Assembly Bill No. 646

Assembly Bill No. 646-Committee on Judiciary

CHAPTER

342

AN ACT relating to Nevada Revised Statutes; making technical corrections to inappropriate or inaccurate provisions; clarifying ambiguous provisions; deleting obsolete provisions; and providing other matters properly relating thereto.

[Approved July 8, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, [can] may only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term "livestock," which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable [man] person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution of the facts constituting the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 2. NRS 51.345 is hereby amended to read as follows:
51.345 1. A statement which at the time of its making:
(a) Was so far contrary to the [declarant's] pecuniary or proprietary interest [;] of the declarant;
(b) So far tended to subject [him] the declarant to civil or criminal liability;
(c) So far tended to render invalid a claim by [him] the declarant against another; or
(d) So far tended to make [him] the declarant an object of hatred, ridicule or social disapproval,
that a reasonable [man in his] person in the position of the declarant would not have made the statement unless [he] the declarant believed it to be true is not inadmissible under the hearsay rule if the declarant is unavailable as a witness. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused in a criminal case is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
2. This section does not make admissible a statement or confession offered against the accused made by a codefendant or other person implicating both himself and the accused.
Sec. 3. NRS 52.255 is hereby amended to read as follows:
52.255 Except as otherwise provided in NRS 52.247, the original is not required, and other evidence of the contents of a writing, recording or photograph is admissible, if:
1. All originals are lost or have been destroyed, unless the loss or destruction resulted from the fraudulent act of the proponent ; [.]
2. No original can be obtained by any available judicial process or procedure ; [.]
3. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing [.] ; or
4. The writing, recording or photograph is not closely related to a controlling issue.
Sec. 4. NRS 90.520 is hereby amended to read as follows:
90.520 1. As used in this section:
(a) "Guaranteed" means guaranteed as to payment of all or substantially all of principal and interest or dividends.
(b) "Insured" means insured as to payment of all or substantially all of principal and interest or dividends.
2. Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:
(a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:
(1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration [under] pursuant to paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;
(2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or
(3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody's [Investor] Investors Service, Inc., or Standard and Poor's [Corporation.] Ratings Services.
(b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.
(c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.
(d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.
(e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:
(1) Subject to the jurisdiction of the [Interstate Commerce Commission;] Surface Transportation Board;
(2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;
(3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or
(4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.
(f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt [under] pursuant to this section.
(g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.
(h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:
(1) Registered under NRS 90.470, 90.480 or 90.490;
(2) Exempt [under] pursuant to this section; or
(3) Not otherwise required to be registered under this chapter.
(j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.
(k) A promissory note, draft, bill of exchange or banker's acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
(l) A security issued in connection with an employees' stock purchase, savings, option, profit-sharing, pension or similar employees' benefit plan.
(m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the general public.
(n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:
(1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt [under] pursuant to this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or
(2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt [under] pursuant to this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.
3. For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
4. The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:
(a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or
(b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.
5. An exemption provided by paragraph (c), (e), (f), (i) or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.
Sec. 5. NRS 120A.150 is hereby amended to read as follows:
120A.150 1. The expiration, before , on or after January 1, 1980, of any period specified by a contract, statute or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.
2. Except as otherwise provided in this subsection, no action or proceeding may be commenced by the administrator with respect to any duty of a holder [under] pursuant to this chapter more than 10 years after the duty arose. The provisions of this subsection do not apply to any action or proceeding against a state or the Federal Government, or any agency or entity thereof.
Sec. 6. NRS 123.225 is hereby amended to read as follows:
123.225 1. The respective interests of the husband and wife in community property during continuance of the marriage relation are present, existing and equal interests, subject to the provisions of NRS 123.230.
2. The provisions of this section apply to all community property, whether the community property was acquired [prior or subsequent to] before, on or after March 26, 1959.
Sec. 7. NRS 123.230 is hereby amended to read as follows:
123.230 A spouse may, by written power of attorney, give to the other the complete power to sell, convey or encumber any property held as community property or either spouse, acting alone, may manage and control community property, whether the community property was acquired before , on or after July 1, 1975, with the same power of disposition as the acting spouse has over his separate property, except that:
1. Neither spouse may devise or bequeath more than one-half of the community property.
2. Neither spouse may make a gift of community property without the express or implied consent of the other.
3. Neither spouse may sell, convey or encumber the community real property unless both join in the execution of the deed or other instrument by which the real property is sold, conveyed or encumbered, and the deed or other instrument must be acknowledged by both.
4. Neither spouse may purchase or contract to purchase community real property unless both join in the transaction of purchase or in the execution of the contract to purchase.
5. Neither spouse may create a security interest, other than a purchase money security interest as defined in NRS 104.9107, in, or sell, community household goods, furnishings or appliances unless both join in executing the security agreement or contract of sale, if any.
6. Neither spouse may acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of a business where both spouses participate in its management without the consent of the other. If only one spouse participates in management, he may, in the ordinary course of business, acquire, purchase, sell, convey or encumber the assets, including real property and goodwill, of the business without the consent of the nonparticipating spouse.
Sec. 8. NRS 123.250 is hereby amended to read as follows:
123.250 1. Upon the death of either husband or wife:
(a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property.
(b) The remaining interest is subject to the testamentary disposition of the decedent, in the absence thereof goes, except as otherwise provided in NRS 134.007, to the surviving spouse, and is the only portion subject to administration under the provisions of Title 12 of NRS.
2. The provisions of this section apply to all community property, whether the community property was acquired [prior or subsequent to] before, on or after July 1, 1975.
Sec. 9. NRS 164.050 is hereby amended to read as follows:
164.050 1. In acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for the benefit of another, a fiduciary shall exercise the judgment and care under the circumstances then prevailing, which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provision or limitation contained in any particular trust instrument or will, a fiduciary [is authorized to] may acquire and retain every kind of property, real, personal or mixed, and every kind of investment, [specifically including, but not by way of] including, without limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.
2. The propriety of an investment decision is to be determined by what the fiduciary knew or should have known at the time of the decision about the inherent nature and expected performance of the investment, the attributes of the portfolio, the general economy and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of the liability of the fiduciary for the performance of his investments must be made giving consideration not only to the performance of a particular investment, but also to the performance of the portfolio as a whole.
3. Nothing contained in this section authorizes any departure from, or variation of, the express terms or limitations set forth in any will, agreement, court order or other instrument creating or defining the [fiduciary's] duties and powers [, but the terms "legal investment,"] , the term "legal investment" or "authorized investment," or words of similar import, as used in any such instrument, [shall be taken] must be construed to mean any investment which is permitted by the terms of subsection 1.
4. The provisions of this section govern fiduciaries acting [under] pursuant to wills, agreements, court orders and other instruments . [now existing or hereafter made.]
Sec. 10. NRS 164.220 is hereby amended to read as follows:
164.220 1. A trust [shall] must be administered with due regard to the respective interests of income beneficiaries and remaindermen. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:
(a) In accordance with the terms of the trust instrument;
(b) In the absence of any contrary terms of the trust instrument, in accordance with the provisions of NRS 164.140 to 164.370, inclusive; or
(c) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of the interest of those entitled to income as well as of those entitled to principal, and in view of the manner in which [men] persons of ordinary prudence, discretion and judgment would act in the management of their own affairs.
2. If the trust instrument gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal , or partly to each, no inference of imprudence or partiality arises from the fact that the trustee has made an allocation contrary to a provision of NRS 164.140 to 164.370, inclusive.
Sec. 11. NRS 164.360 is hereby amended to read as follows:
164.360 Except as specifically provided in the trust instrument, the will or NRS 164.140 to 164.370, inclusive, NRS 164.140 to 164.370, inclusive, apply to any receipt or expense received or incurred after July 1, 1969, by any trust or [decedent's estate,] estate of a decedent whether the trust or estate was established before , on or after July 1, 1969, and whether the asset involved was acquired by the trustee before , on or after July 1, 1969.
