read as follows:
641.029 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A person licensed to practice dentistry in this state;
3. A person licensed as a marriage and family therapist [under] pursuant to chapter 641A of NRS;
4. A person licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation; or
7. Any clergyman,
[so long as] if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
κ1995 Statutes of Nevada, Page 2494 (CHAPTER 640, SB 448)κ
Sec. 8.3. NRS 641.112 is hereby amended to read as follows:
641.112 1. A licensed psychologist shall limit his practice of psychology to his areas of competence, as documented by education, training and experience.
2. The board shall ensure, by adopting regulations and enforcing the provisions of this chapter, that licensees limit their practice of psychology to their areas of competence . [as documented by education, training and experience.]
Sec. 8.5. NRS 641.170 is hereby amended to read as follows:
641.170 [Each applicant shall furnish]
1. Each application must be accompanied by evidence satisfactory to the board that [he:
1.] the applicant:
(a) Is at least 21 years of age.
[2.] (b) Is of good moral character as determined by the board.
[3.] (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States.
[4.] (d) Has earned a doctorate in psychology from an accredited educational institution approved by the board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the board in both subject matter and extent of training.
[5.] (e) Has at least 2 years of experience satisfactory to the board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the board.
2. Within 120 days after receiving an application and the accompanying evidence from an applicant, the board shall:
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure as a psychologist; and
(b) Issue a written statement to the applicant of its determination.
3. The written statement issued to the applicant pursuant to subsection 2 must include:
(a) If the board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.
(b) If the applicant has not earned a doctorate in psychology from an accredited educational institution approved by the board and the board determines that his doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.
Sec. 9. NRS 641.180 is hereby amended to read as follows:
641.180 1. The board shall administer to each applicant for a license a written examination on his knowledge of psychology. The examination administered must be the Examination for the Professional Practice of Psychology in the form most recently provided by the Professional Examination Service before January 1, 1987. In addition, the board may require an oral examination in whatever applied or theoretical fields it deems appropriate.
2. The examination must be given at least once a year, and may be given more often if deemed necessary by the board. The examination must be given at a time and place, and under such supervision, as the board may determine.
κ1995 Statutes of Nevada, Page 2495 (CHAPTER 640, SB 448)κ
at a time and place, and under such supervision, as the board may determine. A grade of 70 percent is a passing grade.
3. The board shall notify each applicant of the results of his written examination and supply him with a copy of all material information about those results provided to the board by the Professional Examination Service.
4. If an applicant fails the examination, he may request in writing that the board review his examination.
5. The board may waive the requirement of a written examination for a person who:
(a) Is licensed in another state;
(b) Has 10 years experience; and
(c) Is a diplomate in the American Board of Professional Psychology, a fellow in the American Psychological Association or other equivalent status as determined by the board.
Sec. 10. NRS 641.190 is hereby amended to read as follows:
641.190 The board may:
1. Grant a license without any examination to any person certified or licensed by a board of psychological examiners of another state if the board determines that the requirements in [such] that state are at least equivalent to the requirements of this chapter.
2. Authorize a psychologist licensed or certified [under] pursuant to the laws of another state to practice psychology for 1 year or less if the psychologist has:
(a) Made application to the board for licensure; [and]
(b) Met the requirements of education and experience for licensure in this state [.] ; and
(c) Not been disciplined in another state in connection with his license to practice psychology or has not committed any act in another state which is a violation of this chapter.
Sec. 11. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the board for renewal;
(b) Pay the biennial fee for [registration;] the renewal of a license; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. Upon renewing his license, the holder of the license shall declare his areas of competence, as determined in accordance with NRS 641.112.
3. The board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 12. NRS 641.230 is hereby amended to read as follows:
641.230 The board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the board finds by a preponderance of the evidence that the psychologist has:
1. Been convicted of a felony.
κ1995 Statutes of Nevada, Page 2496 (CHAPTER 640, SB 448)κ
2. Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.
3. Been convicted of violating any of the provisions of NRS 616.630, 616.635, 616.640 or 616.675 to 616.700, inclusive.
4. Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.
5. Aided or abetted the practice of psychology by a person not licensed by the board.
6. Made any fraudulent or untrue statement to the board.
7. Violated a regulation adopted by the board.
8. Had his license to practice psychology suspended or revoked by another state.
9. Failed to report to the board within 30 days the revocation, suspension or surrender of a license or certificate to practice psychology issued by another state.
10. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.
11. Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.
12. Engaged in sexual activity with a patient.
13. Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.
14. Been convicted of submitting a false claim for payment to the insurer of a patient.
Sec. 13. NRS 641.350 is hereby amended to read as follows:
641.350 1. The license of any person who fails to pay the biennial fee for [registration] the renewal of a license within 60 days after the date when it is due is automatically suspended. The board may, within 2 years after the date the license is so suspended, reinstate the license upon payment to the board of the amount of the then current biennial fee for [registration] the renewal of a license and the amount of the fee for the restoration of a license so suspended. If the license is not reinstated within 2 years, the board may reinstate the license only if it also determines that the holder of the license is competent to practice psychology.
2. A notice must be sent to any person who fails to pay the biennial fee, informing him that his license is suspended.
Sec. 14. NRS 641.370 is hereby amended to read as follows:
641.370 1. The board shall charge and collect not more than the following fees respectively:
For [application for registration by] the written examination, in addition to the actual cost to the board of the examination ....................... $100
For [application for registration by] the special oral examination , in addition to the actual cost to the board of the examination ............ 100
For the issuance of an initial license [of registration] .............. 25 For the biennial [registration] renewal of a license [300] 500
κ1995 Statutes of Nevada, Page 2497 (CHAPTER 640, SB 448)κ
For the biennial [registration] renewal of a license ......... [300] 500
For the restoration of a license suspended for the nonpayment of the biennial fee for [registration] the renewal of a license........................ 100
For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology..................... 300
For the registration of a nonresident to practice as a consultant 100
2. An applicant who passes the examination and is eligible for [registration] a license shall pay the biennial fee for [registration] the renewal of a license which must be prorated for the period from the date [of registration] the license is issued to the end of the biennium.
3. In addition to the fees set forth in subsection 1, the board may charge and collect a fee for any other service it provides. The fee must not exceed the cost to provide the service.
Sec. 15. Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 19, inclusive, of this act.
Sec. 16. As used in sections 16 to 19, inclusive, of this act, unless the context otherwise requires:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the psychologist, including members of the patients family.
2. Patient has the meaning ascribed to it in section 2 of this act.
3. Psychologist has the meaning ascribed to it in NRS 641.027.
Sec. 17. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between himself and his psychologist or any other person who is participating in the diagnosis or treatment under the direction of the psychologist, including a member of the patients family.
Sec. 18. 1. The privilege may be claimed by the patient, by his guardian or conservator or by the personal representative of a deceased patient.
2. The psychologist of a patient may claim the privilege but only on behalf of the patient. The authority of the psychologist to claim the privilege is presumed in the absence of evidence to the contrary.
Sec. 19. There is no privilege pursuant to section 17 or 18 of this act:
1. For communications relevant to an issue in a proceeding to hospitalize the patient for mental illness, if the psychologist in the course of diagnosis or treatment has determined that the patient requires hospitalization.
2. For communications relevant to an issue of the treatment of the patient in any proceeding in which the treatment is an element of a claim or defense.
3. If disclosure is otherwise required by state or federal law.
κ1995 Statutes of Nevada, Page 2498 (CHAPTER 640, SB 448)κ
4. For communications relevant to an issue in a proceeding to determine the validity of a will of the patient.
5. If there is an immediate threat that the patient will harm himself or other persons.
6. For communications made in the course of a court-ordered examination of the condition of a patient with respect to the specific purpose of the examination unless the court orders otherwise.
7. For communications relevant to an issue in an investigation or hearing conducted by the board of psychological examiners if the treatment of the patient is an element of that investigation or hearing.
8. For communications relevant to an issue in a proceeding relating to the abuse or neglect of a disabled or legally incompetent person.
Sec. 20. NRS 49.215 is hereby amended to read as follows:
49.215 As used in NRS 49.215 to 49.245, inclusive:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry [,] or osteopathic medicine [or psychology] in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a [psychologist or] psychiatric social worker, or someone under his guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.
3. Patient means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.
Sec. 21. NRS 641.120 and 641.330 are hereby repealed.
Sec. 22. Notwithstanding the provisions of section 3 of this act, a firm, partnership or corporation which engages in or offers to engage in the practice of psychology is not required to register with the board of psychological examiners before January 1, 1996.
Sec. 23. This act becomes effective upon passage and approval for the purpose of adopting the regulations required pursuant to section 3 of this act and on October 1, 1995, for all other purposes.
________
κ1995 Statutes of Nevada, Page 2499κ
Senate Bill No. 101Committee on Natural Resources
CHAPTER 641
AN ACT relating to water; requiring the division of water planning of the state department of conservation and natural resources to coordinate with local governments in developing a statewide plan for the use of water resources; revising the provisions governing the composition and duties of the advisory board on water resources planning and development and the board for financing water projects; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 540.011 is hereby amended to read as follows:
540.011 1. The legislature determines that it is the policy of the State of Nevada to continue to recognize the critical nature of the states limited water resources. It is acknowledged that many of the states surface water resources are committed to existing uses, under existing water rights, and that in many areas of the state the available ground water supplies have been appropriated for current uses. It is the policy of the State of Nevada to recognize and provide for the protection of these existing water rights. It is also the policy of the state to encourage efficient and nonwasteful use of these limited supplies.
2. The legislature further recognizes the relationship between the critical nature of the states limited water resources and the increasing demands placed on these resources as the population of the state continues to grow.
3. The legislature further recognizes the relationship between the quantity of water and the quality of water, and the necessity to consider both factors simultaneously when planning the uses of water.
4. The legislature further recognizes the important role of water resource planning and that such planning must be based upon identifying current and future needs for water. The legislature determines that the purpose of the states water resource planning is to assist the state, its local governments and its citizens in developing effective plans for the use of water.
Sec. 2. NRS 540.051 is hereby amended to read as follows:
540.051 The division shall:
1. Provide political subdivisions and private enterprises in arid regions with information, alternatives and recommendations bearing upon regional shortages of water including feasible selections or courses of planning and action for acquiring additional water or for conserving water now available, or both.
2. Include in its planning:
(a) The investigation of new sources of water such as desalinization, importation and conservation, and means of transporting existing water; [and]
(b) Recognition and protection of existing water rights consistent with chapters 533 and 534 of NRS; and
κ1995 Statutes of Nevada, Page 2500 (CHAPTER 641, SB 101)κ
(c) Consideration of the factors relating to the quality of water in this state and the importance of considering the issues of quantity and quality simultaneously, but the state environmental commission and division of environmental protection of the state department of conservation and natural resources retain full responsibility for the management of water quality.
3. Evaluate previous studies and compile existing information to assist in determining the suitability of potential sites as facilities for the storage of water upstream.
4. Develop forecasts of supply and demand for future needs.
5. Advise the state department of conservation and natural resources and the legislature concerning economic and social effects of water policy.
6. Suggest to the legislature changes in water policy which may be necessary to meet new requirements of law or of the people of the state.
7. Cooperate with the state engineer in dealings with the Federal Government and other states, but the state engineer is solely responsible for the allocation of water resources and litigation.
8. Provide the board for financing water projects and the director of the department of business and industry with necessary technical and clerical assistance in financing water projects.
Sec. 3. NRS 540.101 is hereby amended to read as follows:
540.101 1. The [administrator may develop plans] division shall develop a plan for the use of water resources [which affect a specified region, the area] within the [jurisdiction of a local government or the] state.
2. [A] The division shall coordinate with local governments in developing the plan pursuant to subsection 1. Upon request of the division, each local government shall cooperate with and assist the division in the development of the plan.
3. The water plan developed pursuant to subsection 1 must [be approved by] include provisions designed to protect the identified needs for water for current and future development in the rural areas of the state, giving consideration to relevant factors, including, but not limited to, the economy of the affected areas and the quality of life in the affected areas.
4. The division shall submit to the legislature for its review and consideration:
(a) The plan developed pursuant to subsection 1; and
(b) The recommendations regarding the plan provided to the division by the advisory board on water resources planning and development pursuant to NRS 540.111.
The division must obtain the approval of the legislature before [it] the plan is implemented.
5. As used in this section, local government means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.
Sec. 4. NRS 540.111 is hereby amended to read as follows:
540.111 1. The advisory board on water resources planning and development, consisting of [13 members,] 15 members appointed by the governor, is hereby created within the division.
κ1995 Statutes of Nevada, Page 2501 (CHAPTER 641, SB 101)κ
2. [The members of the board for financing water projects are ex officio members of the advisory board.] The governor shall appoint [the remaining eight members of] to the advisory board : [as follows:]
(a) Six members who are representatives of the governing bodies of [counties and cities;] the county with the largest population in the state and the cities in that county;
(b) One member who is a representative of the largest water utility in the county with the largest population in the state; [and]
(c) Two members who are representatives of the county with the second largest population in the state and the cities in that county;
(d) One member who is a representative of the largest water utility in the county with the second largest population in the state [.] ;
(e) One member who is representative of the general public; and
(f) Four members, each of whom represents a different one of the following interests:
(1) Farming;
(2) Mining;
(3) Ranching; and
(4) Wildlife.
The governor shall make the appointments required by this subsection so that [, including the ex officio members,] at least seven members of the advisory board are residents of the county with the largest population in the state , [and] at least three members are residents of the county with the second largest population in the state [.] and at least three members are residents of a county whose population is less than 100,000.
3. The [appointed] members of the advisory board serve at the pleasure of the [appointing authority.] governor.
4. All vacancies [in the appointed members] on the advisory board must be filled in the same manner of appointment as the member who created the vacancy.
5. The members of the advisory board are entitled to receive a salary of $60 for each days attendance at a meeting of the advisory board and the travel and subsistence allowances provided by law for state officers and employees generally.
6. The advisory board shall, at its first meeting and annually thereafter, elect a chairman from among its members.
7. The advisory board may meet at least once in each calendar quarter and at other times upon the call of the chairman or a majority of the members.
8. [Seven] A majority of the members of the advisory board [constitute] constitutes a quorum. A quorum may exercise all of the powers and duties of the advisory board.
