[Rev. 2/27/2019 1:39:30 PM]
κ1985 Statutes of Nevada, Page 985κ
Assembly Bill No. 532Committee on Ways and Means
CHAPTER 349
AN ACT making an appropriation from the state highway fund to the department of motor vehicles for deposit in the motor vehicle revolving account; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state highway fund to the department of motor vehicles the sum of $5,000 for deposit in the motor vehicle revolving account created pursuant to NRS 482.183.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 418Committee on Ways and Means
CHAPTER 350
AN ACT making an appropriation to the division of state parks of the state department of conservation and natural resources for vehicles and special equipment; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $189,986 to purchase vehicles and special equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 986κ
Assembly Bill No. 471Assemblymen Sedway and Bergevin
CHAPTER 351
AN ACT relating to alcoholic beverages; requiring a supplier to sell certain of those beverages to a wholesaler in this state at a price no higher than that charged to wholesalers in any other state; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A supplier who holds a certificate of compliance pursuant to NRS 369.430 or his agent shall not sell or offer to sell to a wholesaler licensed in this state any brand of liquor, excluding beer and wine, at a price which is higher than the lowest price at which that brand of liquor is being sold by that supplier or his agent to any wholesaler in any other state or the District of Columbia or to any state or agency of a state which owns or operates retail liquor stores.
2. For the purpose of this section, the lowest price is the price for the particular brand of liquor at the place of shipment adjusted to reflect:
(a) Any differentials in the price based on costs of delivery or other costs not related to the quality and proof of the liquor;
(b) Any excise taxes or fees for licenses imposed by any state or the District of Columbia; and
(c) Any discounts, rebates, allowances or other inducements offered or given to any wholesaler in any state or the District of Columbia or to any state or agency of a state which owns or operates retail liquor stores.
Sec. 3. 1. Each supplier applying for a certificate of compliance pursuant to NRS 369.430 shall, in addition to the application, file with the department:
(a) An affidavit stating that he will comply with the provisions of section 2 of this act; and
(b) A current schedule of prices for each brand and each size of container of liquor, excluding beer and wine, sold or offered for sale to wholesalers in this state.
2. The supplier shall file with the department on or before the 10th day of each month after the original schedule is filed a revised schedule showing any change made in those prices or a document stating that a change has not been made. Any increase in a price indicated in a revised schedule is effective 45 days after the date that schedule is filed.
3. Upon renewal of a certificate of compliance, the supplier shall file with the department a new schedule of prices, and the department may destroy all schedules previously filed by that supplier.
κ1985 Statutes of Nevada, Page 987 (CHAPTER 351, AB 471)κ
Sec. 4. If a supplier who holds a certificate of compliance:
1. Willfully fails to file the affidavit or any schedules required in section 3 of this act or willfully files a false affidavit or schedule;
2. Willfully sells or offers to sell any brand of liquor in violation of the affidavit or schedule filed pursuant to section 3 of this act; or
3. Refuses to sell liquor to a wholesaler licensed in this state because of the restrictions set forth in section 2 of this act,
the department may suspend the certificate for not more than 6 months or revoke it in the manner set forth in subsection 4 of NRS 369.430.
Sec. 5. Any supplier of liquor who holds a certificate of compliance pursuant to NRS 369.430 on July 1, 1985, shall, within 30 days after that date, file with the department of taxation the affidavit and schedule required in section 3 of this act.
________
Senate Bill No. 216Committee on Human Resources and Facilities
CHAPTER 352
AN ACT relating to postsecondary education; adding schools for driving to the authority of the commission; making administrative changes; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. A postsecondary educational institution is accredited if it has met the standards required by an accrediting body recognized by the United States Department of Education or by the Council on Postsecondary Accreditation.
Sec. 3. Driving school means a postsecondary educational institution that trains its students to drive motor vehicles as a vocation.
Sec. 4. The commission is the sole authority for licensing a postsecondary educational institution. Any person who operates or claims to operate such an institution must be licensed by the commission. The administrator may require any person who operates or claims to operate such an institution to furnish information which will allow the commission to determine whether a license is required.
Sec. 5. 1. Before a postsecondary educational institution employs or contracts with a person to occupy an administrative, financial or instructional position, or to act as an agent for the institution, the applicant must be certified by the department of education or arrange with the sheriff of the county in which the institution is located for an investigation of the applicants background, including a photograph, history of residences, employment and education, and the submission of his fingerprints to the Federal Bureau of Investigation.
κ1985 Statutes of Nevada, Page 988 (CHAPTER 352, SB 216)κ
residences, employment and education, and the submission of his fingerprints to the Federal Bureau of Investigation.