Sec. 12. NRS 176.127 is hereby amended to read as follows:
176.127 1. If a court accepts a plea of guilty but mentally ill pursuant to NRS 174.041, 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:
(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] the court determines that the relative risks and benefits of the available treatment are such that a reasonable [man] person would consent to such treatment. The treatment must be provided by the department of prisons.
Sec. 13. NRS 179.118 is hereby amended to read as follows:
179.118 1. The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.
2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body [which] that controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 [, 200.720,] to 200.730 , inclusive, or 201.230.
(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph [(i)] (e) of subsection 1 of NRS 62.211.
Sec. 1 NRS 179.225 is hereby amended to read as follows:
179.225 1. If the punishment of the crime is the confinement of the criminal in prison, the expenses must be paid from money appropriated to the 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;
(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; or
(c) If the prisoner is temporarily returned for prosecution to this state from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state upon completion of the prosecution, the fees paid to the officers and agents of this state,
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] nolo contendere 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.
Sec. 2 NRS 193.017 is hereby amended to read as follows:
193.017 "Knowingly" imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness . [; knowledge] Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent [man] person upon inquiry.
Sec. 3 NRS 193.018 is hereby amended to read as follows:
193.018 "Neglect," "negligence," "negligent" and "negligently" import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent [man] person usually exercises in his own business.
Sec. 4 NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for a person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Except as otherwise provided in subsection 4 , [and NRS 202.3653 to 202.369, inclusive,] carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. It is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.
5. As used in this section:
(a) "Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(b) "Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(c) "Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(d) "Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(e) "Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 5 NRS 205.800 is hereby amended to read as follows:
205.800 1. A person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company and acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable [man] person to believe [he had obtained] that the ticket was obtained in violation of this section is presumed to know that the ticket was [acquired] obtained in violation of NRS 205.760.
Sec. 6 NRS 208.055 is hereby amended to read as follows:
208.055 "Knowingly" imports a knowledge that [the] facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness . [; knowledge] Knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent [man] person upon inquiry.
Sec. 7 NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and [an original and four copies] one copy of each regulation adopted [,] to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall [have endorsed] endorse on the original and [duplicate copies] the copy of each adopted regulation the date of their receipt . [and] The director shall maintain [one] the copy of the regulation in a file and make the copy available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the director of the legislative counsel bureau pursuant to subsection 1 [which:] that:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the [agency's] specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this state,
it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.
3. The legislative commission, or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
4. The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation, the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission objects to the regulation after determining that:
(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;
(b) The regulation does not conform to statutory authority; or
(c) The regulation does not carry out legislative intent,
the director shall attach to the regulation a written notice of the [commission's objection,] objection of the commission, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency.
Sec. 8 NRS 233B.123 is hereby amended to read as follows:
233B.123 In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence [shall] must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and [shall] must be noted in the record. Subject to [these requirements,] the requirements of this subsection, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of authenticated copies or excerpts, if the original is not readily available. Upon request, parties [shall] must be given an opportunity to compare the copy with the original.
3. Every witness shall declare, by oath or affirmation, that he will testify truthfully.
4. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though [such] the matter was not covered in the direct examination, impeach any witness , regardless of which party first called him to testify, and rebut the evidence against him.
5. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the [agency's] specialized knowledge [. Parties shall] of the agency. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they [shall] must be afforded an opportunity to contest the material so noticed. The [agency's] experience, technical competence, and specialized knowledge of the agency may be utilized in the evaluation of the evidence.
Sec. 9 NRS 235.040 is hereby amended to read as follows:
235.040 The trees known as the single-leaf pinon (Pinus monophylla) and the bristlecone pine (Pinus [aristata)] longaeva) are hereby designated as the official state trees of the State of Nevada.
Sec. 10 NRS 244A.711 is hereby amended to read as follows:
244A.711 1. Except as otherwise provided in NRS 244A.703, after holding the required public hearing, the board [of county commissioners] shall proceed no further unless or until it:
(a) Except as otherwise provided in subsection 2, determines by resolution the total amount of money necessary to be provided by the county for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing, or then has in effect, a rating within one of the top four rating categories of either Moody's [Investor] Investors Service, Inc. , or Standard and Poor's [Corporation,] Ratings Services, except that a municipal or other public supplier of electricity in this state, a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in NRS 244A.6975, the owner of a historic structure, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
(e) If the project is for the generation and transmission of electricity, determines by resolution that the project will serve one or more of the purposes set forth in NRS 244A.695 and specifies in the resolution its findings supporting that determination.
2. If the project is for the generation and transmission of electricity, the board may estimate the total amount of money necessary for its completion, and the total amount of money which may be provided by the county in connection with the project may exceed the estimate, without the requirement for any further public hearings to be held in connection therewith, to the extent that the excess is required to complete the project or to finance any improvements to or replacements in the project and the county has previously determined to finance the remaining costs of acquiring, improving and equipping the project.
3. The board may refuse to adopt such a resolution with respect to any project even if all the criteria of subsection 1 are satisfied. If the board desires to adopt such a resolution with respect to any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting this approval, the board of county commissioners shall transmit to the state board of finance all evidence received pursuant to subsection 1.
4. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the board shall provide, or determine that there are provided, sufficient safeguards to [assure] ensure that all money provided by the county will be expended solely for the purposes of the project.
Sec. 11 NRS 267.515 is hereby amended to read as follows:
267.515 Any municipality may [otherwise] cooperate with the Federal Government in connection with any project undertaken by the Federal Government, including , without limitation , in the manner provided in the Federal Reclamation Law approved June 17, 1902 (32 Stat. 388), all acts amendatory thereof or supplemental thereto, and any other [Act] act of Congress enacted [prior to] before, on or after March 28, 1969, authorizing or permitting such cooperation.
Sec. 12 NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further until it:
(a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moody's [Investor] Investors Service, Inc., or Standard and Poor's [Corporation,] Ratings Services, except that a public utility regulated by the public service commission of Nevada, the obligor with respect to a project described in NRS 268.5385, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence;
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement; and
(e) Finds by resolution that the project:
(1) Will provide a public benefit;
(2) Would be compatible with existing facilities in the area adjacent to the location of the project;
(3) Will encourage the creation of jobs for the residents of this state;
(4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and
(5) If not exempt from the provisions of subsection 2 of NRS 268.527, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.
2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to [assure] ensure that all money provided by the city will be expended solely for the purposes of the project.
Sec. 13 NRS 284.4065 is hereby amended to read as follows:
284.4065 1. Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:
(a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;
(b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and
(c) Informs the employee in writing:
(1) Of whether the test will be for alcohol [,] or drugs, or both;
(2) That the results of the test are not admissible in any criminal proceeding against him; and
(3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.
2. An appointing authority may request an employee to submit to a screening test if the employee:
(a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or
(b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.
For the purposes of this subsection, the director shall, by regulation, define the term "substantial damage to property."
3. An appointing authority may place an employee who submits to a screening test on administrative leave with pay until [it] the appointing authority receives the results of the test.
4. An appointing authority shall:
(a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at his expense an independent test of his urine or blood from a laboratory of his choice which is certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.
(b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at his expense an independent test of his blood from a laboratory of his choice.
(c) Provide the employee with the written results of his screening test within 3 working days after it receives those results.
5. An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.
6. An appointing authority shall not use a screening test to harass an employee.
Sec. 14 NRS 284.4067 is hereby amended to read as follows:
284.4067 1. A screening test:
(a) To detect the general presence of a controlled substance or any other drug, must be conducted by an independent laboratory [which] that is certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.