9. The advisory board shall:
(a) Advise the administrator on matters relating to the planning and development of water resources;
(b) Be informed on and interested in the administrative duties of the division and any legislation recommended by the division;
(c) Advise and make recommendations through the division and the state department of conservation and natural resources to the governor and the legislature concerning policies for water planning and the development of water resources in this state; [and]
κ1995 Statutes of Nevada, Page 2502 (CHAPTER 641, SB 101)κ
legislature concerning policies for water planning and the development of water resources in this state; [and]
(d) Advise the administrator concerning the policies of the division and areas of emphasis for the planning of water resources [.] ; and
(e) Review, and provide written recommendations to the division regarding, the plan for the use of water resources developed pursuant to NRS 540.101.
Sec. 5. NRS 349.957 is hereby amended to read as follows:
349.957 1. The board for financing water projects is hereby created. The board consists of one ex officio member and five members appointed by the governor.
2. The governor shall appoint [:
(a) Four persons who are:
(1) Residents of this state; and
(2) Knowledgeable and experienced in the fields of planning and the development and reclamation of water resources.
(b) One person who is a resident of this state and knowledgeable in the field of municipal finance.] to the board:
(a) One member who is a representative of the county with the largest population in the state;
(b) One member who is a representative of the county with the second largest population in the state; and
(c) Three members who are representatives of counties in the state whose populations are less than 100,000,
of whom one member is knowledgeable in the field of municipal finance and the remaining members are knowledgeable in the fields of planning and the development and reclamation of water resources.
3. The administrator of the health division of the department of human resources, or a person he designates, shall serve ex officio as a nonvoting member of the board.
4. Not more than three voting members of the board may be members of the same political party and not more than two may be residents of the same county.
Sec. 6. 1. The members of the advisory board on water resources planning and development appointed pursuant to NRS 540.111, before its amendment pursuant to section 4 of this act, cease to serve in that capacity after September 30, 1995.
2. As soon as practicable after the effective date of this section, the governor shall appoint to the advisory board on water resources planning and development the members required by the amendatory provisions of section 4 of this act, to commence their service in that capacity on October 1, 1995.
Sec. 7. 1. The terms of office of the members of the board for financing water projects who serve in that capacity on September 30, 1995, expire on that date.
2. As soon as practicable after the effective date of this section, the governor shall appoint to the board for financing water projects:
(a) Two of the members required by the amendatory provisions of section 5 of this act to initial terms that commence on October 1, 1995, and expire on September 30, 1996;
κ1995 Statutes of Nevada, Page 2503 (CHAPTER 641, SB 101)κ
(b) Two of the members required by the amendatory provisions of section 5 of this act to initial terms that commence on October 1, 1995, and expire on September 30, 1997; and
(c) One of the members required by the amendatory provisions of section 5 of this act to an initial term that commences on October 1, 1995, and expires on September 30, 1998.
Sec. 8. 1. This section and sections 6 and 7 of this act become effective upon passage and approval.
2. Sections 1 through 5, inclusive, of this act become effective on October 1, 1995.
________
Senate Bill No. 121Senator Jacobsen
CHAPTER 642
AN ACT relating to petroleum; increasing the fees for certain petroleum products and storage tanks; revising the provisions governing the allocation of costs resulting from the discharge from certain storage tanks; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.840 is hereby amended to read as follows:
590.840 1. Except as otherwise provided in subsection 3, the department shall collect for deposit in the fund a fee of [0.6] .075 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this state in one of those forms or refined in this state. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.
2. The department of motor vehicles and public safety shall cooperate with the department of taxation in ascertaining the amount of diesel fuel so imported and the identity of each person liable for payment of the fee upon it.
3. The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:
(a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;
(b) Exported from the state;
(c) Imported or refined by railroad companies for use in locomotive engines;
(d) Being transported through the state in interstate commerce; or
(e) Used as fuel for jet or turbine-powered aircraft.
κ1995 Statutes of Nevada, Page 2504 (CHAPTER 642, SB 121)κ
4. The fee is payable on or before the 25th day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The department shall prescribe by regulation the manner of payment of the fee [,] and for this purpose may reasonably classify the persons liable for payment . [, and] The department may , in collecting the fee , employ any administrative power conferred upon it by chapter 365 of NRS.
5. The expenses incurred by the department in performing its duties under NRS 590.700 to 590.920, inclusive, are a charge against the fund.
Sec. 2. NRS 590.850 is hereby amended to read as follows:
590.850 1. Except as otherwise provided in subsection 2, the division shall collect for deposit in the fund an annual fee not to exceed [$50,] $100, set by the board, for the registration of each storage tank.
2. No fee is to be collected, and no registration is required, with respect to a storage tank used to store heating oil for consumption on the same premises where the oil is stored, or a storage tank operated by a person not required to pay the fee for petroleum produced in or imported into this state.
3. The operator of a storage tank required to be registered pursuant to this section who fails to register that tank or to pay the annual fee when required shall reimburse the division for any expense incurred by the division in cleaning up a discharge from that storage tank and for any discharge of liability to a third person.
Sec. 3. NRS 590.880 is hereby amended to read as follows:
590.880 The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:
1. The first $250 for cleaning up and the first $250 of liability for damages to a person other than this state or the operator of the tank, or both amounts, by the operator.
2. [The] If necessary to protect the environment or the public health and safety, the next $250,000 for cleaning up and the next $250,000 for damages to a person other than this state or the operator of the tank, or both amounts, from the fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the operator.
Sec. 4. NRS 590.890 is hereby amended to read as follows:
590.890 [The] If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs must be paid as follows, to the extent applicable:
1. [The first $10,000] By an operator which is an agency, department, division or political subdivision of the state, 10 percent or $10,000, whichever is less, of the first $1,000,000 for cleaning up each tank and of the first [$10,000] $1,000,000 of liability for damages from each tank to any person other than this state or the operator of the tank, or both amounts . [, by the operator.
κ1995 Statutes of Nevada, Page 2505 (CHAPTER 642, SB 121)κ
2. The next $990,000] The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the fund, but the total amount paid from the fund pursuant to this subsection in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,980,000 for cleaning up and $1,980,000 for damages.
2. By an operator which is a small business, 10 percent of the first $1,000,000 for cleaning up each tank and of the [next $990,000] first $1,000,000 of liability for damages from each tank to a person other than this state or the operator of the tank, or both amounts . [, from the fund.] The total amount paid by an operator pursuant to this subsection must not exceed $50,000, for cleaning up and $50,000 for damages regardless of the number of storage tanks involved. The balance of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the fund , but the total amount paid from the fund pursuant to this subsection in any one fiscal year [on account of] for discharges from two or more storage tanks under the control of any one operator must not exceed [$1,980,000] $1,900,000 for cleaning up and [$1,980,000] $1,900,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. By all other operators:
(a) Ten percent of the first $1,000,000 for cleaning up each tank and of the first $1,000,000 of liability for damages from each tank to a person other than this state or the operator of the tank, or both amounts.
(b) Ninety percent of the first $1,000,000 for cleaning up each tank or for damages from each tank must be paid from the fund.
The total amount paid from the fund pursuant to paragraph (b) in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,800,000 for cleaning up and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
4. Any further cost for cleaning up or for damages [,] which is in excess of the amounts paid pursuant to subsections 1, 2 and 3 must be paid by the operator.
5. A political subdivision of the state that receives money from the fund pursuant to subsection 1 to pay for the costs of cleaning up shall hold one public hearing upon initiation of the clean-up and one public hearing every 3 months thereafter until the clean-up is completed to ensure that the clean-up complies with any requirements of the division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed to the political subdivision as part of the costs paid by the political subdivision pursuant to subsection 1.
6. For the purposes of this section, a small business is a business which receives less than $500,000 in gross annual receipts from the site where the tank is located.
Sec. 5. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2506κ
Senate Bill No. 550Committee on Natural Resources
CHAPTER 643
AN ACT relating to sanitation; revising the provisions governing the use of the Uniform Plumbing Code; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association [before January 1, 1991.] , unless the state public works board posts a notice of disapproval of any amendment to the Code pursuant to subsection 5.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.
3. No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, public water system has the meaning ascribed to it in NRS 445.376.
4. A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, facility used by members of the public means any motion picture house, theater, concert hall, community or convention hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in NRS 446.020.
(c) A childrens camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
5. The chairman of the state public works board or his designee shall review each amendment to the Uniform Plumbing Code and approve or disapprove of the amendment for use in Nevada. If the chairman does not post a notice of disapproval within 30 days after an amendment is published, the amendment shall be deemed approved for this state.
κ1995 Statutes of Nevada, Page 2507 (CHAPTER 643, SB 550)κ
Sec. 2. Section 1 of Senate Bill No. 477 of this session is hereby amended to read as follows:
Section 1. NRS 444.350 is hereby amended to read as follows:
444.350 1. Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association, unless the state public works board posts a notice of disapproval of any amendment to the Code pursuant to subsection 5.
2. Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.
3. No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, public water system has the meaning ascribed to it in NRS 445.376.
4. A facility used by members of the public whose construction or renovation begins on or after January 1, 1994, must provide on its premises a sufficient number of water closets and urinals to comply with the minimum standards set forth in the Uniform Plumbing Code. As used in this subsection, facility used by members of the public means any motion picture house, theater, concert hall, community [or convention] hall, sports arena, stadium, ski resort or other permanent place of exhibition or entertaining to which members of the public are invited or which is intended for public use. The term does not include:
(a) A hotel as defined in NRS 447.010.
(b) A food establishment as defined in NRS 446.020.
(c) A childrens camp as defined in NRS 444.220.
(d) A historic structure as defined in NRS 244A.6825.
(e) A public or private school.
(f) A convention hall.
5. The chairman of the state public works board or his designee shall review each amendment to the Uniform Plumbing Code and approve or disapprove of the amendment for use in Nevada. If the chairman does not post a notice of disapproval within 30 days after an amendment is published, the amendment shall be deemed approved for this state.
6. As used in this section, unless the context otherwise requires, convention hall means a facility which incorporates both space for exhibitions and a substantial number of smaller spaces for meetings, and which is primarily for use by trade shows, public shows, conventions or related activities.
Sec. 3. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2508κ
Assembly Bill No. 144Committee on Government Affairs
CHAPTER 644
AN ACT relating to cooperative agreements; authorizing certain public employers to enter into cooperative agreements concerning workmens compensation, employers liability or health insurance which obligate the employers to pledge revenues or contribute money to secure certain obligations; requiring the prior approval of the committee on benefits for certain cooperative agreements relating to health insurance; increasing the number of years an obligation to contribute money which is undertaken pursuant to a cooperative agreement concerning insurance may remain in force allowing certain public agencies to participate as a member of a nonprofit cooperative association or nonprofit corporation for the purchase of certain forms of health insurance or related medical services; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277.067 is hereby amended to read as follows:
277.067 1. [Any] Except as otherwise provided in subsection 2, any two or more political subdivisions of this state, agencies of the state or the University and Community College System of Nevada may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, [other than workmens compensation and employers liability,] as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; [or]
(e) Health insurance, as that term is defined in NRS 681A.030; or
(f) Insurance for any combination of these kinds of protection.
2. Any political subdivision of the state, any agency of the state or the University and Community College System of Nevada which participates in the states program of group insurance shall obtain the approval of the committee on benefits before it enters into a cooperative agreement for the purchase of health insurance pursuant to paragraph (e) of subsection 1.
3. Any such agreement may obligate the respective parties to pledge revenues or contribute money to secure the obligations or pay the expenses of the cooperative undertaking and may provide for the establishment of a separate entity to administer the undertaking.
Sec. 2. NRS 277.069 is hereby amended to read as follows:
277.069 1. Except as otherwise provided in subsections 2 and 3, any party to an agreement entered into pursuant to NRS 277.067, or any entity established by such an agreement, may:
(a) Obligate itself to contribute money for the purchase of insurance, the establishment of a reserve or fund for coverage, the payment of any debt, or for any other purpose related to the undertaking;
(b) Borrow money for any such purpose;
(c) Issue notes and bonds evidencing the borrowing; and
(d) Secure payment of the notes and bonds by a pledge of revenues.
κ1995 Statutes of Nevada, Page 2509 (CHAPTER 644, AB 144)κ
2. Except as otherwise provided in subsection 3, any obligation to contribute money which is undertaken pursuant to a cooperative agreement:
(a) Is binding notwithstanding that it is intended to remain in force beyond the current budget year or the terms of office of the present members of the governing body of the obligor.
(b) If undertaken to pay any debt, does not remain in force more than 30 years after the date of the borrowing.
(c) If undertaken to pay claims and administrative expenses, does not remain in force more than [5] 10 years, except with respect to claims arising from occurrences during the period it is in force.
3. Except for a pledge of revenues or obligation to contribute money which pledges revenues or commits money derived from a source other than taxation, any pledge or obligation which is made or undertaken pursuant to a cooperative agreement by an agency of the state or the University and Community College System of Nevada does not remain in force after the end of the biennium in which it is made or undertaken.
Sec. 3. NRS 287.025 is hereby amended to read as follows:
287.025 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may, in addition to the other powers granted in NRS 287.010 and 287.020 [, negotiate] :
1. Negotiate and contract with any other such agency or with the committee on benefits for the states group insurance plan to secure group insurance for its officers and employees and their dependents by participation in any group insurance plan established or to be established or in the states group insurance plan [.] ; and
2. To secure group health insurance or related medical services for its officers and employees and their dependents, excluding industrial insurance, participate as a member of a nonprofit cooperative association or nonprofit corporation established in this state solely to purchase such insurance or medical services for its members from an insurer licensed pursuant to the provisions of Title 57 of NRS.
Sec. 4. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2510κ
Assembly Bill No. 548Assemblyman Hettrick
CHAPTER 645
AN ACT relating to state land; revising certain fees of the state land registrar for the use of state land; requiring the state land registrar to grant credit towards fees paid for the commercial use of state land under certain circumstances; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 322 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Boat house means a covered or enclosed structure, in or on a navigable body of water, designed specifically to store, enclose, shelter or protect a vessel away from the elements.
Sec. 3. Deck means a fixed or floating platform or other structure, other than a boat house or pier, which is attached to the shore or bed of, and extends into or over, a navigable body of water.