2. The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator.
3. The applicant shall pay the cost of the investigation.
Sec. 6. 1. The commission shall not issue a license to operate an institution which grants degrees until the institution has been evaluated by the commission. Each existing or new institution must be evaluated at least once, but the commission may require subsequent evaluations.
2. The chairman of the commission shall appoint a panel of evaluators for each institution composed of representatives of institutions or businesses which are directly affected by the program and persons who significantly contribute to the evaluation because of special knowledge. The administrator shall accompany the panel as an observer.
3. One hundred and twenty days before the meeting of the commission at which the issuance or renewal of a license will be considered, the panel of evaluators shall present to the administrator and to the institution a report specifying the extent to which the institution meets the standards established by the commission, and recommending:
(a) Issuance or renewal of the license with no qualifications;
(b) Issuance of a provisional license; or
(c) Revocation of the license.
4. The institutions response to the report must be received in the office of the administrator no later than 90 days before the meeting at which the license will be considered.
5. If the institutions response shows progress toward meeting the standards, or if the response furnishes information which indicates that the standards are being adhered to, the representatives of the panel of evaluators shall review the institution again to verify the response and incorporate it into their report. The panel of evaluators shall make a final report to the administrator no later than 45 days before the meeting at which the license will be considered.
6. The administrator may recommend that the commission accept the evaluation or that it reject the report. If the commission rejects the panels recommendation, it shall record the specific reason for doing so in its minutes.
Sec. 7. 1. The institution shall pay the per diem allowance and travel expenses allowed for state officers and employees generally, to the members of the panel of evaluators, the administrator and employees of the commission during their inspections of the institution and to the member of the panel who attends the meeting of the commission at which the license is discussed. The institution shall also pay the cost of preparing and printing the report of the panel.
2. Each claim for reimbursement of these expenses must be submitted to the administrator within 30 days after they are incurred. The administrator shall verify the claim and forward it to the institution. Within 30 days after its receipt, the institution shall issue a negotiable instrument which is payable to the claimant and send it to the administrator, who shall send it to the claimant.
κ1985 Statutes of Nevada, Page 989 (CHAPTER 352, SB 216)κ
Sec. 8. A postsecondary educational institution shall:
1. Provide students and other interested persons with a catalog or brochure containing information describing the programs offered, objectives of the program, length of the program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, policies concerning cancellations and refunds, and other material facts concerning the institution and the program or course of instruction which are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the administrator or defined in the regulations of the commission. The information must be provided before enrollment.
2. Provide each student who satisfactorily completes the training with appropriate educational credentials indicating:
(a) That the course of instruction or study has been satisfactorily completed by the student; and
(b) If the training does not lead to a degree, the number of hours of instruction required of the student to complete the training.
3. Maintain adequate records in this state to reflect attendance, progress and performance of each student.
4. Provide each student with a copy of the agreement to enroll, dated and signed by the student or his guardian.
Sec. 9. A postsecondary educational institution shall:
1. Post in a conspicuous place a notice supplied by the administrator stating that grievances may be submitted to the administrator for resolution.
2. Issue a receipt to all students, and retain a copy, for all money paid to the institution.
3. Submit an annual report to the commission on forms it supplies.
Sec. 10. A postsecondary educational institution:
1. Must be financially sound and capable of fulfilling its commitments to students.
2. Shall not engage in advertising, sales, collection, credit or other practices of any type which are false, deceptive, misleading or unfair.
3. Shall employ persons of good reputation and character.
Sec. 11. Accreditation may be accepted as evidence of compliance with the minimum standards established by the commission, or the administrator may require further evidence and make further investigation as in his judgment or the judgment of the commission may be necessary. Accreditation may be accepted as evidence of such compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.
Sec. 12. 1. A postsecondary educational institution which is not accredited must have a policy for cancellations and refunds which unless it is more lenient at least provides:
(a) When the school has substantially failed to furnish the instruction or services agreed upon in the enrollment agreement, the student must be refunded all money he has paid.
κ1985 Statutes of Nevada, Page 990 (CHAPTER 352, SB 216)κ
(b) When a student withdraws, cancels his enrollment or is expelled by the school, the school may charge the student:
(1) Before the start of instruction, a maximum of 5 percent of the cost of the course or program established in the agreement to enroll or $50, whichever is less.
(2) After the start of instruction and before completion of 25 percent of the course or program, a maximum of 50 percent of the cost of the course or program established in the agreement to enroll.
(3) Upon or after the completion of 25 percent of the course or program, the entire cost of the course or program established in the agreement to enroll.
(c) If a notice of withdrawal by the student is by certified letter or personal delivery, the date of withdrawal is the date of the postmark or delivery. If the school expels the student, the school must communicate with the student by certified mail or another equally effective and documented method, and inform him of the expulsion, the reason for it and the effective date of expulsion and retain evidence to that effect in its records.