(b) To detect the general presence of alcohol or of a controlled substance or any other drug, must be administered in such a manner as to protect the person tested from any unnecessary embarrassment.
2. Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.
3. If the results of a screening test indicate the presence of any drug which could impair [a person's] the ability of a person to perform the duties of employment safely and efficiently:
(a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and
(b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at his expense by a laboratory of his choice certified by the [National Institute on Drug Abuse.] Department of Health and Human Services.
Sec. 15 NRS 286.682 is hereby amended to read as follows:
286.682 The board may invest the money in its funds in every kind of investment which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 16 NRS 293.176 is hereby amended to read as follows:
293.176 1. Except as otherwise provided in subsection 2, no person may be a candidate in any election if he has changed:
(a) The designation of his political party affiliation; or
(b) His designation of political party from nonpartisan to a designation of a political party affiliation,
on an application to register to vote in the State of Nevada or in any other state since the September 1 next preceding the closing filing date for the election, whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate [for a party nomination] of a political party [which] that was not qualified pursuant to NRS 293.171 on the September 1 next preceding the closing filing date for the election.
Sec. 17 NRS 293.370 is hereby amended to read as follows:
293.370 1. When all the votes have been tallied, the counting board officers shall enter on the tally lists by the name of each candidate the number of votes he received. The number must be expressed in words and figures. The vote for and against any question submitted to the electors must be entered in the same manner.
2. The tally lists must show the number of votes, other than absentee votes and votes in a mailing precinct, which each candidate received in each precinct at:
(a) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or
(b) A general election.
Sec. 18 NRS 293B.130 is hereby amended to read as follows:
293B.130 1. Before any election where a mechanical voting system is to be used, the county or city clerk shall prepare or cause to be prepared a computer program on cards, tape or other material suitable for use with the computer or counting device to be employed for counting the votes cast. The program must cause the computer or counting device to operate in the following manner:
(a) All lawful votes cast by each voter must be counted.
(b) All unlawful votes, including , but not limited to , overvotes or, in a primary election, votes cast for a candidate of a major political party other than the party, if any, of the [voter's registration,] registration of the voter must not be counted.
(c) If the election is:
(1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or
(2) A general election,
the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
(d) The computer or counting device must halt or indicate by appropriate signal if a ballot is encountered which lacks a code identifying the precinct in which it was voted and, in a primary election, identifying the major political party of the voter.
2. The program must be prepared under the supervision of the accuracy certification board appointed pursuant to the provisions of NRS 293B.140.
3. The county clerk shall take such measures as he deems necessary to protect the program from being altered or damaged.
Sec. 19 NRS 293B.380 is hereby amended to read as follows:
293B.380 1. The ballot processing and packaging board must be composed of persons who are qualified in the use of the data processing equipment to be operated for the voting count.
2. The board shall:
(a) Allow members of the general public to observe the counting area where the computers are located during the period when ballots are being processed if those members do not interfere with the processing of the ballots.
(b) Receive ballots and maintain groupings of them by precinct.
(c) Before each counting of the ballots or computer run begins, validate the testing material with the counting program.
(d) Maintain a log showing the sequence in which the ballots of each precinct are processed, as a measure to ensure that the ballots of all precincts are processed.
(e) After each counting of the ballots, again verify the testing material with the counting program to substantiate that there has been no substitution or irregularity.
(f) Record an explanation of any irregularity that occurs in the processing.
(g) If the election is:
(1) A primary election held in an even-numbered year ; [, other than a presidential preference primary;] or
(2) A general election,
ensure that a list is compiled indicating the total votes, other than absentee votes and votes in a mailing precinct, which each candidate accumulated in each precinct.
(h) Collect all returns, programs, testing materials, ballots and other items used in the election at the computer center and package and deliver the items to the county clerk for sealing and storage.
Sec. 20 NRS 318.220 is hereby amended to read as follows:
318.220 1. Any municipality, county, special district or owner may sell, lease, grant, convey, transfer or pay over to any district, with or without consideration, any project or any part [or parts] thereof or any interest in real or personal property or any [funds] money available for construction or improvement purposes, including the proceeds of bonds issued [prior to] before, on or after March 30, 1959, for construction or improvement purposes which may be used by the district in the construction, improvement, maintenance or operation of any project.
2. Any municipality, county or special district is also authorized to transfer, assign and set over to any district any contracts which may have been awarded by the municipality, county or special district for the construction of projects not begun or, if begun, not completed.
3. The territory being served by any project or the territory within which the project is authorized to render service at the time of the acquisition of the project by a district [shall] must include the area served by the project and the area in which the project is authorized to serve at the time of acquisition and any other area into which the service may be extended within the district . [; but where] If an election is required either by general law or charter provision to authorize [such] the transfer, such election [shall be forthwith] must be called and [shall be] conducted as provided by law.
Sec. 21 NRS 321.500 is hereby amended to read as follows:
321.500 1. The commission may, on behalf of the State of Nevada, purchase or otherwise acquire from the Federal Government all or any portion of the lands described in subsection 2, at intervals during any period when a purchase may be made as provided by the Congress of the United States, including any extension of time granted by the Secretary of the Interior, or otherwise.
2. The lands referred to in subsection 1 are described as follows:
Parcel 1. All of sections 1, 12 and 13; fractional sections 24 and 25, T. 33 S., R. 65 E.
Parcel 2. All of sections 6, 7 and 8; fractional sections 4, 5, 9, 10 and 15, all of section 16, fractional section 17, all of section 18, fractional sections 19, 20, 21, 30 and 31, T. 33 S., R. 66 E.
Parcel 3. East 1/2 section 20, all of sections 21, 22, 23, fractional sections 24, 25 and 26, all of sections 27 and 28, east 1/2 section 29, southeast 1/4 section 31, fractional sections 32, 33, 34 and 35, T. 32 S., R. 66 E.
Parcel 4. Fractional sections 4 and 5, T. 34 S., R. 66 E., and any other surveyed land or any unsurveyed land lying between the lands described in parcels 2, 3 and 4 and the Arizona-Nevada state line. All [range] references to township and range in this subsection refer to Mount Diablo base and meridian.
Sec. 22 NRS 348.210 is hereby amended to read as follows:
348.210 "Public security" means any note, warrant, interim debenture [,] or bond [(including,] , including, without limitation, a temporary [bond),] bond, or other security and comprises either a certificated public security or an uncertificated public security evidencing a loan and, before , on or after May 12, 1983, is authorized by the state to be incurred by a public body.
Sec. 23 NRS 349.120 is hereby amended to read as follows:
349.120 1. For each biennium, [shall] must be provided by direct legislative appropriation from the state general fund sufficient in amount to meet the bond interest and redemption requirements of the State of Nevada, as designated by the various issues of bonds for which the faith of the State of Nevada has been or may hereafter be pledged. The amount [shall] must be determined by the legislature from time to time so as to effectuate the purposes of NRS 349.080 to 349.140, inclusive.
2. All moneys so appropriated [shall] must be placed in the consolidated bond interest and redemption fund. All moneys so appropriated and placed are hereby expressly set apart and appropriated [for the purpose of discharging] to discharge the obligations of the State of Nevada for bond interest and redemption of bonds issued [prior to and] before, on or after March 28, 1939.
Sec. 24 NRS 349.590 is hereby amended to read as follows:
349.590 Before financing a project pursuant to subsection 2 of NRS 349.580, the director and the state board of finance must also:
1. Determine the total amount of money necessary to be provided by the director for financing the project.
2. Receive a 5-year operating history from the contemplated lessee, purchaser or other obligor or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued.
3. Consider whether the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments has received within the 12 months preceding the date of the findings of the director, or then has or has not in effect, a rating within one of the top four rating categories of either Moody's [Investor] Investors Service, Inc. , or Standard and Poor's [Corporation.] Ratings Services.