Sec. 4. 1. The state land registrar shall grant a person credit towards the fee required pursuant to NRS 322.120 for the commercial use of state land in an amount equal to:
(a) The amount that the total fees charged to that person pursuant to that section for the previous year exceeded one and one-half cents for each gallon of fuel sold plus 5 percent of that persons gross revenue from the commercial use of that state land, excluding the sale of fuel, for that year;
(b) The amount that the United States Forest Service returned to the State of Nevada from money that the person was required to pay pursuant to a lease or permit to use federal land during the previous year which is attributable to revenues earned on land belonging to the State of Nevada; and
(c) The difference between the fee for a permit for commercial use and the fee for a permit for multiple residential use if during the previous year the person paid the fee for a permit for commercial use but did not conduct that commercial use.
2. A person who is eligible for a credit pursuant to subsection 1 shall demonstrate to the satisfaction of the state land registrar that he is entitled to such a credit.
3. If the amount of a credit granted pursuant to this section exceeds the amount of the fee imposed pursuant to NRS 322.120 for the year in which the credit will be used, the excess credit is forfeited and the state land registrar shall not grant a refund or apply the credit to any other year.
Sec. 5. NRS 322.003 is hereby amended to read as follows:
322.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 322.0032 to 322.0066, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 2511 (CHAPTER 645, AB 548)κ
Sec. 6. NRS 322.0036 is hereby amended to read as follows:
322.0036 Boat hoist means a hoist , other than a hoist inside a boat house, for raising vessels from, or lowering vessels into, a navigable body of water.
Sec. 7. NRS 322.004 is hereby amended to read as follows:
322.004 Boat slip means a space , other than a space inside a boat house, designed for the mooring or storage of vessels on a navigable body of water.
Sec. 8. NRS 322.0058 is hereby amended to read as follows:
322.0058 Pier means a fixed or floating platform or other structure , other than a boat house or deck, which:
1. Extends into or over a navigable body of water;
2. Is attached to pillars, piles, rocks or metal or is anchored to the bottom of the body of water; and
3. Affords convenient passage to and from vessels or provides a mooring for vessels.
Sec. 9. NRS 322.120 is hereby amended to read as follows:
322.120 Except as otherwise provided by specific statute, the state land registrar shall charge for the issuance of:
1. A permit for:
(a) The commercial use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of [$1,000] $125 per year.
(b) The multiple residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of [$400] $62.50 per year.
(c) The single residential use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of [$250] $50 per year.
(d) Any other use of a pier or other facility for loading passengers on vessels in a navigable body of water, a fee of [$500] $62.50 per year.
2. A permit for:
(a) The commercial use:
(1) Of a [boat-fueling facility,] boat hoist, boat house, boat ramp, boat slip, [floating dock or platform, mooring buoy or swim line,] deck or a similar device or structure in or on a navigable body of water, a fee of [$250] $50 per year [.] , except that no fee may be charged for a boat hoist, boat house or deck which is attached to a pier.
(2) [On a navigable body of water of:
(I) A motorized vessel held for short-term lease, a fee of $250 per year.
(II) A nonmotorized vessel held for short-term lease, a fee of $25 per year.] Of a mooring buoy or similar device for mooring vessels in or on a navigable body of water, a fee of $10 per month or $100 per year.
(b) Any other use:
(1) Of a [boat-fueling facility,] boat hoist, boat house, boat ramp, boat slip, [floating dock or platform, mooring buoy or swim line,] deck or a similar device or structure in or on a navigable body of water, a fee of [$150] $25 per year [.] , except that no fee may be charged for a boat hoist, boat house or deck which is attached to a pier.
(2) [On a navigable body of water of a motorized vessel held for short-term lease, a fee of $150 per year. Except as otherwise provided in paragraph (a) of this subsection, the state land registrar shall not charge a fee for the issuance of a permit for any use on a navigable body of water of a nonmotorized vessel held for short-term lease.]
κ1995 Statutes of Nevada, Page 2512 (CHAPTER 645, AB 548)κ
(a) of this subsection, the state land registrar shall not charge a fee for the issuance of a permit for any use on a navigable body of water of a nonmotorized vessel held for short-term lease.] Of a mooring buoy or similar device for mooring vessels in or on a navigable body of water, a fee of $5 per month or $30 per year.
(c) Any use of a boat-fueling facility in or on a navigable body of water, a fee of $250 per year.
Sec. 10. NRS 322.140 is hereby amended to read as follows:
322.140 The state land registrar may waive a fee for the issuance of any permit, license or other authorization for the use of state land:
1. To [clean, maintain or repair state property; or
2. For not more than 14 consecutive days,] protect or promote the public health or safety; or
2. For a short term, if the use:
(a) Is not conducted primarily for profit; and
(b) Is conducted in such a manner as to cause no essential change in or damage to the state land.
Sec. 11. NRS 322.170 is hereby amended to read as follows:
322.170 The state land registrar shall adopt such regulations as are necessary to carry out the provisions of NRS 322.100 to 322.160, inclusive [.] , and section 4 of this act.
Sec. 12. NRS 322.0048 and 322.0064 are hereby repealed.
Sec. 13. The amendatory provisions of section 4 of this act apply retroactively to July 1, 1993. Any money which was paid before July 1, 1995, for fees required by NRS 322.120 for which a credit should be granted must be applied by the state land registrar to any future liability of the holder of the permit who paid the fees, if any. This section does not authorize a refund to the holder of a permit who is eligible for a credit if he does not have any future liability.
Sec. 14. 1. This section, sections 1 to 8, inclusive, and 10 to 13, inclusive, of this act become effective on July 1, 1995.
2. Section 9 of this act becomes effective on July 1, 1996.
________
Assembly Bill No. 592Committee on Commerce
CHAPTER 646
AN ACT relating to money deposited by an employer to pay the medical expenses of an employee; providing for the administration of such accounts and their disposition upon the death of the employee or termination of the employment; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
κ1995 Statutes of Nevada, Page 2513 (CHAPTER 646, AB 592)κ
Sec. 2. If an employer elects to provide health care benefits through a medical savings account program for an employee, the account must be administered by:
1. A financial institution organized pursuant to the provisions of chapter 659, 669, 673 or 677 of NRS or of a law of the United States which confers similar powers;
2. A person authorized to transact insurance in this state pursuant to chapter 689A, 689B, 689C, 695B, 695C or 695F of NRS; or
3. The employer if he provides benefits for health care to his employees pursuant to NRS 608.1555.
Sec. 3. 1. Money in a medical savings account may be withdrawn only:
(a) By the administrator of the account to pay medical expenses of the employee or his dependent not otherwise paid by a third party, or to reimburse the employee for such expenses paid directly by him; or
(b) By the employee after the last business day of the year in which the money withdrawn was contributed.
2. Interest earned on the account must be credited to the account.
3. As used in this section, dependent means the employees spouse or his child who:
(a) Has not attained the age of 19 years, or the age of 23 years if enrolled full time at an accredited college or university;
(b) Is legally entitled to be supported by the employee; or
(c) Is mentally or physically handicapped to the extent of being unable to support himself.
Sec. 4. 1. Upon the death of the employee, the administrator of a medical savings account shall pay over the balance of the account, including any interest accrued, to the personal representative of the decedent or pursuant to the provisions of chapter 146 of NRS.
2. If an employee leaves the employ of the employer who has deposited money into a medical savings account for his benefit, the employee may within 60 days after so leaving request in writing that the administrator retain the account. If the administrator consents to retain the account, withdrawals may be made only as provided in section 3 of this act. If the employee does not request retention or the administrator does not consent, the administrator shall within 30 days after expiration of the 60 days or his receipt of the request, pay over the balance of the account, including any interest accrued, to the employee.
Sec. 5. The commissioner of insurance shall adopt such regulations as are necessary for the implementation of sections 2 to 5, inclusive, of this act.
Sec. 6. Sections 2 to 5, inclusive, of this act expire by limitation upon the effective date of any amendment to the Internal Revenue Code which provides for medical savings accounts, but if the amendment fails to:
1. Require qualifications for the administrator of an account, sections 2 and 5 of this act remain effective.
2. Provide for the disposition of the balance of an account upon the death of the employee, subsection 1 of section 4 and section 5 of this act remain effective.
________
κ1995 Statutes of Nevada, Page 2514κ
Assembly Bill No. 610Committee on Education
CHAPTER 647
AN ACT relating to education; requiring the department of education to conduct a study concerning the need for certain required courses of study; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The department of education shall conduct a study concerning the need and appropriateness of certain courses of study required pursuant to chapter 389 of NRS.
2. The department of education shall consult with a representative of:
(a) The Nevada State Education Association;
(b) The Nevada Association of School Boards;
(c) The Nevada Association of School Administrators;
(d) The Nevada Parent Teachers Association;
(e) Each county school district in this state; and
(f) The Nevada Vocational Association,
and any other person deemed appropriate by the department, concerning the courses of study required pursuant to chapter 389 of NRS and shall consider any advice or recommendations submitted by the representatives with respect to the study.
Sec. 2. The department of education shall, on or before January 15, 1997, submit to the director of the legislative counsel bureau for transmittal to the 69th session of the legislature a report of its findings and any recommendations for legislation.
Sec. 3. This act becomes effective on July 1, 1995.
________
Senate Bill No. 16Committee on Judiciary
CHAPTER 648
AN ACT relating to the judicial system; increasing the salaries prospectively of supreme court justices and district judges; lowering the years of service required for district judges to receive salary for longevity; revising certain provisions governing the compensation of supreme court justices for their service on the state board of pardons commissioners; making appropriations; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the first Monday in January [1991,] 1997, the justices of the supreme court whose terms expire on the first Monday in January [1991] 1997 are entitled to receive an annual salary of [$61,500.] $85,000. From and after the first Monday in January [1991,] 1997, their successors in office are entitled to receive a salary of [$85,000.]
κ1995 Statutes of Nevada, Page 2515 (CHAPTER 648, SB 16)κ
and after the first Monday in January [1991,] 1997, their successors in office are entitled to receive a salary of [$85,000.] $107,600.
2. Until the first Monday in January [1993,] 1999, the justices of the supreme court whose terms of office expire on the first Monday in January [1993] 1999 are entitled to receive an annual salary of [$73,500.] $85,000. From and after the first Monday in January [1993,] 1999, their successors in office are entitled to receive a salary of [$85,000.] $107,600.
3. Until the first Monday in January [1995,] 2001, the justice of the supreme court whose term of office expires on the first Monday in January [1995] 2001 is entitled to receive an annual salary of [$73,500.] $85,000. From and after the first Monday in January [1995,] 2001, his successor in office is entitled to receive a salary of [$85,000.] $107,600.
4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. [The] Until the first Monday in January 1997, the annual base salary of each district judge is $79,000. From and after the first Monday in January 1997, the annual base salary of each district judge is $100,000.
2. If a district judge has served in his office for at least 6 years, he is entitled to an additional salary of 1 percent of his base salary for each year of service. The additional salary must not exceed 22 percent of his base salary.
[2.] 3. The base salaries and the additional salary for longevity must be paid in biweekly installments out of the district judges salary account of the supreme court.
[3.] 4. No salary of any district judge may be paid in advance.
Sec. 3. NRS 3.030 is hereby amended to read as follows:
3.030 1. Until the first Monday in January 1997, the annual base salary of each district judge is $79,000. From and after the first Monday in January 1997, the annual base salary of each district judge is $100,000.
2. If a district judge has served in his office for at least [6] 5 years, he is entitled to an additional salary of 1 percent of his base salary for each year of service. The additional salary must not exceed 22 percent of his base salary.
3. The base salaries and the additional salary for longevity must be paid in biweekly installments out of the district judges salary account of the supreme court.
4. No salary of any district judge may be paid in advance.
Sec. 4. NRS 213.015 is hereby amended to read as follows:
213.015 1. [Any] A member of the board [whose annual salary as a justice of the supreme court is set by subsection 1 of NRS 2.050 shall receive no base salary as a member of the board.
2. Any member of the board whose annual salary as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board an annual base salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.
3. In addition to any base salary a member of the board may receive pursuant to subsection 1 or 2, if he] who has served as a district judge or as a justice of the supreme court, or any combination thereof, for at least 6 years, [he] is entitled to [additional] compensation as a member of the board in the amount of 1 percent of [the sum of] his annual salary as a justice of the supreme court [and his base salary, if any,] for each year of service as a district judge or as a justice of the supreme court, or any combination thereof.
κ1995 Statutes of Nevada, Page 2516 (CHAPTER 648, SB 16)κ
amount of 1 percent of [the sum of] his annual salary as a justice of the supreme court [and his base salary, if any,] for each year of service as a district judge or as a justice of the supreme court, or any combination thereof. The [additional] compensation received by a justice for his service on the board must not exceed 22 percent of [the sum of] his annual salary as a justice of the supreme court . [and his base salary.
4.] 2. The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the state general fund.
Sec. 5. 1. There is hereby appropriated from the state general fund to the Supreme Court of Nevada the sum of $29,883 for the support of the Supreme Court of Nevada.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. 1. There is hereby appropriated from the state general fund to the district judges salaries and judicial pensions account the sum of $654,189 for the support of the district judges salaries and pensions of justices, judges and widows.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 7. 1. This section and sections 1, 2 and 4 of this act become effective on October 1, 1995.
2. Sections 5 and 6 of this act become effective on July 1, 1996.
3. Section 3 of this act becomes effective on January 6, 1997.
________
Senate Bill No. 57Committee on Government Affairs
CHAPTER 649
AN ACT relating to state militia; prohibiting a member of the state militia or any of his dependents from receiving workers compensation if he is otherwise entitled to receive certain federal benefits; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 412.142 is hereby amended to read as follows:
412.142 1. Except as otherwise provided in subsection 2:
(a) In all cases in which any member of the militia of the state is wounded, injured, disabled or killed while in the line of duty in the service of the state, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the state, the member or his dependents are also entitled to receive such compensation. There must be paid to the state industrial insurance system quarterly, from the appropriation for the support of the office, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.
κ1995 Statutes of Nevada, Page 2517 (CHAPTER 649, SB 57)κ
for the support of the office, such a sum for a premium as may be fixed and agreed upon by the commander in chief and the manager of the system, based upon the number of members in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify the numbers to the manager.
[2.] (b) In all cases, the disabled or deceased member shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the members must be determined upon the basis of his average income from all sources during the year immediately preceding the date of his injury or death or the commencement of his disability, but the compensation must not exceed the maximum prescribed in chapter 616 of NRS.