(d) All money collected in excess of the amounts allowed in this subsection must be refunded to the student within 30 working days after withdrawal or expulsion.
2. Specific financial arrangements between the institution and the student about such educational items as use or purchase of books and equipment for individual use are not included in the policy for refund. Disputes will be resolved by the administrator on a case-by-case basis.
3. An accredited institution may use the policy for cancellations or refunds published by the body by which it was accredited.
Sec. 13. 1. A driving school:
(a) Must be located more than 200 feet from any office of the department of motor vehicles;
(b) Must have the equipment necessary to instruct students in the safe operation of motor vehicles and maintain the equipment in a safe condition; and
(c) Must have insurance in at least the following amounts:
(1) For bodily injury to or death of two or more persons in one accident, $40,000; and
(2) For damage to property in any one accident, $10,000.
2. The department of motor vehicles may review and approve or disapprove any application to issue, renew or revoke a license for a driving school. The department of motor vehicles may, at any time, inspect a licensed driving school and may recommend that its license be suspended or revoked. The administrator shall investigate and recommend to the commission the appropriate action.
Sec. 14. NRS 394.005 is hereby amended to read as follows:
394.005 As used in this chapter, and sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms in NRS 394.007 to 394.112, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 991 (CHAPTER 352, SB 216)κ
Sec. 15. NRS 394.098 is hereby amended to read as follows:
394.098 Postsecondary education [means the] is limited to education or educational services offered by an institution which is privately owned to persons who have completed or terminated their elementary and secondary education or who are beyond the age of compulsory school attendance for the attainment of academic, professional or vocational objectives.
Sec. 16. NRS 394.099 is hereby amended to read as follows:
394.099 Postsecondary education institution [means] is limited to an academic, vocational, technical, home study, business, professional or other school, college or university [,] which is privately owned, or any person offering [educational credentials or educational services, but does not include any institution established or maintained under the laws of this state, another state or the Federal Government at the public expense. It includes all school grades above the twelfth grade.] postsecondary education if he:
1. Is not licensed as a postsecondary educational institution by another federal or state agency;
2. Charges tuition, requires or requests donations or receives any consideration from a student;
3. Educates or trains persons who are not his employees; and
4. Educates or trains, or claims or offers to educate or train, students in a program leading toward:
(a) Employment at a beginning or advanced level;
(b) Educational credentials;
(c) Credits which are intended to be applied toward an educational credential awarded in another state which does not require the person to obtain a majority of the credits required in that state;
(d) Preparation for examinations for licensing in a profession or vocation; or
(e) Proficiency as an operator of motor vehicles,
but a branch or extension of a public or private postsecondary educational institution of another state, which is located in this state or which offers education in this state is a postsecondary educational institution.
Sec. 17. NRS 394.150 is hereby amended to read as follows:
394.150 1. In all private schools, colleges and universities located within this state, except those operated exclusively for employees of the Department of Defense of the Federal Government and their families, instruction [shall] must be given in the essentials of the Constitution of the United States and the constitution of the State of Nevada, including the origin and history of the constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 [shall] must be given during at least 1 year of the elementary, high school and college grades.
3. [No] A student in such schools [shall] must not receive a certificate or diploma of graduation without [previously] having passed [a satisfactory] an examination upon the constitutions.
κ1985 Statutes of Nevada, Page 992 (CHAPTER 352, SB 216)κ
Sec. 18. NRS 394.160 is hereby amended to read as follows:
394.160 1. Any person who [is charged with] has the duty, in a private school, college or university in this state, of giving instruction in the Constitution of the United States and the constitution of the State of Nevada must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.
2. The superintendent with respect to a private school or the administrator with respect to a private college or university may grant a reasonable time for compliance with the terms of this section.
Sec. 19. NRS 394.211 is hereby amended to read as follows:
394.211 The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:
1. Institutions exclusively offering instruction at any level of postsecondary education.
2. Institutions maintained by the state or any of its political subdivisions and supported by public funds.
3. Institutions exclusively offering religious or sectarian studies.
4. Institutions licensed [under the provisions of the Postsecondary Educational Authorization Act.] by the commission.
5. Institutions operated by or under the direct administrative supervision of the Federal Government.
6. Natural persons who instruct pupils in their homes or in the pupils own homes, if this is not the only instruction those pupils receive.
7. Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, which instruction is not operated for profit.
8. Institutions offering instruction solely in avocational and recreational areas.
9. Institutions or school systems in operation before July 1, 1975, as to courses of study approved by the board pursuant to NRS 394.130; but those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after that date. The official literature of an institution or school system describing the nature and purpose of the institution or school system as of June 30, 1975, is prima facie evidence of the nature and purpose on that date for the purposes of this chapter.