4. Identify any existing facilities of a like nature within the area to be served by the project and consider what the competitive effect of the project would be on the existing facilities.
5. Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.
6. Consider whether the lessee, purchaser, other obligor or other enterprise of the project has maintained facilities appropriate to the community in [Nevada] this state for 10 years or longer.
Sec. 25 NRS 354.580 is hereby amended to read as follows:
354.580 "Trust [and] or agency fund" means a fund used to account for assets held by a governmental unit as a trustee or an agent for persons, private organizations, other governmental units, other funds or any combination of them. The term includes an expendable trust fund, a nonexpendable trust fund or a pension trust fund.
Sec. 26 NRS 354.624 is hereby amended to read as follows:
354.624 1. Each local government shall provide for an annual audit of all of its:
(a) Funds;
(b) Account groups; and
(c) Separate accounts established pursuant to NRS 354.603.
A local government may provide for more frequent audits as it deems necessary. Except as otherwise provided in subsection 2, each annual audit must be concluded and the report of the audit submitted to the governing body as provided in subsection 5 not later than 5 months after the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for an extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause the audit to be made at the expense of the local government. All audits must be made by a public accountant certified or registered or by a partnership or professional corporation registered [under the provisions of] pursuant to chapter 628 of NRS.
2. The annual audit of a school district must be concluded and the report submitted to the board of trustees as provided in subsection 5 not later than 4 months after the close of the fiscal year for which the audit is conducted.
3. The governing body may, without requiring competitive bids, designate the auditor or firm annually. The auditor or firm must be designated not later than 3 months before the close of the fiscal year for which the audit is to be made.
4. Each annual audit must cover the business of the local government during the full fiscal year. It must be a financial audit conducted in accordance with generally accepted auditing standards, including comment on compliance with statutes and regulations, recommendations for improvements and any other comments deemed pertinent by the auditor, including his expression of opinion on the financial statements. The form of the financial statements must be prescribed by the department of taxation, and the chart of accounts must be as nearly as possible the same as that used in the preparation and publication of the annual budget. The report of the audit must include:
(a) A schedule of all fees imposed by the local government which were subject to the provisions of NRS 354.5989;
(b) A comparison of operations of the local government with the approved budget and a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous reports have been acted upon by adoption as recommended, adoption with modifications or rejection; and
(c) A statement from the auditor indicating whether each of the following funds established by the local government is being used expressly for the purposes for which it was created, in the form required by NRS 354.6241:
(1) An enterprise fund.
(2) An internal service fund.
(3) A trust [and] or agency fund.
(4) A self-insurance fund.
(5) A fund whose balance is required by law to be:
(I) Used only for a specific purpose other than the payment of compensation to a bargaining unit, as defined in NRS 288.028; or
(II) Carried forward to the succeeding fiscal year in any designated amount.
5. The recommendations and the summary of the narrative comments contained in the report of the audit must be read in full at a meeting of the governing body held not more than 30 days after the report is submitted to it. Immediately thereafter, the entire report, together with any related letter to the governing body required by generally accepted auditing standards or by regulations adopted pursuant to NRS 354.594, must be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The department of taxation; and
(d) In the case of a school district, the department of education.
6. The governing body shall act upon the recommendations of the report of the audit within 3 months after receipt of the report, unless prompter action is required concerning violations of law or regulation, by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.
Sec. 27 NRS 361B.170 is hereby amended to read as follows:
361B.170 1. Except as otherwise provided in subsections 2 and 3, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved [under] pursuant to chapter 274 of NRS, [for the purpose of creating] to create a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, including , without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.
2. The right of way property of a railroad company which is under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.
3. The taxable property of a tax increment area must not be included in any subsequently created tax increment area until at least 50 years after the effective date of creation of the first tax increment area in which the property was included.
Sec. 28 NRS 394.241 is hereby amended to read as follows:
394.241 1. An elementary or secondary educational institution must be maintained and operated, or a new institution must demonstrate that it can be maintained and operated, in compliance with the following minimum standards:
(a) The quality and content of each course of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.
(b) The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.
(c) The education and experience qualifications of directors, administrators, supervisors and instructors reasonably [insure] ensure that the students will receive education consistent with the objectives of the course or program of study.
(d) The institution provides pupils and other interested persons with a catalog or brochure containing information describing the grades or programs offered, program objectives, length of school year or program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and such other material facts concerning the institution as are reasonably likely to affect the decision of the parents or pupil to enroll in the institution, together with any other disclosures specified by the superintendent or defined in the regulations of the board, and the information is provided to parents or prospective pupils [prior to] before enrollment.
(e) Upon satisfactory completion of training or instruction, the pupil is given appropriate educational credentials by the institution indicating that the course of instruction or study has been satisfactorily completed.
(f) Adequate records are maintained by the institution to show attendance, progress and performance.
(g) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including regulations adopted relative to the safety and health of all persons upon the premises.
(h) The institution is financially sound and capable of fulfilling its commitments.
(i) Neither the institution nor its agents engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.
(j) The chief executive officer, trustees, directors, owners, administrators, supervisors, staff, instructors and agents are of good reputation and character.
(k) The pupil housing owned, maintained or approved by the institution, if any, is appropriate, safe and adequate.
(l) The institution has a fair and equitable cancellation and refund policy.
2. Accreditation by national or regional accrediting agencies recognized by the United States [Office] Department of Education may be accepted as evidence of compliance with the minimum standards established [under] pursuant to this section. Accreditation by a recognized, specialized accrediting agency may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by [such] the agency if the institution as a whole is not accredited.
Sec. 29 NRS 398.185 is hereby amended to read as follows:
398.185 1. Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent [men] persons in the conduct of their affairs.
2. The laws of this state relating to privilege must be observed in all proceedings.
3. Objections to evidentiary matters may be made and must be noted in the record of a proceeding.
4. Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.
Sec. 30 NRS 398.225 is hereby amended to read as follows:
398.225 1. A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.
2. Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence [which is] that:
(a) Is of the type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs ; and [which has]
(b) Has been submitted and received in a hearing held and conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.
3. Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.
Sec. 31 NRS 405.191 is hereby amended to read as follows:
405.191 As used in NRS 405.193 and 405.195, "public road" includes:
1. A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.
2. Any way which exists upon a right of way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before , on or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights of way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right of way pursuant to former 43 U.S.C. § 932.
3. Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.
Sec. 32 NRS 412.562 is hereby amended to read as follows:
412.562 Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this code may be guilty [shall] must be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, sexual assault, larceny and wrongful appropriation for value of $100 and over, robbery, [maiming, sodomy,] mayhem, arson, extortion, assault, burglary , [or] invasion of the home [,] or the infamous crime against nature, jurisdiction of which is reserved to civil courts, except as otherwise provided in NRS 412.322.
Sec. 33 NRS 422.297 is hereby amended to read as follows:
422.297 In any hearing held pursuant to the provisions of subsection 2 of NRS 422.294:
1. Irrelevant, immaterial or unduly repetitious evidence must be excluded. Unless it is privileged [under] pursuant to chapter 49 of NRS, evidence, including , without limitation, hearsay, may be admitted [,] if it is of a type commonly relied upon by reasonable and prudent [men] persons in the conduct of their affairs. Objections to evidentiary offers may be made. Subject to [these requirements,] the requirements of this subsection, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.
3. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues [even though] whether or not the matter was [not] covered in the direct examination, impeach any witness , regardless of which party first called him to testify, and rebut the evidence against him.
Sec. 34 NRS 439.360 is hereby amended to read as follows:
439.360 The county board of health [shall have the power:
1. To abate ] may:
1. Abate nuisances in accordance with law.
2. [To establish] Establish and maintain an isolation hospital or quarantine station when necessary.
3. [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] that is dangerous to the public health.