2. The provisions of this section do not apply to a member of the militia of the state or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:
(a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and
(b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 84Committee on Government Affairs
CHAPTER 650
AN ACT relating to public officers; increasing the compensation and payment for longevity of various public officers; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as otherwise provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1995 Statutes of Nevada, Page 2518 (CHAPTER 650, SB 84)κ
|
[ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark..................... |
$45,000 |
$84,000 |
$70,000 |
$60,000 |
$60,000 |
$60,000 |
$60,000 |
$60,000 |
|
2 |
Washoe................. |
33,000 |
80,000 |
65,000 |
55,000 |
55,000 |
55,000 |
55,000 |
55,000 |
|
3 |
Carson City.......... |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
-------- |
42,800 |
------- |
|
|
Churchill............... |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Douglas................. |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
42,800 |
------- |
------- |
|
|
Elko....................... |
15,000 |
60,300 |
50,000 |
42,800 |
42,800 |
42,800 |
42,800 |
------- |
|
|
Humboldt............. |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
|
Lyon...................... |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Nye........................ |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
|
White Pine............ |
15,000 |
56,950 |
45,000 |
35,700 |
35,700 |
35,700 |
35,700 |
------- |
|
4 |
Eureka.................. |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
|
Lander.................. |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
32,000 |
------- |
|
|
Mineral................. |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
|
Pershing................ |
12,700 |
50,250 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
------- |
|
5 |
Esmeralda............ |
10,000 |
39,900 |
32,000 |
28,000 |
28,000 |
28,000 |
------- |
------- |
|
|
Lincoln.................. |
10,000 |
39,900 |
32,000 |
28,000 |
28,000 |
28,000 |
28,000 |
------- |
|
|
Storey.................... |
12,700 |
39,900 |
36,000 |
32,000 |
32,000 |
32,000 |
------- |
-------] |
|
|
|
|
|
|
|
|
|
|
|
κ1995 Statutes of Nevada, Page 2519 (CHAPTER 650, SB 84)κ
|
ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
Clark............ |
$54,000 |
$100,800 |
$84,000 |
$72,000 |
$72,000 |
$72,000 |
$72,000 |
$72,000 |
|
2 |
Washoe........ |
39,600 |
96,000 |
78,000 |
66,000 |
66,000 |
66,000 |
66,000 |
66,000 |
|
3 |
Carson City |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
-------- |
51,360 |
------- |
|
|
Churchill.... |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
51,360 |
------- |
------- |
|
|
Douglas....... |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
51,360 |
------- |
------- |
|
|
Elko.............. |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
51,360 |
51,360 |
------- |
|
|
Lyon............. |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
51,360 |
------- |
------- |
|
|
Nye............... |
18,000 |
72,360 |
60,000 |
51,360 |
51,360 |
51,360 |
51,360 |
------- |
|
4 |
Humboldt.... |
18,000 |
68,340 |
54,000 |
42,840 |
42,840 |
42,840 |
42,840 |
------- |
|
|
Lander......... |
18,000 |
68,340 |
54,000 |
42,840 |
42,840 |
42,840 |
42,840 |
------- |
|
|
White Pine.. |
18,000 |
68,340 |
54,000 |
42,840 |
42,840 |
42,840 |
42,840 |
------- |
|
5 |
Eureka......... |
15,240 |
60,300 |
43,200 |
38,400 |
38,400 |
38,400 |
------- |
------- |
|
|
Lincoln........ |
15,240 |
60,300 |
43,200 |
38,400 |
38,400 |
38,400 |
38,400 |
------- |
|
|
Mineral....... |
15,240 |
60,300 |
43,200 |
38,400 |
38,400 |
38,400 |
------- |
------- |
|
|
Pershing...... |
15,240 |
60,300 |
43,200 |
38,400 |
38,400 |
38,400 |
------- |
------- |
|
6 |
Esmeralda... |
12,000 |
47,880 |
38,400 |
33,600 |
33,600 |
33,600 |
------- |
------- |
|
|
Storey.......... |
15,240 |
47,880 |
43,200 |
38,400 |
38,400 |
38,400 |
------- |
------- |
|
|
|
|
|
|
|
|
|
|
|
κ1995 Statutes of Nevada, Page 2520 (CHAPTER 650, SB 84)κ
Sec. 2. NRS 245.0435 is hereby amended to read as follows:
245.0435 1. Except as otherwise provided in NRS 252.060, the district attorneys in counties of classes 1 to [4,] 5, inclusive, as classified in the table of annual salaries, shall not engage in the private practice of law.
2. A district attorney who is permitted to engage in the private practice of law shall disqualify himself from any criminal prosecution of a person who has been involved in a matter related to his private practice of law.
3. As used in this section, private practice of law by a district attorney means the performance of legal service, for compensation, for any person or organization except his county and any other governmental agency which he has a statutory duty to serve.
Sec. 3. NRS 245.044 is hereby amended to read as follows:
245.044 1. On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of [1] 2 percent of his base salary provided in NRS 245.043 for each full calendar year he has served in his office.
2. The additional salary provided in this section [must not] for an eligible county officer:
(a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary provided in NRS 245.043 by the number of full calendar years the elected county officer has served in his office; and
(b) Must not exceed 20 percent of the base salary provided in NRS 245.043.
[2. Payment for longevity under the provisions of this section must be computed on the basis of full calendar years of service and only at the beginning of a term of office.]
3. Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the [1st] first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.
Sec. 4. NRS 252.060 is hereby amended to read as follows:
252.060 1. If the district attorney dies, resigns, is removed, disappears or is permanently disabled from performing the duties of his office, the board of county commissioners shall appoint an interim or permanent replacement for the district attorney.
2. If the district attorney is temporarily disabled from performing the duties of his office:
(a) The chief deputy district attorney shall perform the duties of the district attorney while he is disabled. The chief deputy is entitled to the chief deputys regular salary while engaged in the performance of those duties.
(b) If there is no chief deputy, the board of county commissioners shall appoint an interim replacement for the district attorney.
3. A person appointed as an interim or permanent replacement for the district attorney pursuant to this section must be appointed at the first regularly scheduled meeting of the board of county commissioners following the event giving rise to the appointment. Any such event occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency within the meaning of that section.
κ1995 Statutes of Nevada, Page 2521 (CHAPTER 650, SB 84)κ
4. A person appointed as an interim replacement for the district attorney pursuant to this section:
(a) Is entitled to receive the same salary as the district attorney.
(b) Shall:
(1) If he is appointed pursuant to subsection 1, serve for not more than 60 days or until a permanent replacement is appointed, whichever occurs first.
(2) If he is appointed pursuant to subsection 2, serve for the duration of the disability of the district attorney or, if the district attorney resigns or is removed from office, for not more than 60 days after the resignation or removal or until a permanent replacement is appointed, whichever occurs first.
(c) May engage in the private practice of law for not more than 60 days after his appointment, to the extent permitted by NRS 245.0435. The limitation of time provided by this paragraph does not apply in any county of class [5,] 6, as classified in the table of annual salaries contained in NRS 245.043.
5. A person appointed as a permanent replacement for the district attorney pursuant to this section serves the remainder of the unexpired term.
Sec. 5. This act becomes effective on July 1, 1995.
________
Senate Bill No. 87Committee on Human Resources and Facilities
CHAPTER 651
AN ACT relating to education; revising the manner in which the minimum number of school days may be scheduled; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.
2. The superintendent of public instruction may , upon application by [the] a board of trustees , authorize a reduction of not more than [10] 15 school days in a particular district to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees demonstrates that the proposed schedule for the program provides for [an equivalent or] a greater number of [hours] minutes of instruction [.] than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling.
κ1995 Statutes of Nevada, Page 2522 (CHAPTER 651, SB 87)κ
3. The superintendent of public instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.
4. Each school district shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.
[4.] 5. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
[5.] 6. The state board of education shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.
Sec. 2. This act becomes effective on July 1, 1995.
________
Senate Bill No. 96Committee on Natural Resources
CHAPTER 652
AN ACT relating to water; making various changes relating to permits to appropriate water for the purpose of watering livestock on public lands and certificates of appropriation based upon such permits; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state engineer shall not issue:
(a) A permit to appropriate water for the purpose of watering livestock on public lands unless the applicant for the permit is legally entitled to place the livestock on the public lands for which the permit is sought.
(b) A certificate of appropriation based upon a permit to appropriate water for the purpose of watering livestock on public lands unless the person who makes satisfactory proof that the water has been beneficially used is legally entitled to place on the land the livestock which have been watered pursuant to the permit.
2. This section must not be construed to impair the vested right of any person to the use of water for the purpose of watering livestock or to prevent any transfer of ownership of a water right for the purpose of watering livestock.
κ1995 Statutes of Nevada, Page 2523 (CHAPTER 652, SB 96)κ
any transfer of ownership of a water right for the purpose of watering livestock.
Sec. 2. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in NRS 533.345, 533.371 , [and] 533.372 , section 1 of this act and this section, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the districts efficiency in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the state engineer of:
(1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
(2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing protest. However:
(a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and
(b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.
3. Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the requested permit. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.
4. If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 6, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.
5. The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.
κ1995 Statutes of Nevada, Page 2524 (CHAPTER 652, SB 96)κ
6. The provisions of subsection 4 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.
Sec. 3. NRS 533.425 is hereby amended to read as follows:
533.425 [As] Except as otherwise provided in section 1 of this act, as soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:
1. The name and post office address of the appropriator, his assign, or assigns.
2. The date, source, purpose and amount of appropriation.
3. If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
4. The number of the permit under which the certificate is issued.
Sec. 4. Sections 1 and 3 of Assembly Bill No. 435 of this session are hereby amended to read as follows:
Section 1. NRS 533.425 is hereby amended to read as follows:
533.425 1. Except as otherwise provided in section 1 of [this act,] Senate Bill No. 96 of this session, as soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder of the permit, his assign or assigns, a certificate setting forth:
[1.] (a) The name and post office address of the appropriator, his assign, or assigns.
[2.] (b) The date, source, purpose and amount of appropriation.
[3.] (c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
[4.] (d) The number of the permit under which the certificate is issued.
2. If the water is appropriated from an underground source, the state engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.
Sec. 3. Section 8 of Senate Bill No. 93 of this session is hereby amended to read as follows:
Sec. 8. NRS 533.425 is hereby amended to read as follows:
533.425 1. Except as otherwise provided in section 1 of Senate Bill No. 96 of this session, as soon as practicable after satisfactory proof has been made to the state engineer that any application to appropriate water or any application for permission to change the place of diversion, manner or place of use of water already appropriated has been perfected in accordance with the provisions of this chapter, the state engineer shall issue to the holder or holders of the permit [, his assign or assigns,] a certificate setting forth:
κ1995 Statutes of Nevada, Page 2525 (CHAPTER 652, SB 96)κ
in accordance with the provisions of this chapter, the state engineer shall issue to the holder or holders of the permit [, his assign or assigns,] a certificate setting forth:
(a) The name and post office address of [the appropriator, his assign, or assigns.] each holder of the permit.
(b) The date, source, purpose and amount of appropriation.
(c) If for irrigation, a description of the irrigated lands by legal subdivisions, when possible, to which the water is appurtenant.
(d) The number of the permit under which the certificate is issued.
2. If the water is appropriated from an underground source, the state engineer shall issue with the certificate a notice of the provisions governing the forfeiture and abandonment of such water rights. The notice must set forth the provisions of NRS 534.090.
Sec. 5. This act becomes effective on June 30, 1995.
________
Senate Bill No. 161Senator Lowden
CHAPTER 653
AN ACT relating to veterans; consolidating the separate areas of authority of the Nevada commissioner for veteran affairs and the Nevada deputy commissioner for veteran affairs; requiring the deputy commissioner to assist the commissioner in the performance of his duties; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.070 is hereby amended to read as follows:
417.070 1. The office of the commissioner must be located in the same city where the state [branch] regional office of the Department of Veterans Affairs maintains its state administrative bureau, and if [such] that office is discontinued in the State of Nevada, then at such place as the governor may designate.
2. The office of the deputy commissioner must be maintained at Las Vegas, Nevada.
3. The deputy commissioner shall [serve in his district, which consists of Clark, Lincoln, Nye and Esmeralda Counties. The commissioner shall serve the other counties of the state.] assist the commissioner in performing the duties prescribed in this chapter.
Sec. 2. NRS 417.080 is hereby amended to read as follows:
417.080 1. The commissioner [and the deputy commissioner shall each be allowed:
(a) To] :
(a) May employ such clerical and stenographic assistance as [shall be] necessary.
(b) [To] May purchase necessary office equipment and supplies.
κ1995 Statutes of Nevada, Page 2526 (CHAPTER 653, SB 161)κ
(c) [Necessary] Is entitled to receive necessary travel and miscellaneous administrative expenses in the administration of this chapter.
2. All clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers and miscellaneous administrative expenses and salaries [shall] must be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid, [provided:] but:
(a) [That all expenses shall] All expenses must be within the limits of the appropriation made for the purposes of this chapter; and
(b) [That the] The salaries and compensation of clerks and stenographers [shall] must be at the same rate as that provided by law for clerks and stenographers in other state departments.
Sec. 3. NRS 417.100 is hereby amended to read as follows:
417.100 The commissioner and the deputy commissioner [each:
1. Shall have] may:
1. Use a seal of office.
2. [Is authorized to administer] Administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance or other aid or benefits.
3. [Is authorized to certify] Certify to the correctness of any document or documents which may be submitted in connection with any such application.
Sec. 4. NRS 417.200 is hereby amended to read as follows:
417.200 1. The commissioner [and the deputy commissioner shall each] shall establish, operate and maintain a veterans cemetery in northern Nevada and a veterans cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.
2. Any person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the commissioner [for the cemetery in northern Nevada or to the deputy commissioner for the cemetery in southern Nevada,] which describes the nature of the services. The commissioner [or the deputy commissioner] shall consider all such offers and approve those he deems appropriate. The commissioner [or deputy commissioner] shall coordinate the provision of all services so approved.
Sec. 5. NRS 417.210 is hereby amended to read as follows:
417.210 1. Any veteran who was eligible for interment in a national cemetery under the provisions of 38 U.S.C. § 1002(1), (2), (3) and (4), as that section existed on January 1, 1987, is eligible for interment in a veterans cemetery in this state.