4. [To appoint] Appoint quarantine officers when necessary to enforce quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available , [;] but each patient shall, if he is able, pay for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the board of county [commission, to] commissioners, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from [such] the board pursuant to a law of this state [law] or an ordinance adopted by any political subdivision [.] of this state. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the licensing and permit procedures and investigations related thereto and not for general revenue purposes.
Sec. 35 Chapter 447 of NRS is hereby amended by adding thereto the provisions set forth as sections 49 and 50 of this act.
Sec. 36 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 447.010 and section 47 of this act have the meanings ascribed to them in those sections.
Sec. 37 "Health authority" means:
1. The officers and agents of the health division of the department of human resources; or
2. The officers and agents of the local boards of health.
Sec. 38 NRS 447.010 is hereby amended to read as follows:
447.010 [Every] "Hotel" means every building or structure kept as, used as, maintained as, or held out to the public to be, a place where sleeping or rooming accommodations are furnished to the transient public, whether with or without meals [, shall, for the purpose of this chapter, be deemed to be a hotel; and whenever the word "hotel" shall occur in this chapter it shall be deemed to include] , including, without limitation, a lodginghouse or rooming house where transient trade is solicited.
Sec. 39 NRS 447.145 is hereby amended to read as follows:
447.145 1. In every hotel and any other type of transient lodging establishment , the heating and ventilating systems [shall] must be constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.
2. Faultily constructed or installed heating and ventilating systems in hotels and other types of transient lodging establishments constructed [prior to] before July 1, 1957, [shall] must be reconstructed, repaired or replaced upon order of the health authority whenever the continued operation of the faultily constructed or installed heating and ventilating systems will result in detriment to the health and life of the occupants of the building.
3. The [state board of health or local board of health is authorized to] health authority may adopt rules, regulations and codes governing the construction, installation and operation of heating and ventilating systems in hotels and other types of transient lodging establishments.
Sec. 40 NRS 458.420 is hereby amended to read as follows:
458.420 The commission shall:
1. Develop and coordinate a state master plan [which] that must include [:] , without limitation:
(a) All existing and future plans and reports developed by state and local agencies, task forces, councils, committees and community programs for substance abuse education, prevention, enforcement and treatment;
(b) A summary of the current activities of the commission;
(c) The goals and objectives of the commission;
(d) The order of priority concerning the efforts required to achieve the goals and objectives of the commission; and
(e) A statement of the roles of state and local governmental agencies and the private sector in the achievement of the goals and objectives of the commission.
2. Prepare and deliver to the governor on or before September 1 of each year a report [which] that summarizes the status of the state master plan and of the [commission's] efforts of the commission to achieve its goals and objectives.
3. Hold and coordinate public hearings throughout the state as are necessary to receive information from the public relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and the enforcement of laws relating to drugs and alcohol.
4. Encourage the creation of state and local task forces, councils and committees relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol and develop procedures to receive information and recommendations from the task forces, councils and committees on a regular basis.
5. Recommend to the governor in its annual report any proposed legislation relating to education concerning the abuse of drugs and alcohol, prevention and treatment of the abuse of drugs and alcohol and enforcement of laws relating to drugs and alcohol.
6. Collect, evaluate and disseminate information concerning the performance of the programs for substance abuse education, prevention, enforcement and treatment.
7. Disseminate information concerning any new developments in research or programs for substance abuse education, prevention, enforcement and treatment.
8. Establish a program to recognize publicly persons and programs that have helped to prevent and treat the abuse of drugs and alcohol and enforce laws relating to drugs and alcohol in this state.
9. Disseminate information concerning the provisions of NRS 62.226 and 62.227 with the assistance of the department of [human resources,] employment, training and rehabilitation, the department of motor vehicles and public safety , and the superintendent of public instruction.
Sec. 41 NRS 459.707 is hereby amended to read as follows:
459.707 1. The division shall not issue to any common, contract or private motor carrier of property who is seeking to transport radioactive waste upon the highways of this state a permit required pursuant to NRS 459.705 without first obtaining the approval of the public service commission of Nevada.
2. The public service commission of Nevada shall not approve the issuance of such a permit unless it determines that the carrier transporting the waste complies and will continue to comply with all laws and regulations of this state and the Federal Government respecting the handling and transport of radioactive waste and the safety of drivers and vehicles.
3. The division shall revoke a permit to transport radioactive waste issued pursuant to NRS 459.705 if it finds that, while transporting radioactive waste, the carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles.
4. The division shall notify the public service commission of Nevada upon receiving information that, while transporting radioactive waste, a carrier has failed to comply with any laws or regulations of this state or the Federal Government respecting the handling or transport of radioactive waste and the safety of drivers or vehicles. Upon being notified, the public service commission of Nevada may:
(a) Revoke a certificate issued pursuant to chapter 706 of NRS; or
(b) In the case of a carrier whose certificate is issued by the [Interstate Commerce Commission,] Surface Transportation Board, file a complaint with that commission.
Sec. 42 NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as otherwise provided in this section, every motor vehicle, except [one which] for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, or which is a motor vehicle with a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.
2. Every vehicle registered by an agent of the department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
3. Upon the application of the owner of a fleet of vehicles, the director may permit him to register his fleet on the basis of a calendar year.
4. When the registration of any vehicle is transferred pursuant to the provisions of NRS 482.3667, 482.379 or 482.399, the expiration date of [a] each regular license plate , [or plates, collegiate license plate or plates, commemorative license plate or plates,] special license plate [or plates] or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:
(a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or
(b) The day after the transfer in all other cases,
and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed [according] pursuant to the applicable provisions of NRS 482.3667, 482.379 and 482.399.
Sec. 43 NRS 483.160 is hereby amended to read as follows:
483.160 1. "School bus" means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
2. "School bus" does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 44 NRS 483.205 is hereby amended to read as follows:
483.205 When the [director of the department] administrator considers it necessary to obtain assistance for the department in determining the physical or mental ability of a person to operate a motor vehicle, the [director,] administrator, assisted by the state health officer, may appoint a medical board consisting of three members to render such assistance.
Sec. 45 NRS 484.148 is hereby amended to read as follows:
484.148 1. "School bus" means every motor vehicle owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
2. "School bus" does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada when such a vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 46 NRS 484.229 is hereby amended to read as follows:
484.229 1. Except as otherwise provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the accident, forward a written report of the accident to the department. Whenever damage occurs to a motor vehicle, the operator shall attach to the accident report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this state, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The department may require the driver or owner of the vehicle to file supplemental written reports whenever the original report is insufficient in the opinion of the department.
2. A report is not required from any person if the accident was investigated by a law enforcement agency and the report of the investigating officer contains:
(a) The name and address of the insurance company providing coverage to each person involved in the accident;
(b) The number of each policy; and
(c) The dates on which the coverage begins and ends.
3. The driver of a vehicle subject to the jurisdiction of the [Interstate Commerce Commission] Surface Transportation Board or the public service commission of Nevada need not submit in his report the information requested pursuant to subsection 3 of NRS 484.247 until the 10th day of the month following the month in which the accident occurred.
4. A written accident report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of his incapacity. Whenever the driver is physically incapable of making a written report of an accident as required in this section and he is not the owner of the vehicle, the owner shall , within 10 days after knowledge of the accident , make the report not made by the driver.
5. All written reports required in this section to be forwarded to the department by drivers or owners of vehicles involved in accidents are without prejudice to the person so reporting and are for the confidential use of the department or other state agencies having use of the records for accident prevention, except that the department may disclose to a person involved in an accident or to his insurer the identity of another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The department may also disclose the name of his insurer and the number of his policy.
6. [No] A written report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of an accident except that the department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department in compliance with law, and, if the report has been made, the date, time and location of the accident, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.
Sec. 47 NRS 534.050 is hereby amended to read as follows:
534.050 1. Except as otherwise provided in subsection 2 [,] and NRS 534.180, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter [shall] , must first make application to and obtain from the state engineer a permit to appropriate the water, [in accordance with] pursuant to the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.
2. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1:
(a) For exploratory wells to be drilled to determine the availability of water or the quality of available water;
(b) To allow temporary use of the water in constructing a highway or exploring for oil, gas, minerals or geothermal resources; or
(c) For wells to be drilled in shallow ground water systems and pumped to alleviate potential hazards to persons and property resulting from the rise of ground water caused by secondary recharge. If practical, approved by the state engineer and consistent with this chapter and chapter 533 of NRS, the withdrawn water must be used for some other beneficial use.
3. In other basins or portions of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the state engineer, [in accordance with] pursuant to the provisions of chapter 533 of NRS, a permit to appropriate the water.
4. Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow temporary use of water in constructing a highway or exploring for oil, gas, minerals or geothermal resources.
5. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.
Sec. 48 NRS 539.060 is hereby amended to read as follows:
539.060 1. The name of any district organized after July 1, 1919, [under] pursuant to this chapter [shall] must contain either the words "irrigation district," "water conservation district," "water conservancy district" or "water improvement district."
2. Any district organized and existing [prior to] before, on or after July 1, 1919, the name of which [shall] must include the words "irrigation district," may change its name by substituting for the word "irrigation" either the words "water conservation," "water conservancy" or "water improvement," or may change the entire name or designation of the district by filing with the board of county commissioners, with which the original petition was filed for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of the board at a regular meeting thereof providing for such a change of name . [; and thereafter all] All proceedings of such a district [shall] must be had under [such] the changed name, but all existing obligations and contracts of the district entered into under its former name [shall] must remain outstanding without change and with the validity thereof unimpaired and unaffected by [such] the change of name.
Sec. 49 NRS 616B.155 is hereby amended to read as follows:
616B.155 1. Subject only to the limitations of NRS 616B.152 and not in any way subject to the limitations of NRS 616B.143, the manager may invest and reinvest the money in the funds of the system in securities and stock recommended by investment counsel whether or not the securities or stock are expressly authorized or qualify [under] pursuant to chapters 616A to 616D, inclusive, of NRS if, in the opinion of the investment counsel, the investment conforms to the overall investment objectives of the system subject to the standard as set forth in [the following subsection, and provided that] subsection 2, and if the aggregate of the investments [under] pursuant to this section at cost does not exceed 10 percent of the assets.
2. In investing in securities and stock [under] pursuant to this section for the system, investment counsel shall exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their [funds] money considering the probable income as well as the probable safety of their capital. Within the limitation of the foregoing standard there may be acquired and retained as investments of the system [under] pursuant to this section every kind of investment which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.
Sec. 50 NRS 630A.170 is hereby amended to read as follows:
630A.170 1. The board shall procure a seal.
2. [In addition to the requirements of NRS 630A.300, all] All licenses and certificates issued by the board must bear the seal of the board and the signatures of its president and secretary-treasurer.
Sec. 51 NRS 649.049 is hereby amended to read as follows:
649.049 The collection agency advisory board may make recommendations to the legislature concerning the enactment of any legislation it deems necessary or appropriate relating to collection agencies.
Sec. 52 NRS 652.240 is hereby amended to read as follows:
652.240 1. A laboratory which was in operation in this state on January 1, 1967, is not required to be licensed pursuant to this chapter before January 1, 1972, but may apply for a license before that date. Unless such a laboratory is so licensed, the health division shall not include it in the registration list of laboratories meeting the minimum standards and qualifications of this chapter.
2. A person who was operating a laboratory in this state on January 1, 1967, may continue to do so or may be employed in a laboratory before , on or after July 1, 1972, without qualifying as a laboratory director or pursuant to any rules pertaining to technical personnel. A person who was employed in a laboratory in this state on January 1, 1967, may be employed in a laboratory before , on or after January 1, 1972, without qualifying pursuant to any rules pertaining to technical personnel.
Sec. 53 NRS 658.165 is hereby amended to read as follows:
658.165 1. Except as otherwise provided in subsections 3 and 4, an officer or employee of the division of financial institutions shall not be directly or indirectly interested in or act on behalf of any bank chartered by this state, receive, directly or indirectly, any payment from any such bank, be indebted to any state bank, engage in the negotiation of loans for others with any such bank or obtain credit or services from a state bank conditioned upon a fraudulent practice or undue or unfair preference over other customers.
2. An employee of the division of financial institutions in the unclassified service of the state shall not obtain new extensions of credit from a state bank while in office.
3. Any officer or employee of the division of financial institutions may be indebted to a bank on the same terms as are available to the public generally upon:
(a) A mortgage loan upon his own real property.
(b) A secured installment debt.
(c) An unsecured debt.
4. Any officer or employee of the division of financial institutions may establish and maintain deposits with banks to the greatest amount insured, receive interest on those deposits and borrow money secured by a pledge of those deposits.
5. If an officer or employee of the division of financial institutions has a service, a preferred consideration, an interest or a relationship prohibited by this section at the time of his appointment or employment, or obtains it during his employment, he shall terminate it within 120 days after the date of his appointment or employment or the discovery of the prohibited act.
Sec. 54 NRS 673.212 is hereby amended to read as follows:
673.212 Directors and officers of an association shall be deemed to stand in a fiduciary relation to the association and shall discharge the duties of their respective positions in good faith and with [that] the diligence, care and skill which ordinary, prudent [men] persons would exercise under similar circumstances in [like] a similar position.
Sec. 55 NRS 678.440 is hereby amended to read as follows:
678.440 Directors and officers of an association shall be deemed to stand in a fiduciary relation to the credit union and shall discharge the duties of their respective positions in good faith and with [that] the diligence, care and skill which ordinary, prudent [men] persons would exercise under similar circumstances in [like] similar positions.
Sec. 56 NRS 681B.240 is hereby amended to read as follows:
681B.240 1. Every opinion must:
(a) Be submitted with the annual statement reflecting the valuation of reserve liabilities for each year ending on or [before] after December 31, 1996.
(b) Apply to all business in force including , without limitation, individual and group health insurance plans, in form and substance acceptable to the commissioner as specified by regulation.
(c) Be based on standards adopted from time to time by the Actuarial Standards Board or a successor organization approved by the commissioner and on such additional standards as the commissioner may by regulation prescribe.
2. In the case of an opinion required to be submitted by a foreign or alien company, the commissioner may accept the opinion filed by that company with the commissioner of insurance of another state if he determines that the opinion reasonably meets the requirements applicable to an insurer domiciled in this state.
Sec. 57 NRS 687B.040 is hereby amended to read as follows:
687B.040 1. Any [individual] natural person of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person. But [no] a person shall not procure or cause to be procured any insurance contract upon the life or body of another individual unless the benefits under [such] the contract are payable to the [individual] person insured or his personal representatives, or to a person having, at the time when [such] the contract was made, an insurable interest in the [individual] person insured.
2. If the beneficiary, assignee or other payee under any contract made in violation of this section receives from the insurer any benefits thereunder accruing upon the death, disablement or injury of the [individual] person insured, the [individual] person insured or his executor or administrator, as the case may be, may maintain an action to recover such benefits from the person so receiving them.
3. As used in this section, "insurable interest" as to such personal insurance means that every [individual] person has an insurable interest in the life, body and health of himself, and of other persons as follows:
(a) In the case of [individuals] persons related closely by blood or by law, a substantial interest engendered by love and affection; and
(b) In the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the [individual] person insured continue, as distinguished from an interest which would arise only by, or would be enhanced in value by, the death, disablement or injury of the [individual] person insured.