2. Any eligible veteran, or a member of his immediate family, may apply for a plot in a cemetery by submitting a request to the commissioner or deputy commissioner on a form to be supplied by the commissioner or deputy commissioner. The commissioner [and] or the deputy commissioner shall assign available plots in the order in which applications are received. No charge may be made for any plot or for the interment of any veteran.
κ1995 Statutes of Nevada, Page 2527 (CHAPTER 653, SB 161)κ
3. One member of the immediate family of an eligible veteran may also be interred in the cemetery if the interment is in the same plot. The commissioner or the deputy commissioner shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.
4. As used in this section, immediate family means the spouse, minor child or unmarried adult child of an eligible veteran.
Sec. 6. NRS 417.230 is hereby amended to read as follows:
417.230 1. There are hereby created the advisory committee for a veterans cemetery in northern Nevada and the advisory committee for a veterans cemetery in southern Nevada, each consisting of seven members as follows:
(a) One member of the senate, appointed by the majority leader of the senate.
(b) One member of the assembly, appointed by the speaker of the assembly.
(c) Five members of veterans organizations in this state, appointed by the governor.
2. The members of the committees shall serve terms of 2 years and each committee shall annually elect a chairman and a vice chairman from among its members. The committees shall meet at least 4 times a year [.] , meeting jointly at least twice at alternate locations. Any legislative member of a committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next session of the legislature. [The members of the committees are not] While engaged in the work of the committee, each member of each committee is entitled to [compensation or the payment of] receive the per diem allowances and travel expenses [while engaged in the work of the committee.] provided for state officers and employees generally.
3. The commissioner [and deputy commissioner shall each] shall consult with the committee regarding the establishment, maintenance and operation of the veterans cemetery for which the committee was created.
Sec. 7. Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
κ1995 Statutes of Nevada, Page 2528κ
Senate Bill No. 193Committee on Commerce and Labor
CHAPTER 654
AN ACT relating to dietitians; prohibiting a person from using a designation or abbreviation indicating that he is a licensed or registered dietitian without being registered by the Commission on Dietetic Registration; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not use in connection with his name the words or letters Dietitian, Licensed Dietitian, Registered Dietitian, L.D., R.D. or any other title, word, letter or other designation intended to designate that he is a licensed or registered dietitian without being registered with the Commission on Dietetic Registration, a member of the National Commission of Health Certifying Agencies, or its successor organization.
2. Any person who violates the provisions of this section is guilty of a misdemeanor.
________
Senate Bill No. 249Senator OConnell
CHAPTER 655
AN ACT relating to fiscal notes; requiring the fiscal note on legislation containing an appropriation to indicate whether the appropriation is included in the executive budget; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.2754 is hereby amended to read as follows:
218.2754 1. The summary of each bill or joint resolution introduced in the legislature must include the statement:
(a) Fiscal Note: Effect on Local Government: Yes,
Fiscal Note: Effect on Local Government: No, [or]
Fiscal Note: Effect on Local Government: Contains Appropriation [,] included in Executive Budget, or
Fiscal Note: Effect on Local Government: Contains Appropriation not included in Executive Budget,
whichever is appropriate; and
(b) Effect on the State or on Industrial Insurance: Yes,
Effect on the State or on Industrial Insurance: No, Effect on the State or on Industrial Insurance: Contains Appropriation [,] included in Executive Budget,
κ1995 Statutes of Nevada, Page 2529 (CHAPTER 655, SB 249)κ
Effect on the State or on Industrial Insurance: Contains Appropriation [,] included in Executive Budget,
Effect on the State or on Industrial Insurance: Executive Budget, or [Effect on the State or on Industrial Insurance: Effect less than $2,000,]
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget,
whichever is appropriate.
2. The legislative counsel shall consult the fiscal analysis division to secure the appropriate information for summaries of bills and joint resolutions.
________
Senate Bill No. 278Committee on Finance
CHAPTER 656
AN ACT relating to prisons; making an appropriation to the state public works board for the design of Phase II of the Lovelock Correctional Center; providing for the issuance of bonds and the temporary advance of money to expedite Phase I of the Mens Prison No. 7; requiring, under certain circumstances, the department of prisons to enter into a contract for the construction and operation of a new correctional facility for women; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds and declares that:
1. The facilities and institutions of the department of prisons are overcrowded;
2. A need exists to construct new facilities in the most expeditious manner possible; and
3. It is in the interest of promoting the general welfare of the people of the state to accelerate the contracting for housing female inmates in a facility in southern Nevada.
Sec. 2. 1. There is hereby appropriated from the state general fund to the state public works board the sum of $790,000 to expedite project 95-C1, for the design of additional housing units and related facilities at the Lovelock Correctional Center.
2. For any expenditure made from the sum appropriated pursuant to subsection 1, the state public works board shall submit an itemized statement of expenditures to the interim finance committee for its review and comment.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after the completion of the project and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. 1. The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $6,982,015 to be allocated to the project numbered and described in the executive budget for fiscal years 1995-96 and 1996-97 or otherwise described as Project No.
κ1995 Statutes of Nevada, Page 2530 (CHAPTER 656, SB 278)κ
to be allocated to the project numbered and described in the executive budget for fiscal years 1995-96 and 1996-97 or otherwise described as Project No. 95-G1, Mens Prison No. 7, Phase I, design core facilities and 1,000 bed housing unit and site planning and design, at the same time or times as other bonds are issued for the other capital projects approved by the 68th session of the Nevada legislature.
2. The state controller may advance temporarily from the state general fund to the state public works board, until the date on which the bonds authorized by subsection 1 are sold, amounts necessary to facilitate the start of Project No. 95-G1. The state controller shall not advance more than the face amount of the bonds authorized to be issued pursuant to subsection 1. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.
Sec. 4. 1. The director of the department of prisons shall, to the extent of legislative appropriations and authorizations, enter into a contract in accordance with the provisions of chapter 573, Statutes of Nevada 1991, at page 1893, for the construction and operation of a new correctional facility for women in southern Nevada. The contract may include an assignable lease or installment purchase agreement for the facility which constitutes a debt of the State of Nevada in an amount determined by the state board of examiners not exceeding $44,000,000. Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. Interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.
2. Except for debt incurred as provided in subsection 1, all payments of money required by the contract authorized by subsection 1 must be subject to biennial appropriation by the legislature and must not be due and payable unless an appropriation is made.
Sec. 5. Section 1 of chapter 573, Statutes of Nevada 1991, at page 1893, is hereby amended to read as follows:
Section 1. As used in this act, unless the context otherwise requires:
1. Contractor means a person with a contractual agreement with the department [to provide correctional services to prisoners at the facility.] for financing, acquiring, constructing and operating the facility.
2. Correctional services includes the following functions, services and activities when provided with regard to the facility:
(a) The operation of the facility, including management, custody of prisoners and security.
(b) Services for food, medical attention, transportation and sanitation, a commissary and other ancillary services.
(c) Development and implementation of systems for classification, management and information and other similar services.
(d) Education, training and programs for employment.
(e) Counseling, treatment programs and other programs for the special needs of the prisoners.
κ1995 Statutes of Nevada, Page 2531 (CHAPTER 656, SB 278)κ
3. Department means the department of prisons.
4. Director means the director of the department of prisons.
5. Facility means [the womens minimum security] a womens correctional facility proposed for construction in [Las Vegas,] southern Nevada, including any physical improvement, any preliminary plan, study or survey related thereto, the land or the right to land, and any furnishings, machines, vehicles, apparatus or equipment used in connection therewith.
Sec. 6. Section 2 of chapter 573, Statutes of Nevada 1991, at page 1893, is hereby amended to read as follows:
Sec. 2. 1. The department may enter into [contracts] a single contract for financing, acquiring, constructing [or] and operating the facility.
2. The department may request that proposals for correctional services be submitted and must specify the requirements for the proposal.
3. Proposals submitted to the department must:
(a) Meet the requirements specified in the request; and
(b) Set a fixed price for the services offered.
4. The contract for financing, acquiring, constructing and operating the facility is exempt from the provisions relating to bids in NRS 341.145 to 341.151, inclusive.
Sec. 7. Section 3 of chapter 573, Statutes of Nevada 1991, at page 1893, is hereby amended to read as follows:
Sec. 3. The department may not enter into a contract [for] that includes provisions for correctional services unless the contractor provides:
1. Evidence of his qualifications, experience and ability to comply with applicable court orders and correctional standards.
2. A plan of indemnification for liability, including indemnity for civil rights claims. The plan must protect the state from all claims and losses incurred as a result of the contract. The provisions of this subsection do not deprive [a] the contractor or the state of the benefits of any law that limits its exposure to liability or damages.
3. Evidence of past performance of similar contracts, including audited financial statements for the past 5 years or for each of the years the contractor has been in operation, if less than 5 years, and other financial information as requested.
4. Management personnel necessary to carry out the terms of the contract.
Sec. 8. Section 4 of chapter 573, Statutes of Nevada 1991, at page 1894, is hereby amended to read as follows:
Sec. 4. [A] The contract entered into pursuant to the provisions of this act [, including contracts for the provision of correctional services, the lease or use of public lands or a public building for use in the operation of the facility:] and Senate Bill No. 278 of the 1995 legislative session:
1. May be entered into for 20 years or less . [, subject to the requirement of a biennial appropriation of money by the state.]
2. Must provide:
κ1995 Statutes of Nevada, Page 2532 (CHAPTER 656, SB 278)κ
(a) Internal and perimeter security to protect the public, employees and prisoners [.] that is approved by the department.
(b) Work or training opportunities for prisoners while they are incarcerated. The contractor must not benefit financially from the labor of the prisoners.
(c) Discipline for prisoners in accordance with applicable standards and procedures [.] that comply with the standards and procedures of the department.
(d) Food, clothing, housing , access to legal resources and medical care for prisoners.
Sec. 9. Section 5 of chapter 573, Statutes of Nevada 1991, at page 1894, is hereby amended to read as follows:
Sec. 5. 1. Employees of [a contractor that] the contractor who provide security may only use force and exercise their power and authority while:
(a) On the grounds of the facility under the supervision of the contractor.
(b) Transporting prisoners.
(c) Pursuing escapees from the facility.
2. The provisions of chapter 212 of NRS apply to the:
(a) Guards or correctional officers employed by [a] the contractor; and
(b) Prisoners assigned to the facility, or to a program for which [a] the contractor is providing correctional services,
to the same extent that those provisions would apply if the services provided by the contractor were being provided by the department.
Sec. 10. Section 6 of chapter 573, Statutes of Nevada 1991, at page 1894, is hereby amended to read as follows:
Sec. 6. [A contract for correctional services] The contract entered into pursuant to the provisions of this act and Senate Bill No. 278 of the 1995 legislative session must not authorize, allow or imply a delegation of authority or responsibility of the director to [a] the contractor for:
1. Developing and implementing procedures for calculating dates for release of prisoners or eligibility for parole.
2. Developing and implementing procedures for calculating and awarding credits against the term of imprisonment.
3. Approving prisoners for furlough and work release.
4. Approving the work prisoners may perform and the wages or credits that may be given the prisoners who are engaged in such work.
5. Granting, denying or revoking credits against the term of imprisonment.
Sec. 11. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
κ1995 Statutes of Nevada, Page 2533κ
Senate Bill No. 335Committee on Judiciary
CHAPTER 657
AN ACT relating to firearms; prohibiting a person from having actual physical possession of a firearm while under the influence of an intoxicating liquor or controlled substance; providing for the forfeiture of a firearm under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for a person who:
(a) Has 0.10 percent or more by weight of alcohol in his blood; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,
to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.
2. Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
Sec. 2. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.255 to 202.360, inclusive [:] , and section 1 of this act:
1. Firearm means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
2. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.
κ1995 Statutes of Nevada, Page 2534 (CHAPTER 657, SB 335)κ
3. Motor vehicle means every vehicle that is self-propelled.
Sec. 3. NRS 179.1164 is hereby amended to read as follows:
179.1164 1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture:
(a) Any proceeds attributable to the commission or attempted commission of any felony.
(b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 453.301 or 501.3857 [.] or section 1 of this act.
2. Property may not, to the extent of the interest of any claimant, be declared forfeited by reason of an act or omission shown to have been committed or omitted without the knowledge, consent or willful blindness of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender the premises pursuant to NRS 40.254 within 90 days after the owner receives notice of a conviction pursuant to subsection 2 of NRS 453.305; or
(b) Shows the court that he had good cause not to evict the tenant summarily pursuant to NRS 40.254,
the owner of real property or a mobile home used or intended for use by a tenant to facilitate any violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, is disputably presumed to have known of and consented to that use if the notices required by NRS 453.305 have been given in connection with another such violation relating to the property or mobile home. The holder of a lien or encumbrance on the property or mobile home is disputably presumed to have acquired his interest in the property for fair value and without knowledge or consent to such use, regardless of when the act giving rise to the forfeiture occurred.
Sec. 4. The amendatory provisions of section 1 of this act do not apply to offenses which are committed before October 1, 1995.
________
Senate Bill No. 336Committee on Taxation
CHAPTER 658
AN ACT relating to metropolitan police departments; requiring that a proposal for the imposition of an ad valorem tax for additional officers be submitted to the voters of areas where a metropolitan police department has been created; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this act, unless the context otherwise requires:
1. The words and terms defined in NRS 280.030 to 280.095, inclusive, and 354.478 to 354.580, inclusive, have the meanings ascribed to them in those sections.
κ1995 Statutes of Nevada, Page 2535 (CHAPTER 658, SB 336)κ
2. Taxable area means the geographical area, composed of two or more taxing districts, which may be taxed for the purpose of defraying the cost of hiring additional police officers.
3. Taxing district means the portion of a taxable area that consists of:
(a) The geographical area comprising the unincorporated area of a county whose population is 400,000 or more which has created a department; or
(b) The area within the boundaries of each incorporated city in such a county which is participating in the department.
Sec. 2. The committee shall authorize the hiring of additional police officers and the incurrence of related costs from the revenue generated by the tax imposed pursuant to this act. The revenue must not be used for any other purpose.
Sec. 3. 1. The board of county commissioners, city council or other governing body of each taxing district in the taxable area shall propose to the registered voters of its taxing district at the next county general election the question of whether an additional ad valorem tax shall be levied on all taxable property within the district for the support of the department for the purpose of employing additional police officers. The rate of the additional tax must be apportioned among the taxing districts as provided in NRS 280.201.
2. The board of county commissioners, city council or other governing body of each taxing district proposing the question at the next county general election of whether an additional ad valorem tax shall be levied pursuant to this act shall place upon the ballot information regarding:
(a) The method to be used for the apportionment of the costs of employing the additional police officers; and
(b) The initial ad valorem tax rate and the method for determining the ad valorem tax rate for each fiscal year.
The ballot must also include a declaration that the additional ad valorem tax rate may change in the future based on changes in the formula for the distribution of the tax and changes in the assessed valuation of taxable property in each taxing district.
3. The rate of the tax levied pursuant to this act must not exceed 20 cents per $100 of assessed valuation.
4. If the voters of any taxing district in the taxable area of a department disapprove the additional tax proposed pursuant to subsection 1, the additional tax must not be imposed in any of the taxing districts in the taxable area of that department.
5. If the proposed additional tax is approved by the voters in all of the taxing districts of the taxable area of a department, the tax must be imposed by the taxing entities in each district of the taxable area of the department at the combined rate approved by the voters in the district.
Sec. 4. All county officers charged with the duty of collecting ad valorem taxes shall collect the tax imposed pursuant to this act in the same form and manner, and with the same interest and penalties, as other ad valorem taxes are collected, and shall pay all revenue generated by the tax, including all interest and penalties, to the department upon collection.
Sec. 5. The tax imposed pursuant to this act is not subject to the limitation provided in NRS 354.59811 and does not affect the amounts distributable to the participating political subdivisions from the supplemental city-county relief tax or the privilege tax on vehicles.
κ1995 Statutes of Nevada, Page 2536 (CHAPTER 658, SB 336)κ
the participating political subdivisions from the supplemental city-county relief tax or the privilege tax on vehicles.
Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 388Committee on Government Affairs
CHAPTER 659
AN ACT relating to county government; authorizing the adoption of an ordinance to provide an expedient means to secure a dangerous condition on private property under certain circumstances; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding the abatement procedures set forth in NRS 244.360, a board of county commissioners may, by ordinance, provide for a reasonable means to secure a dangerous structure or condition that is determined to be an imminent danger to the surrounding neighborhood by at least three persons appointed by the board who enforce building codes, zoning ordinances or local health regulations, or are members of a local law enforcement agency or fire department. The owner of the property on which the structure or condition is located must be given notice at least 72 hours before the structure or condition is so secured.
2. The costs of securing the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.
3. As used in this section, imminent danger means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the safety or health of the general public.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1995 Statutes of Nevada, Page 2537κ
Senate Bill No. 390Committee on Judiciary
(Requested by Committee for Binding Arbitration)
CHAPTER 660
AN ACT relating to the arbitration of civil cases; expanding the class of cases subject to mandatory, nonbinding arbitration; eliminating the right to trial after arbitration under the Uniform Arbitration Act; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 38.250 is hereby amended to read as follows:
38.250 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] $40,000 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. 2. NRS 38.255 is hereby amended to read as follows:
38.255 1. The rules adopted by the supreme court pursuant to NRS 38.253 to provide guidelines for the establishment by a district court of a program must include provisions for a:
(a) Mandatory program for the arbitration of civil actions pursuant to NRS 38.250.
(b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds [$25,000.] $40,000.
(c) Voluntary program for the use of binding arbitration in all civil actions.
2. The rules must provide that the district court of any judicial district whose population is 100,000 or more:
(a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.
(b) May set fees and charge parties for arbitration if the amount in issue exceeds [$25,000.] $40,000.
The rules may provide for similar programs for the other judicial districts.
3. The rules must exclude the following from any program of mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than [$25,000.] $40,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions;
(f) Appeals from courts of limited jurisdiction;
(g) Actions for declaratory relief;
(h) Actions involving divorce or problems of domestic relations;
(i) Actions brought for relief based on any extraordinary writs;
κ1995 Statutes of Nevada, Page 2538 (CHAPTER 660, SB 390)κ
(j) Actions for the judicial review of an administrative decision; and
(k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action, have submitted the controversy to arbitration or any other alternative method for resolving a dispute.
4. The rules must include:
(a) Guidelines for the award of attorneys fees and maximum limitations on the costs to the parties of the arbitration;
(b) Disincentives to appeal; and
(c) Provisions for trial upon the exercise by either party of his right to a trial anew after the arbitration.
5. The supreme court shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for transmittal to the chairmen of the assembly and senate standing committees on the judiciary. The report must include, for the period since the previous such report, if any:
(a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to NRS 38.250 or 38.258 and their manner of disposition;
(b) A statement of the amount of money collected in each judicial district pursuant to NRS 19.0315 and a summary of the manner in which the fees were expended; and
(c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the supreme court.
Sec. 3. Sections 9 and 11 of Assembly Bill No. 152 of this session are hereby amended to read as follows:
Sec. 9. NRS 38.250 is hereby amended to read as follows:
38.250 Except as otherwise provided in section 3 of this act:
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 $40,000 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. 11. 1. This section, sections 1 to 8, inclusive, and 10 of this act become effective on January 1, 1996.
2. Section 9 of this act becomes effective at 12:01 a.m. on January 1, 1996.
Sec. 4. NRS 38.109 is hereby repealed.
Sec. 5. The amendatory provisions of sections 1 and 2 of this act do not apply to any civil actions filed in a district court before January 1, 1996.
Sec. 6. On the effective date of this section, the provisions of section 3 of this act eliminate any previously existing right to trial pursuant to NRS 38.109 for all actions:
1. Commenced pursuant to the Uniform Arbitration Act for which an award pursuant to NRS 38.105 has not been made; or
2. In which an award has been made pursuant to NRS 38.105 and a party to the action has not made a request for a trial,
before the effective date of this section.
κ1995 Statutes of Nevada, Page 2539 (CHAPTER 660, SB 390)κ
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.
Sec. 8. 1. This section and sections 3 to 6, inclusive, of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any rules necessary to carry out the amendatory provisions of those sections; and
(b) On January 1, 1996, for all other purposes.
________
Senate Bill No. 395Committee on Judiciary
CHAPTER 661
AN ACT relating to civil remedies; providing limits and procedures for recovery on account of defects in residential construction; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.
Sec. 2. As used in sections 2 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Appurtenance means a structure, installation, facility or amenity that is appurtenant to a residence, but is not a part of the dwelling unit. The term includes, without limitation, recreational facilities, golf courses, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with a residence.
Sec. 4. Claimant means an owner of a residence or appurtenance or a representative of a homeowners association that is responsible for a residence or appurtenance.
Sec. 5. Constructional defect includes a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance. The term includes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed that is proximately caused by a constructional defect.
Sec. 6. Contractor means a person who, with or without a license issued pursuant to chapter 624 of NRS, by himself or through his agents, employees or subcontractors:
1. Constructs, alters, repairs, improves or landscapes a residence, appurtenance or any part thereof; or
κ1995 Statutes of Nevada, Page 2540 (CHAPTER 661, SB 395)κ
2. Sells a residence or appurtenance, any part of which the person, by himself or through his agents, employees or subcontractors, has constructed, altered, repaired, improved or landscaped.
The term includes a risk retention group which operates in compliance with chapter 695E of NRS and insures all or any part of a contractors liability for the cost to repair a residential constructional defect.
Sec. 7. Homeowners warranty means a warranty or contract of insurance for the protection of a homeowner which is issued by an insurer authorized to issue such a warranty or contract in this state or issued by or on behalf of a contractor.
Sec. 8. Residence means a dwelling designed for not more than four families or a unit in such a dwelling in which title to the individual units is transferred to the owners pursuant to chapter 116 or 117 of NRS.
Sec. 9. Sections 2 to 20, inclusive, of this act:
1. Apply to a claim or cause of action which arises after July 1, 1995, to recover damages resulting, directly or indirectly, from a constructional defect, except a claim for personal injury or wrongful death, and prevail over any conflicting law otherwise applicable to the claim or cause of action.
2. Do not bar or limit any defense otherwise available except as otherwise provided in those sections.
Sec. 10. In a claim or cause of action to recover damages resulting from a constructional defect, a contractor is liable for his acts or omissions or the acts or omissions of his agents, employees or subcontractors and is not liable for any damages caused by:
1. The acts or omissions of a person other than the contractor or his agent, employee or subcontractor;
2. The failure of a person other than the contractor or his agent, employee or subcontractor to take reasonable action to reduce the damages or maintain the residence;
3. Normal wear, tear or deterioration;
4. Normal shrinkage, swelling, expansion or settlement; or
5. Any constructional defect disclosed to an owner before his purchase of the residence, if the disclosure was provided in a language that is understandable and was written in underlined and boldfaced type with capital letters.
Sec. 11. Except as otherwise provided in this section and section 16 of this act:
1. At least 60 days before a claimant brings a cause of action against a contractor for damages arising from a constructional defect, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractors last known address, specifying in reasonable detail the defects or any damages or injuries that are the subject of the complaint. During the 35-day period after the contractor receives the notice, on his written request, the contractor is entitled to inspect the property that is the subject of the complaint to determine the nature and cause of the defect, damage or injury and the nature and extent of repairs necessary to remedy the defect. The contractor may take reasonable steps to establish the existence of the defect. If the residence is covered by a warranty or contract of insurance issued by an insurer authorized by this state to issue such a warranty or contract, a claimant must diligently pursue a claim under the warranty or contract.
κ1995 Statutes of Nevada, Page 2541 (CHAPTER 661, SB 395)κ
contract, a claimant must diligently pursue a claim under the warranty or contract.
2. Within 45 days after the contractor receives the notice, the contractor may make a written offer of settlement to the claimant. The offer:
(a) Must be served to the claimant by certified mail, return receipt requested, at the claimants last known address.
(b) Must respond to each constructional defect set forth in the claimants notice, and describe in reasonable detail the cause of the defect, if known, the nature and extent of the damage or injury resulting from the defect, and, unless the offer is limited to a proposal for monetary compensation, the method, adequacy and estimated cost of the proposed repair.
(c) May include:
(1) A proposal for monetary compensation.
(2) If the contractor is licensed to make the repairs, an agreement by the contractor to make the repairs.
(3) An agreement by the contractor to cause the repairs to be made, at the contractors expense, by another contractor who is licensed to make the repairs, bonded and insured.
The repairs must be made within 45 days after the contractor receives written notice of acceptance of the offer, unless completion is delayed by the claimant or by other events beyond the control of the contractor. The claimant and the contractor may agree in writing to extend the periods prescribed by this section.
Sec. 12. 1. If a claimant unreasonably rejects a reasonable written offer of settlement made pursuant to section 11 of this act or does not permit the contractor or independent contractor a reasonable opportunity to repair the defect pursuant to an accepted offer of settlement and thereafter files a cause of action governed by sections 2 to 20, inclusive, of this act, the court in which the cause of action is filed may:
(a) Deny the claimants attorneys fees and costs; and
(b) Award attorneys fees and costs to the contractor.
Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.
2. If a contractor fails to make a reasonable offer of settlement pursuant to section 11 of this act or fails to complete, in a good and workmanlike manner, the repairs specified in an accepted offer, the limitations on damages and defenses to liability provided in sections 2 to 20, inclusive, of this act do not apply.
3. If coverage under a warranty or contract of insurance is denied by an insurer in bad faith, the homeowner and the contractor have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorneys fees and costs.
Sec. 13. 1. Except as otherwise provided in section 12 of this act, in a claim or cause of action governed by sections 2 to 20, inclusive, of this act, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:
(a) Any reasonable attorneys fees;
κ1995 Statutes of Nevada, Page 2542 (CHAPTER 661, SB 395)κ
(b) The reasonable cost of repairs necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;
(c) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;
(d) The loss of the use of the residence during the time of the repair;
(e) The reasonable value of any other property damaged by the constructional defect;
(f) Any additional costs incurred by the claimant, including any costs and fees incurred for hiring experts reasonably necessary to ascertain the nature and extent of the constructional defect; and
(g) Any interest provided by statute.
2. As used in this section, structural failure means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.
Sec. 14. An offer of settlement that is not accepted within 25 days after the offer is received by the claimant is considered rejected if the offer contains a clear and understandable statement notifying the claimant of the consequences of his failure to respond or otherwise accept or reject the offer of settlement. An affidavit certifying rejection of an offer of settlement under this section may be filed with the court.
Sec. 15. In addition to any other method provided for settling a claim pursuant to sections 2 to 20, inclusive, of this act, a contractor may, pursuant to a written agreement entered into with a claimant, settle a claim by repurchasing the claimants residence and the real property upon which it is located. The agreement may include, without limitation, provisions which reimburse the claimant for:
1. The value of any improvements made to the property by a person other than the contractor;
2. Reasonable attorneys fees and fees for experts; and
3. Any costs, including costs and expenses for moving and costs, points and fees for loans.
Sec. 16. A contractor who receives written notice of a constructional defect resulting from work performed by the contractor or his agent, employee or subcontractor which creates an imminent threat to the health or safety of the inhabitants of the residence shall take reasonable steps to cure the defect as soon as practicable. The contractor shall not cure the defect by making any repairs for which he is not licensed or by causing any repairs to be made by a person who is not licensed to make those repairs. If the contractor fails to cure the defect in a reasonable time, the owner of the residence may have the defect cured and may recover from the contractor the reasonable cost of the repairs plus reasonable attorneys fees and costs in addition to any other damages recoverable under any other law.
Sec. 17. 1. A contractor who makes or provides for repairs under sections 2 to 20, inclusive, of this act may take reasonable steps to prove that the repairs were made and to have them inspected.
2. The provisions of sections 2 to 20, inclusive, of this act regarding inspection and repair are in addition to any rights of inspection and settlement provided by common law or by another statute.
κ1995 Statutes of Nevada, Page 2543 (CHAPTER 661, SB 395)κ
Sec. 18. 1. Before a complaint in a cause of action governed by sections 2 to 20, inclusive, of this act may be filed in court, the matter must be submitted to mediation, unless mediation is waived in writing by the contractor and the claimant.
2. The claimant and contractor must select a mediator by agreement. If the claimant and contractor fail to agree upon a mediator within 45 days after a mediator is first selected by the claimant, either party may petition the American Arbitration Association, the Nevada Arbitration Association, Nevada Dispute Resolution Services or any other mediation service acceptable to the parties for the appointment of a mediator. A mediator so appointed may discover only those documents or records which are necessary to conduct the mediation. The mediator shall convene the mediation within 60 days after the matter is submitted to him, unless the parties agree to extend the time. The contractor shall deposit with the mediator before mediation begins the entire amount estimated by the mediator as necessary to pay the salary and expenses of the mediator, and shall deposit additional amounts demanded by the mediator as incurred for that purpose. The total fees for each day of mediation and the mediator must not exceed $750 per day.