4. [An individual, prior to] Before, on or after January 1, 1972, an individual party to a contract or option for the purchase or sale of an interest in a business partnership or firm, or of shares of stock of a corporation or of an interest in such shares, has an insurable interest in the life, body and health of each individual party to [such] the contract and for the purposes of [such] the contract only, in addition to any insurable interest which may otherwise exist as to [such individual.] the person.
5. An insurer [shall be] is entitled to rely upon all statements, declarations and representations made by an applicant for insurance relative to the insurable interest of the applicant in the insured . [; and no insurer shall] An insurer does not incur legal liability except as otherwise set forth in the policy, by virtue of any untrue statements, declarations or representations so relied upon in good faith by the insurer.
Sec. 58 NRS 687B.160 is hereby amended to read as follows:
687B.160 1. Every insurance policy [shall] must be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee or representative duly authorized by the insurer.
2. A facsimile signature of any such executing individual may be used in lieu of an original signature.
3. [No] An insurance contract issued [prior to] before, on or after January 1, 1972, [and] which is otherwise valid [shall be] is not rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.
Sec. 59 NRS 687B.210 is hereby amended to read as follows:
687B.210 1. Whenever the proceeds of or payments under a life or health insurance policy or annuity contract issued [prior to] before, on or after January 1, 1972, become payable in accordance with the terms of [such] the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance therewith or in accordance with any written assignment thereof, the person then designated as being entitled thereto is entitled to receive the proceeds or payments and to give full acquittance therefor, and the payments fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that the other person claims to be entitled to the payment or some interest in the policy or contract.
2. This section also applies to contracts issued by organizations for dental care and nonprofit hospital, medical and dental service corporations.
Sec. 60 NRS 687B.260 is hereby amended to read as follows:
687B.260 1. If a policy of insurance, whether issued [prior to] before, on or after January 1, 1972, is effected by any person on his own life, or on another life, in favor of a person other than himself, or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance or executors or administrators of [such] the insured or the person so effecting such insurance, [shall be] is entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured or to the executors or administrators of such person if the beneficiary or assignee predeceases [such person. Such] the person. Except as otherwise provided in this subsection, such proceeds and avails [shall be] are exempt from all liability for any debt of the beneficiary existing at the time the proceeds and avails are made available for his use . [; but subject] Subject to the statute of limitations, the amount of any premiums for such insurance paid with intent to defraud creditors, with interest thereon, [shall inure to their] inures to the benefit of the creditors from the proceeds of the policy. The insurer issuing the policy [shall be] is discharged of all liability thereon by payment of its proceeds in accordance with its terms, unless, before [such] the payment, the insurer has received written notice at its home office, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specification of the amount claimed along with such facts as will assist the insurer to ascertain the particular policy.
2. For the purposes of subsection 1, a policy shall also be deemed to be payable to a person other than the insured if and to the extent that a facility-of-payment clause or a similar clause in the policy permits the insurer to discharge its obligation after the death of the individual insured by paying the death benefits to a person as permitted by such a clause.
3. This section does not apply to insurance issued pursuant to this code to a creditor covering his debtors [,] to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.
Sec. 61 NRS 687B.270 is hereby amended to read as follows:
687B.270 1. Except as [may otherwise be] otherwise expressly provided by the policy or contract, the proceeds and avails of all contracts of health insurance and of provisions providing benefits on account of the [insured's] disability of the insured which are supplemental to life insurance or annuity contracts effected [prior to] before, on or after January 1, 1972, [shall be] are exempt from all liability for any debt of the insured, and from any debt of the beneficiary existing at the time the proceeds are made available for his use.
2. This section does not apply to insurance issued pursuant to this code to a creditor covering his debtors [,] to the extent that such proceeds are applied to payment of the obligation for the purpose of which the insurance was so issued.
Sec. 62 NRS 688B.180 is hereby amended to read as follows:
688B.180 1. If a policy dividend is declared after January 1, 1972, or a reduction in rate is made after January 1, 1972, or continued for the first or any subsequent year of insurance under any policy of group life insurance issued before , on or after January 1, 1972, to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such a policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from [funds] money contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, [shall] must be applied by the policyholder for the sole benefit of insured employees or members.
2. This section does not apply to debtor groups.
Sec. 63 NRS 689.315 is hereby amended to read as follows:
689.315 1. The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the commissioner.
2. The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.
3. The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.
4. Except as otherwise provided in NRS 689.150 to 689.375, inclusive, or the trust agreement approved in writing by the commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.
Sec. 64 NRS 689.560 is hereby amended to read as follows:
689.560 1. The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the commissioner.
2. The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.
3. The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which [men] persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which [men] persons of prudence, discretion and intelligence acquire or retain for their own account.
4. Except as otherwise provided in NRS 689.450 to 689.595, inclusive, or the trust agreement approved in writing by the commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall [make no other] not make any payment or disbursement from the trust fund.
Sec. 65 NRS 689B.060 is hereby amended to read as follows:
689B.060 1. Any contract of group health insurance may provide for the readjustment of the rate of premium based upon the experience thereunder. If a policy dividend is declared after January 1, 1972, or a reduction in rate is made after January 1, 1972, or continued for the first or any subsequent year of insurance under any policy of group health insurance issued [prior to] before, on or after January 1, 1972, to any policyholder, the excess, if any, of the aggregate dividends or rate reductions under such a policy and all other group insurance policies of the policyholder over the aggregate expenditure for insurance under such policies made from [funds] money contributed by the policyholder, or by an employer of insured persons, or by a union or association to which the insured persons belong, including expenditures made in connection with administration of such policies, [shall] must be applied by the policyholder for the sole benefit of insured employees or members.
2. This section does not apply as to debtor groups.
Sec. 66 NRS 693A.030 is hereby amended to read as follows:
693A.030 1. Except as otherwise provided in subsections 2, 3 and 4, [no] a domestic insurer formed [prior to] before, on or after January 1, 1972, shall not engage in any business other than the insurance business and in business activities reasonably and necessarily incidental to [such] the insurance business.
2. A title insurer may also engage in business as an escrow agent.
3. Any insurer may also engage in business activities reasonably related to the management, supervision, servicing of and protection of its interests as to its lawful investments, and to the full utilization of its facilities.
4. An insurer may own subsidiaries which may engage in such businesses as are provided for in NRS 682A.130 . [(stocks of subsidiaries).]
Sec. 67 NRS 694B.160 is hereby amended to read as follows:
694B.160 1. Individuals, partnerships and corporations of this state may make application, enter into an agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation organized under the laws of this state [prior to] before, on or after January 1, 1972, [shall,] in addition to the rights, powers and franchises specified in its articles of incorporation, [have] has full power and authority as a subscriber to exchange insurance contracts through such a reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations.
2. Government or governmental agencies, a state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are authorized in this chapter to exchange reciprocal interinsurance contracts.
3. Any officer, representative, trustee, receiver or legal representative of any such subscriber [shall] must be recognized as acting for or on its behalf for the purpose of such a contract but [shall] may not be personally liable upon [such] the contract by reason of acting in such a representative capacity.
Sec. 68 NRS 695C.030 is hereby amended to read as follows:
695C.030 As used in this chapter, unless the context otherwise requires:
1. ["Commissioner" means the commissioner of insurance.
2.] "Comprehensive health care services" means medical services, dentistry, drugs, psychiatric and optometric and all other care necessary for the delivery of services to the consumer.
[3.] 2. "Enrollee" means a natural person who has been voluntarily enrolled in a health care plan.
[4.] 3. "Evidence of coverage" means any certificate, agreement or contract issued to an enrollee setting forth the coverage to which he is entitled.
[5.] 4. "Health care plan" means any arrangement whereby any person undertakes to provide, arrange for, pay for or reimburse any part of the cost of any health care services and at least part of the arrangement consists of arranging for or the provision of health care services paid for by or on behalf of the enrollee on a periodic prepaid basis.