3. If, after undergoing mediation pursuant to subsection 2, the parties do not reach an agreement concerning the matter, the claimant may file his complaint and:
(a) The reasonable costs and fees of the mediation are recoverable as costs of the action.
(b) The claimant may petition the court in which the complaint is filed for the appointment of a special master.
4. A special master appointed pursuant to subsection 3 may:
(a) Review all pleadings, papers or documents filed with the court concerning the cause of action.
(b) Coordinate the discovery of any books, records, papers or other documents by the parties, including the disclosure of witnesses and the taking of the deposition of any party.
(c) Order any inspections on the site of the property by a party and any consultants or experts of a party.
(d) Order settlement conferences and attendance at those conferences by any representative of the insurer of a party.
(e) Require any attorney representing a party to provide statements of legal and factual issues concerning the cause of action.
(f) Refer to the judge who appointed him or to the presiding judge of the court in which the cause of action is filed any matter requiring assistance from the court.
The special master shall not, unless otherwise agreed by the parties, personally conduct any settlement conferences or engage in any ex parte meetings regarding the action.
5. Upon application by a party to the court in which the cause of action is filed, any decision or other action taken by a special master appointed pursuant to this section may be appealed for a trial de novo.
6. A report issued by a mediator or special master that indicates that either party has failed to appear before him or to mediate in good faith is admissible in the cause of action, but a statement or admission made by either party in the course of mediation is not admissible.
κ1995 Statutes of Nevada, Page 2544 (CHAPTER 661, SB 395)κ
admissible in the cause of action, but a statement or admission made by either party in the course of mediation is not admissible.
Sec. 19. 1. Except as otherwise provided in subsection 2, a written waiver or settlement agreement executed by a claimant after a contractor has corrected or otherwise repaired a constructional defect does not bar a cause of action for the constructional defect if it is determined that the contractor failed to correct or repair the defect properly.
2. The provisions of subsection 1 do not apply to any written waiver or settlement agreement described in subsection 1 unless:
(a) The claimant has obtained the opinion of an expert concerning the constructional defect;
(b) The claimant has provided the contractor with a written notice of the defect pursuant to section 11 of this act and a copy of the experts opinion; and
(c) The claimant and the contractor have complied with the requirements for inspection and repair as provided in sections 2 to 20, inclusive, of this act.
3. If a claimant does not prevail in any cause of action which is not barred pursuant to this section, the court may:
(a) Deny the claimants attorneys fees, fees for an expert witness or costs; and
(b) Award attorneys fees and costs to the contractor.
Sec. 19.5. No claim or cause of action governed by sections 2 to 20, inclusive, of this act may be brought by a claimant or contractor against any third parties, including a government, governmental agency or political subdivision of a government, during the period in which a claim or cause of action for a constructional defect is being settled, mediated or otherwise resolved pursuant to sections 2 to 20, inclusive, of this act. The settlement of such a claim or cause of action does not affect the rights or obligations of any person who is not a party to the settlement, and the failure to reach such a settlement does not affect the rights or obligations of the claimant or contractor in any action brought by the claimant or contractor against a third party.
Sec. 20. Any statutes of limitation or repose applicable to a claim or cause of action governed by sections 2 to 20, inclusive, of this act are tolled from the time a claimant provides notice of the claimed defect, damage or injury to the contractor pursuant to section 11 of this act until 30 days after mediation is concluded or waived in writing pursuant to section 18 of this act.
Sec. 21. NRS 624.300 is hereby amended to read as follows:
624.300 1. [The] Except as otherwise provided in subsection 3, the board may suspend or revoke licenses already issued, refuse renewals of licenses, impose limits on the field, scope and monetary limit of the license, impose an administrative fine of not more than $5,000 or reprimand or take other less severe disciplinary action, including without limitation, increasing the amount of the surety bond or cash deposit of the licensee, if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
κ1995 Statutes of Nevada, Page 2545 (CHAPTER 661, SB 395)κ
board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in section 5 of this act, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to sections 2 to 20, inclusive, of this act, unless the disciplinary action is necessary to protect the public health or safety.
4. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
Sec. 22. NRS 624.3011 is hereby amended to read as follows:
624.3011 1. The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
(a) Willful and prejudicial departure from or disregard of plans or specifications in any material respect without the consent of the owner or his [duly] authorized representative and the person entitled to have the particular construction project or operation completed in accordance with the plans and specifications.
(b) Failure to respond to a claim arising out of a constructional defect, as that term is defined in section 5 of this act.
(c) Willful or deliberate disregard and violation of:
(1) The building laws of the state or of any political subdivision thereof.
(2) The safety laws or labor laws of the state.
(3) Any provision of the Nevada health and safety laws or the regulations adopted thereunder relating to the digging, boring or drilling of water wells.
(4) The laws of this state regarding industrial insurance.
2. If a contractor performs construction without obtaining any necessary building permit, there is a rebuttable presumption that the contractor willfully and deliberately violated the building laws of this state or of its political subdivisions. The board shall not require the contractor to obtain that permit more than 90 days after the construction is completed.
Sec. 23. Section 1 of Senate Bill No. 71 of this session is hereby amended to read as follows:
Section 1. NRS 624.300 is hereby amended to read as follows:
624.300 1. Except as otherwise provided in subsection 3, the board may [suspend] :
(a) Suspend or revoke licenses already issued [, refuse] ;
(b) Refuse renewals of licenses [, impose] ;
(c) Impose limits on the field, scope and monetary limit of the license [, impose] ;
(d) Impose an administrative fine of not more than $5,000 ;
(e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensees cost; or [reprimand]
(f) Reprimand or take other less severe disciplinary action, including , without limitation, increasing the amount of the surety bond or cash deposit of the licensee, if the licensee commits any act which constitutes a cause for disciplinary action.
κ1995 Statutes of Nevada, Page 2546 (CHAPTER 661, SB 395)κ
if the licensee commits any act which constitutes a cause for disciplinary action.
2. If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.
3. The board shall not take any disciplinary action pursuant to this section regarding a constructional defect, as that term is defined in section 5 of [this act,] Senate Bill No. 395 of this session, during the period in which any claim arising out of that defect is being settled, mediated or otherwise resolved pursuant to sections 2 to 20, inclusive, of [this act,] Senate Bill No. 395 of this session, unless the disciplinary action is necessary to protect the public health or safety.
4. If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorneys fees, may be recovered by the board.
Sec. 24. This act becomes effective on July 1, 1995.
________
Senate Bill No. 430Committee on Human Resources and Facilities
CHAPTER 662
AN ACT relating to emergency medical services; removing the jurisdiction of a district health department over such services in certain counties; eliminating the power of local authorities in certain counties to adopt more restrictive rules and regulations concerning such services than those adopted by the state board of health; requiring the state board of health to adopt regulations concerning certain administrative hearings and appeals; making an appropriation; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.410 is hereby amended to read as follows:
439.410 1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district [.] , except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS in a county whose population is less than 400,000.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which [shall] must take effect immediately on their approval by the state board of health, to:
κ1995 Statutes of Nevada, Page 2547 (CHAPTER 662, SB 430)κ
affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which [shall] must take effect immediately on their approval by the state board of health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the district board of health [shall] must give at least 30 days notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal 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) State each address at which the text of the proposal may be inspected and copied.
(c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the district board for such purpose.
5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.
Sec. 2. NRS 450B.060 is hereby amended to read as follows:
450B.060 Board means:
1. In a county whose population is less than [100,000,] 400,000, the state board of health.
2. In a county whose population is [100,000] 400,000 or more, the county or district board of health.
Sec. 3. NRS 450B.077 is hereby amended to read as follows:
450B.077 Health authority means:
1. In a county whose population is less than [100,000,] 400,000, the health division.
2. In a county whose population is [100,000] 400,000 or more, the county or district board of health.
Sec. 4. NRS 450B.082 is hereby amended to read as follows:
450B.082 Health officer means:
1. In a county whose population is less than [100,000,] 400,000, the state health officer.
2. In a county whose population is [100,000] 400,000 or more, the county or district health officer.
κ1995 Statutes of Nevada, Page 2548 (CHAPTER 662, SB 430)κ
Sec. 5. NRS 450B.180 is hereby amended to read as follows:
450B.180 1. Any person desiring certification as an emergency medical technician must apply to the health authority using forms prescribed by the health authority.
2. The health authority, [under] pursuant to regulations and procedures adopted by the board, shall make a determination of the applicants qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.
3. A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.
4. The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. The holder [has the right of appeal to] of the certificate may appeal the suspension or revocation of his certificate pursuant to regulations adopted by the board.
5. The board shall determine the procedures and techniques which may be performed by an emergency medical technician.
6. A certificate issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health.
7. The health division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the health division or a county or district board of health.
8. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 6. NRS 450B.200 is hereby amended to read as follows:
450B.200 1. The health authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.
2. Each permit must be evidenced by a card issued to the holder of the permit.
3. No permit may be issued unless the applicant is qualified [under] pursuant to the regulations of the board.
4. An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:
(a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;
(b) The name under which the applicant is doing business or proposes to do business, if applicable;
(c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicants ambulance, air ambulance or vehicle;
(d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and
κ1995 Statutes of Nevada, Page 2549 (CHAPTER 662, SB 430)κ
(e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.
5. The board shall establish a reasonable fee for annual permits.
6. All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.
7. The health authority shall:
(a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or
(b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,
only after the holder of a permit is afforded an opportunity for a public hearing [before] pursuant to regulations adopted by the board.
8. The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.
9. The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.
10. A permit issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the county or district board of health in a county whose populations is [100,000] 400,000 or more is not required to obtain a permit from the health division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.
11. The health division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the health division or a county or district board of health.
12. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 7. NRS 450B.300 is hereby repealed.
Sec. 8. 1. There is hereby appropriated from the state general fund to the health division of the department of human resources for the regulation of emergency medical services in accordance with the provisions of this act:
For the fiscal year 1995-96........................................................... $197,421
For the fiscal year 1996-97........................................................... $160,060
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 9. This act becomes effective on July 1, 1995.
________
κ1995 Statutes of Nevada, Page 2550κ
Senate Bill No. 444Senator McGinness
CHAPTER 663
AN ACT making a contingent appropriation to the Mineral County School District for a portion of the costs of construction of a school to replace Schurz School; and providing other matters properly relating thereto.
[Approved July 5, 1995]
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 Mineral County School District the sum of $250,000 for a portion of the costs of construction of a school to replace Schurz School.
Sec. 2. The appropriation made by section 1 of this act is contingent upon Mineral County School District obtaining money from any public or private source in an amount which, when combined with this appropriation, is sufficient to fund the construction of the school.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.
________
Senate Bill No. 456Senators Porter and OConnell
CHAPTER 664
AN ACT relating to local governments; authorizing a local government to establish funds for the extraordinary maintenance, repair or improvement of local governmental facilities and capital projects, the construction of capital projects and the stabilization of the operation of local government; requiring certain local governments to establish a fund for the extraordinary maintenance, repair or improvement of capital projects; and providing other matters properly relating thereto.
[Approved July 5, 1995]
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 the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Extraordinary maintenance, repair or improvement means all expenses ordinarily incurred not more than once every 5 years to maintain a local governmental facility or capital project in a fit operating condition.
Sec. 3. 1. The governing body of a local government may, by resolution, establish a fund for the extraordinary maintenance, repair or improvement of local governmental facilities.
κ1995 Statutes of Nevada, Page 2551 (CHAPTER 664, SB 456)κ
2. Any interest and income earned on the money in the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to the fund.
3. The money in the fund must be used only for the extraordinary maintenance, repair or improvement of existing local government facilities or facilities which replace those facilities. The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection.
4. If the fund is established, the local government shall establish a plan for the extraordinary maintenance, repair or improvement of its local governmental facilities.
5. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund and:
(a) Indicate in detail the extraordinary maintenance, repairs or improvements of the local governmental facilities that have been funded with money from the fund;
(b) Specify the amount of money, if any, that will be deposited in the fund for the next fiscal year;
(c) Specify any proposed extraordinary maintenance, repairs or improvements of local governmental facilities that will be funded with money from the fund during the next fiscal year; and
(d) Identify any planned accumulation of the money in the fund.
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
Sec. 4. 1. The governing body of a local government may, by resolution, establish a fund for the construction of capital projects.
2. Any interest or income earned on money in the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to the fund.
3. The money in the fund must be used only for the construction of capital projects which are included in the plan for capital improvement of the local government prepared pursuant to NRS 350.0035. The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection.
4. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund and:
(a) Indicate in detail the capital projects that have been constructed with money from the fund;
(b) Specify the amount of money, if any, that will be deposited in the fund for the next fiscal year;
(c) Specify any proposed capital projects that will be constructed with money from the fund during the next fiscal year; and
(d) Identify any planned accumulation of the money in the fund.
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
κ1995 Statutes of Nevada, Page 2552 (CHAPTER 664, SB 456)κ
Sec. 5. 1. A local government in a county whose population is 100,000 or more shall establish a fund for the extraordinary maintenance, repair or improvement of capital projects. The local government shall establish within that fund a separate account for each capital project it undertakes, except a capital project for the construction of public roads or a capital project for the control of floods. The local government shall allocate an amount equal to one-half of 1 percent of the total amount of the bonds sold for each capital project and deposit that amount in the separate account established for that capital project. The proceeds from the sale of those bonds or any other money of the local government may be used to carry out the provisions of this subsection.
2. Any interest and income earned on the money in an account within the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to that account.
3. The money in each account within the fund may be used only for the extraordinary maintenance, repair or improvement of the capital project or a facility which replaces that capital project. The money in each account within the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection. If the local government sells any capital project for which an account within the fund was established, any balance remaining in that account must be used to reduce the debt of the local government.
4. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify:
(a) Each fund and every account within that fund established pursuant to this section and indicate in detail any extraordinary maintenance, repairs or improvements of the capital project that have been paid for with money from the fund; and
(b) Any planned accumulation of money in each fund and every account within the fund.
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
Sec. 6. 1. A local government in a county whose population is less than 100,000 may establish a fund for the extraordinary maintenance, repair or improvement of capital projects. If the local government establishes such a fund, the local government must establish within that fund a separate account for each capital project it undertakes, except a capital project for the construction of public roads or a capital project for the control of floods.
2. Any interest and income earned on the money in an account within the fund in excess of any amount which is reserved for rebate payments to the Federal Government pursuant to 26 U.S.C. § 148, as amended, or is otherwise required to be applied in a specific manner by the Internal Revenue Code of 1986, as amended, must be credited to that account.
3. The money in each account within the fund may be used only for the extraordinary maintenance, repair or improvement of the capital project or a facility which replaces that capital project. The money in each account within the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection.
κ1995 Statutes of Nevada, Page 2553 (CHAPTER 664, SB 456)κ
surplus for any purpose other than the purpose specified in this subsection. If the local government sells any capital project for which an account within the fund was established, any balance remaining in that account must be used to reduce the debt of the local government.
4. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify:
(a) Each fund and every account within that fund established pursuant to this section and indicate in detail any extraordinary maintenance, repairs or improvements of the capital project that have been paid for with money from the fund; and
(b) Any planned accumulation of money in each fund and every account within the fund.
The audit report must include a statement by the auditor whether the local government has complied with the provisions of this subsection.
Sec. 7. 1. The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government.
2. The money in the fund must be used only if the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money. The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than the purpose specified in this subsection.
3. The balance in the fund must not exceed 10 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.
Sec. 8. The total amount of money which may be transferred in a fiscal year from the general fund of a local government to the funds established pursuant to sections 3, 4 and 7 of this act must not exceed 10 percent of the total amount of the budgeted expenditures of the general fund, plus any money transferred from the general fund, other than the money transferred to those funds, for that fiscal year.
Sec. 9. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and sections 2 to 8, inclusive, of this act, may be cited as the Local Government Budget Act.
Sec. 10. 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 sections 2 to 8, inclusive, of this act, apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive [:] , and sections 2 to 8, inclusive, of this act:
(a) Local government means every political subdivision or other entity which 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.
(b) Local government does not include the Nevada rural housing authority.
κ1995 Statutes of Nevada, Page 2554 (CHAPTER 664, SB 456)κ
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, and sections 2 to 8, inclusive, of this act, 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. 11. NRS 354.476 is hereby amended to read as follows:
354.476 As used in NRS 354.470 to 354.626, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 12. Section 10 of this act becomes effective at 12:01 a.m. on October 1, 1995.
________
Senate Bill No. 464Committee on Judiciary
CHAPTER 665
AN ACT relating to county jails; making various changes to the provisions governing the incarceration and custody of a parolee who has violated a condition of his parole; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.15103 is hereby amended to read as follows:
213.15103 1. If a parolee is incarcerated in a county jail for a violation of a condition of his parole [,] or because his residential confinement is terminated pursuant to NRS 213.15198, the sheriff of that county shall notify the chief. [Unless the chief can show good cause why the parolee should remain incarcerated in the jail and if] If there are no other criminal charges pending or warrants outstanding for the parolee, the division shall take custody of the parolee within:
(a) [Fifteen] Five working days after the inquiry held pursuant to NRS 213.1511 is conducted.
κ1995 Statutes of Nevada, Page 2555 (CHAPTER 665, SB 464)κ
(b) [Thirty] Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive.
2. If the division fails to take custody of a parolee within the time required by subsection 1, the division shall reimburse the county in which the jail is situated, at a daily rate to be determined by the board of county commissioners for that county, for the cost of housing the parolee each day the parolee is incarcerated in the jail. If the division does not certify in writing within:
(a) Five working days after the inquiry held pursuant to NRS 213.1511 is conducted; or
(b) Five working days after receiving notice from the sheriff if the parolee was paroled by another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive,
that continued incarceration of the parolee is necessary, the sheriff may, if there are no other criminal charges pending or warrants outstanding for the parolee, release him from custody.
3. The provisions of this section do not apply if the division has entered into an agreement with a county that provides otherwise.
________
Senate Bill No. 485Committee on Taxation
CHAPTER 666
AN ACT relating to taxation; providing a credit against taxes on retail sales for portion of sales price that was not collected; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.365 is hereby amended to read as follows:
372.365 1. For the purposes of the sales tax, the return must show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return must show the total sales price of the property sold by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.
2. In case of a return filed by a purchaser, the return must show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period.
3. The return must also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this chapter.
4. If during the period covered by the return:
(a) A retailer has not received a deferred payment due or is unable to collect all or part of the sales price of a sale, the amount of which is included in the gross receipts or total sales price reported or was so included for a previous reporting period, he may deduct the amount of sales or use tax paid or payable on account of that deferred payment or uncollected sales price from the amount of sales or use tax otherwise payable for the current reporting period.
κ1995 Statutes of Nevada, Page 2556 (CHAPTER 666, SB 485)κ
previous reporting period, he may deduct the amount of sales or use tax paid or payable on account of that deferred payment or uncollected sales price from the amount of sales or use tax otherwise payable for the current reporting period.
(b) A retailer collects all or part of any deferred payment or uncollected sales price for which he claimed a deduction on a return for a previous reporting period pursuant to paragraph (a), he shall add to the amount of sales or use tax otherwise payable for the current reporting period the amount he deducted on the return for the previous reporting period on account of the portion of that deferred payment or uncollected sales price which he collected during the current reporting period.
Sec. 2. NRS 374.370 is hereby amended to read as follows:
374.370 1. For the purposes of the sales tax, the return [shall] must show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return [shall] must show the total sales price of the property sold by him, the storage, use or consumption of which property became subject to the use tax during the preceding reporting period.
2. In case of a return filed by a purchaser, the return [shall] must show the total sales price of the property purchased by him, the storage, use or consumption of which became subject to the use tax during the preceding reporting period.
3. The return [shall] must also show the amount of the taxes for the period covered by the return and such other information as the department deems necessary for the proper administration of this chapter.
4. If during the period covered by the return:
(a) A retailer has not received a deferred payment due or is unable to collect all or part of the sales price of a sale, the amount of which is included in the gross receipts or total sales price reported or was so included for a previous reporting period, he may deduct the amount of sales or use tax paid or payable on account of that deferred payment or uncollected sales price from the amount of sales or use tax otherwise payable for the current reporting period.
(b) A retailer collects all or part of any deferred payment or uncollected sales price for which he claimed a deduction on a return for a previous reporting period pursuant to paragraph (a), he shall add to the amount of sales or use tax otherwise payable for the current reporting period the amount he deducted on the return for the previous reporting period on account of the portion of that deferred payment or uncollected sales price which he collected during the current reporting period.
Sec. 3. The amendatory provisions of this act do not authorize any deductions from the amount of any sales and use taxes due on account of sales and purchases occurring before July 1, 1997.
Sec. 4. This act becomes effective on July 1, 1997.
________
κ1995 Statutes of Nevada, Page 2557κ
Senate Bill No. 491Committee on Commerce and Labor
CHAPTER 667
AN ACT relating to arbitration; providing for binding arbitration of disputes arising under certain contracts of insurance; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 689B.270 and subject to the approval of the commissioner, a policy of group health insurance may include a provision which requires a member or a dependent of a member of the insured group and the insurer to submit for binding arbitration any dispute between the member or dependent and the insurer concerning any matter directly or indirectly related to, or associated with, the policy. If such a provision is included in the policy:
(a) A member and any dependent of the member must be given the opportunity to decline to participate in binding arbitration at the time they elect to be covered by the policy.
(b) It must clearly state that the insurer and a member or dependent of a member of the insured group who has not declined to participate in binding arbitration agree to forego their right to resolve any such dispute in a court of law or equity.
2. Except as otherwise provided in subsection 3, the arbitration must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association. The insurer is responsible for any administrative fees and expenses relating to the arbitration, except that the insurer is not responsible for attorneys fees and fees for expert witnesses unless those fees are awarded by the arbitrator.
3. If a dispute required to be submitted to binding arbitration requires an immediate resolution to protect the physical health of a member or a dependent of a member, any party to the dispute may waive arbitration and seek declaratory relief in a court of competent jurisdiction.
4. If a provision described in subsection 1 is included in a policy of group health insurance, the provision shall not be deemed unenforceable as an unreasonable contract of adhesion if the provision is included in compliance with the provisions of subsection 1.
Sec. 2. Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Subject to the approval of the commissioner, a contract of insurance for home protection may include a provision which requires the parties to the contract to submit for binding arbitration any dispute between the parties concerning any matter directly or indirectly related to, or associated with, the contract.
2. Except as otherwise provided in subsection 3, the arbitration must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association.
κ1995 Statutes of Nevada, Page 2558 (CHAPTER 667, SB 491)κ
American Arbitration Association. The insurer is responsible for any administrative fees and expenses relating to the arbitration, except that the insurer is not responsible for attorneys fees and fees for expert witnesses unless those fees are awarded by the arbitrator.
3. If a provision described in subsection 1 is included in a contract of insurance for home protection, the provision shall not be deemed unenforceable as an unreasonable contract of adhesion if the provision is included in compliance with the provisions of subsection 1.
Sec. 3. NRS 690B.100 is hereby amended to read as follows:
690B.100 As used in NRS 690B.100 to 690B.180, inclusive, and section 2 of this act, unless the context otherwise requires:
1. Home means a structure used primarily for residential purposes and includes a single-family dwelling, a unit in a multiple-family structure and a mobile home.
2. Insurance for home protection means a contract of insurance, which affords coverage over a specified term for a predetermined fee, under which a person, other than the manufacturer, builder, seller or lessor of the home, agrees to repair, replace or indemnify from the cost of repair or replacement based upon the failure of any structure, component, system or appliance of the home. The term does not include a contract which insures against any consequential losses caused by the defects or failures.
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 695B.182 and subject to the approval of the commissioner, any contract which is authorized pursuant to this chapter may include a provision which requires the parties to the contract to submit for binding arbitration any dispute between the parties concerning any matter directly or indirectly related to, or associated with, the contract. If such a provision is included in the contract:
(a) A person who elects to be covered by the contract must be given the opportunity to decline to participate in binding arbitration at the time he elects to be covered by the contract.
(b) It must clearly state that the parties to the contract who have not declined to participate in binding arbitration agree to forego their right to resolve any such dispute in a court of law or equity.
2. Except as otherwise provided in subsection 3, the arbitration must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association. The insurer is responsible for any administrative fees and expenses relating to the arbitration, except that the insurer is not responsible for attorneys fees and fees for expert witnesses unless those fees are awarded by the arbitrator.
3. If a dispute required to be submitted to binding arbitration requires an immediate resolution to protect the physical health of a person insured under the contract, any party to the dispute may waive arbitration and seek declaratory relief in a court of competent jurisdiction.
4. If a provision described in subsection 1 is included in a contract, the provision shall not be deemed unenforceable as an unreasonable contract of adhesion if the provision is included in compliance with the provisions of subsection 1.
κ1995 Statutes of Nevada, Page 2559 (CHAPTER 667, SB 491)κ
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 695C.265 and subject to the approval of the commissioner, a health maintenance organization may include in any evidence of coverage issued by the organization a provision which requires an enrollee to whom the evidence of coverage is issued and the health maintenance organization to submit for binding arbitration any dispute between the enrollee and the organization concerning any matter directly or indirectly related to, or associated with, the evidence of coverage or the health care plan or health care services of the health maintenance organization. If such a provision is included in the evidence of coverage:
(a) An enrollee must be given the opportunity to decline to participate in binding arbitration at the time of his enrollment.
(b) It must clearly state that the health maintenance organization and an enrollee who has not declined to participate in binding arbitration agree to forego their right to resolve any such dispute in a court of law or equity.
2. Except as otherwise provided in subsection 3, the arbitration must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association. The health maintenance organization is responsible for any administrative fees and expenses relating to the arbitration, except that the health maintenance organization is not responsible for attorneys fees and fees for expert witnesses unless those fees are awarded by the arbitrator.
3. If a dispute required to be submitted to binding arbitration requires an immediate resolution to protect the physical health of an enrollee, any party to the dispute may waive arbitration and seek declaratory relief in a court of competent jurisdiction.
4. If a provision described in subsection 1 is included in any evidence of coverage issued by a health maintenance organization, the provision shall not be deemed unenforceable as an unreasonable contract of adhesion if the provision is included in compliance with the provisions of subsection 1.
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Senate Bill No. 526Committee on Finance
CHAPTER 668
AN ACT relating to the office of science, engineering and technology; authorizing the director of the office to engage in other employment under certain circumstances; and providing other matters properly relating thereto.
[Approved July 5, 1995]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.500 is hereby amended to read as follows:
231.500 1. The office of science, engineering and technology is hereby established within the office of the governor.
κ1995 Statutes of Nevada, Page 2560 (CHAPTER 668, SB 526)κ
2. The governor shall appoint the director of the office of science, engineering and technology. In making the appointment, the governor shall:
(a) Take reasonable actions to recruit qualified candidates from throughout the United States, including, without limitation, advertising the position in appropriate technical journals and publications; and
(b) Assemble a panel of persons with appropriate experience in science, engineering and technology to make recommendations of qualified candidates for the position. The panel must include members of the Nevada Industry, Science, Engineering and Technology, Inc., and the commission on economic development.
3. The director shall serve at the pleasure of the governor.
4. The director must have:
(a) A graduate degree in an appropriate field of science or engineering;
(b) Experience administering major scientific and engineering programs; and
(c) Demonstrated experience in the development of plans and policies for state governments and the Federal Government.
5. If a vacancy occurs during the directors term of office, the governor shall appoint a person to serve the remainder of the unexpired term in the manner provided in subsection 2.
6. The director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation [.] , except for consulting and academic pursuits which the governor determines:
(a) Do not conflict with the duties of the director; and
(b) May further the interests of the State of Nevada.
Sec. 2. This act becomes effective on July 1, 1995.
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Senate Bill No. 542Committee on Government Affairs
CHAPTER 669
AN ACT relating to sewerage; providing for the collection of delinquent sewerage charges upon the general tax roll; and providing other matters properly relating thereto.
[Approved July 5, 1995]
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 a new section to read as follows:
1. The governing body of a city which provides sewerage may elect by ordinance to have delinquent charges for sewerage collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the countys general taxes. The governing body shall cause a description of each parcel of real property with respect to which the charge is delinquent on May 1 and the amount of the delinquent charge to be