[6.] 5. "Health care services" means any services included in the furnishing to any natural person of medical or dental care or hospitalization or incident to the furnishing of such care or hospitalization, as well as the furnishing to any person of any other services for the purpose of preventing, alleviating, curing or healing human illness or injury.
[7.] 6. "Health maintenance organization" means any person which provides or arranges for provision of a health care service or services and is responsible for the availability and accessibility of such service or services to its enrollees, which services are paid for or on behalf of the enrollees on a periodic prepaid basis without regard to the dates health services are rendered and without regard to the extent of services actually furnished to the enrollees, except that supplementing the fixed prepayments by nominal additional payments for services in accordance with regulations adopted by the commissioner shall not be deemed to render the arrangement not to be on a prepaid basis. A health maintenance organization, in addition to offering health care services, may offer indemnity or service benefits provided through insurers or otherwise.
[8.] 7. "Provider" means any physician, hospital or other person who is licensed or otherwise authorized in this state to furnish health care services.
Sec. 69 NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization [under] pursuant to this chapter if he finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted [under] pursuant to NRS 695C.060, 695C.070 and 695C.140, unless amendments to those submissions have been filed with and approved by the commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive;
(c) The health care plan does not furnish comprehensive health care services as provided for in subsection [2] 1 of NRS 695C.030;
(d) The state board of health certifies to the commissioner that:
(1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or
(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs under NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or
(j) The health maintenance organization has otherwise failed to substantially comply with this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. When the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation whatsoever. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 70 NRS 704.190 is hereby amended to read as follows:
704.190 1. Every public utility operating in this state shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission, in such manner and within such time as the commission may prescribe. If in its judgment the public interest requires it, the commission may cause an investigation to be made forthwith of any accident, at such place and in such manner as the commission [shall deem] deems best.
2. Every such public utility shall report to the commission, at the time, in the manner and on such forms as the commission [shall] by its printed rules and regulations [prescribe,] prescribes, all accidents happening in this state and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.
3. The commission shall [promulgate and] adopt all reasonable rules and regulations necessary for the administration and enforcement of this section. [Such] The rules and regulations [shall] must in any event require that all accidents required to be reported [herein shall] pursuant to this section be reported to the commission at least once every calendar month by such officer or officers of the utility as the commission [shall direct.] directs.
4. The commission shall adopt and utilize all accident report forms, which forms [shall] must be so designed as to provide a concise and accurate report of the accident and which report [shall] must in any event show the true cause of the accident. The accident report forms adopted for the reporting of railroad accidents [shall] must be the same in design as near as may be as the railroad accident report forms provided and used by the [Interstate Commerce Commission.] Surface Transportation Board.
5. If any accident reported to the commission [shall be] is reported by the utility as being caused by or through the negligence of an employee and thereafter [such] the employee is absolved from such negligence by the utility and found not to be responsible for the accident, [such fact shall] that fact must be reported by the utility to the commission.
6. All accident reports [herein required shall] required pursuant to this section must be filed in the office of the commission and there preserved. Notwithstanding any other provisions of law, neither any accident report made as required by this chapter, nor any report of the commission made pursuant to any accident investigation made by it, [shall] may be open to public inspection or disclosed to any person, except upon order of the commission, nor [shall] may either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.
Sec. 71 NRS 705.425 is hereby amended to read as follows:
705.425 1. A state program for the physical preservation, in place, of property of lines of railroad, while service on such lines is discontinued, is hereby established to provide an alternative to actual abandonment.
2. The department of transportation shall determine whether a line of railroad is eligible for admission to the program. A rail line may be admitted if:
(a) The [Interstate Commerce Commission] Surface Transportation Board has approved the line for abandonment or discontinuance of service or the department of transportation has determined that the line is potentially subject to abandonment;
(b) The owners, operators and users of the line, the department of transportation and all counties and cities affected have agreed to the admission of the line to the program; and
(c) The owners and operators of the line agree to suspend service on the line for 5 years without removing or disposing of any of the trackage or other operating rail properties of the line, as an alternative to abandonment, to permit consideration by interested parties of means of preventing the ultimate abandonment of the line.
3. At the end of 5 years the department of transportation may grant an extension, admitting the line of railroad to the program for not more than 5 additional years, if, in the judgment of the director of the department of transportation:
(a) The line is still potentially subject to abandonment; and
(b) The extension will facilitate the restoration of service on the line.
4. The owner of a line of railroad which has been admitted to the program is entitled to an allowance for taxes on the trackage and other operating rail properties of the line admitted. The department of transportation shall provide to the department of taxation all information requested by the department of taxation to carry out the system of allowances for taxes on the operating property of lines admitted to the program.
Sec. 72 NRS 705.427 is hereby amended to read as follows:
705.427 The department of transportation may contract for the acquisition, by lease or purchase, and operation of trackage and other rail properties of lines of railroad which:
1. The [Interstate Commerce Commission] Surface Transportation Board has approved for abandonment or discontinuance of service; or
2. The director of the department of transportation has determined to be potentially subject to abandonment,
for the purpose of maintaining existing freight service or providing for such service in the future, but no such contract may require the expenditure of state money unless previously authorized by the legislature.
Sec. 73 NRS 706.171 is hereby amended to read as follows:
706.171 1. The commission and the department may:
(a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.
(b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the [Interstate Commerce Commission,] Surface Transportation Board, any other agency of the Federal Government, or the National Association of Regulatory Utility Commissioners.
(c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.
(d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any fully regulated carrier, and of any other common, contract or private motor carrier doing business in this state to the extent necessary for their respective duties. The commission and the department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.
(e) Temporarily waive any requirement for a certificate or permit when an emergency exists as defined in NRS 706.561.
2. No personnel records of an employee of a fully regulated carrier, or of any other common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the commission and the department determine that the examination is required to protect the interests of the public.
3. The department may adopt regulations to ensure the payment of any fee due or authorized [under] pursuant to the provisions of this chapter.
4. As used in this section, "personnel records" does not include:
(a) The name of the employee who is the subject of the record;
(b) The gross compensation and perquisites of the employee;
(c) Any record of the business expenses of the employee;
(d) The title or any description of the position held by the employee;
(e) The qualifications required for the position held by the employee;
(f) The business address of the employee;
(g) The telephone number of the employee at his place of business;
(h) The work schedule of the employee;
(i) The date on which the employee began his employment; and
(j) If applicable, the date on which the employment of the employee was terminated.
Sec. 74 NRS 630A.300 and 695A.008 are hereby repealed.
Sec. 75 1. This section and sections 1 to 3, inclusive, sections 5 to 13, inclusive, sections 15 to 19, inclusive, sections 21 to 29, inclusive, sections 33 to 87, inclusive, and section 89 of this act become effective upon passage and approval.
2. Sections 20, 30, 31 and 32 of this act become effective at 12:01 a.m. on July 1, 1997.
3. Sections 4 and 14 of this act become effective at 12:01 a.m. on October 1, 1997.
Sec. 89. In preparing the reprint of the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, and in the Nevada Administrative Code, the legislative counsel shall change any reference to:
1. "Reasonable man" to refer to "reasonable person".
2. "Reasonable men" to refer to "reasonable persons".
3. "Prudent man" to refer to "prudent person".
4. "Prudent men" to refer to "prudent persons".
5. "Man of prudence" to refer to "person of prudence".
6. "Men of prudence" to refer to "persons of prudence".
7. "Man of ordinary prudence" to refer to "person of ordinary prudence".
8. "Men of ordinary prudence" to refer to "persons of ordinary prudence".

TEXT OF REPEALED SECTIONS

630A.300Seal and signatures of officers of board.All licenses issued by the board must bear its seal and the signatures of its president and secretary-treasurer.
695A.008"Commissioner" defined."Commissioner" means the commissioner of insurance.
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