Sec. 20. NRS 394.411 is hereby amended to read as follows:
394.411 1. The commission shall adopt regulations governing the administration of [the Postsecondary Educational Authorization Act] NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act, and may adopt such other regulations [, not inconsistent with the constitution and laws of this state,] as are proper or necessary for the execution of the powers and duties conferred upon it by law.
κ1985 Statutes of Nevada, Page 993 (CHAPTER 352, SB 216)κ
2. The administrator shall execute, direct or supervise all administrative, technical and procedural activities [under the provisions of the Postsecondary Educational Authorization Act] for which he is responsible in accordance with the policies and regulations of the commission and subject to the commissions direction and control.
Sec. 21. NRS 394.421 is hereby amended to read as follows:
394.421 1. The commission shall [establish] :
(a) Establish minimum criteria [in conformity with NRS 394.450,] including quality of education, ethical and business practices, health and safety, and fiscal responsibility, which applicants for a license to operate, or for an agents permit, must meet before the license or permit may be issued and to continue the license or permit in effect. The criteria [shall be sufficient to effectuate the purposes of the Postsecondary Educational Authorization Act, but] must not unreasonably hinder legitimate educational innovation.
(b) Adopt regulations concerning the content of the agreement to enroll.
2. [The administrator shall:
(a) Receive, investigate as necessary and act upon applications for a license to operate postsecondary educational institutions and applications for agents permits.
(b) Maintain a list of postsecondary educational institutions licensed and agents permitted to operate in this state. The list must be available for the information of the public.
(c) Direct the technical and administrative activities of the commission.] The commission may:
(a) Issue, suspend or revoke a license, or a provisional license;
(b) Authorize a postsecondary educational institution to offer a degree in a specific subject; and
(c) Authorize a postsecondary educational institution to add vocational programs or degrees in specific subjects to its curriculum.
Sec. 22. NRS 394.430 is hereby amended to read as follows:
394.430 1. The administrator shall:
(a) Receive and investigate applications for a license.
(b) Receive, investigate and act upon:
(1) Applications for an agents permit or a renewal of a license or agents permit; and
(2) Changes in ownership or requirements for a degree.
(c) Recommend to the commission whether licensing is required.
2. The administrator may:
[1.] (a) With the approval of the commission, negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if in his judgment the agreements are or will be helpful in effectuating the purposes of [the Postsecondary Educational Authorization Act, but nothing] NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act. Nothing contained in any reciprocity agreement may limit the powers, duties and responsibilities of the administrator independently to investigate or act upon any application for a license to operate a postsecondary educational institution, or an application for issuance or renewal of any agents permit, or with respect to the enforcement of any provision of [the Postsecondary Educational Authorization Act,] this chapter, or any regulation promulgated [under it.
κ1985 Statutes of Nevada, Page 994 (CHAPTER 352, SB 216)κ
administrator independently to investigate or act upon any application for a license to operate a postsecondary educational institution, or an application for issuance or renewal of any agents permit, or with respect to the enforcement of any provision of [the Postsecondary Educational Authorization Act,] this chapter, or any regulation promulgated [under it.
2.] pursuant to it.
(b) Investigate, on his own initiative or in response to any complaint lodged with him, any person subject to, or reasonably believed by the administrator to be subject to, [its jurisdiction and in connection with an investigation:
(a)] the commissions jurisdiction. During an investigation he may:
(1) Subpena any persons, books, records or documents pertaining to the investigation;
[(b)] (2) Require answers in writing under oath to questions [propounded by the administrator; and
(c)] prepared by him or the commission; and
(3) Administer an oath or affirmation to any person.
A subpena issued by the administrator may be enforced by any district court of this state.
[3.] (c) Exercise other powers implied but not enumerated in this section [but in conformity with the provisions of the Postsecondary Educational Authorization Act] which are necessary in order to carry out [its provisions.] his duties.
Sec. 23. NRS 394.440 is hereby amended to read as follows:
394.440 1. The administrator may request from any department, division, board, bureau, commission or other agency of the state, and the latter agency shall provide [,] at no cost, any information which it possesses or expert witnesses whom it employs that will enable him to exercise properly his powers and perform his duties . [under the Postsecondary Educational Authorization Act.] If the witness or information is requested to aid the commission in deciding whether to issue or renew a license or to allow a postsecondary educational institution to add new programs or degrees, the administrator may require the institution making the application to pay to the witness the per diem allowance and travel expenses allowed for state officers and employees generally.
2. If no agency of the state possesses the information or expert knowledge which the commission finds is necessary to a determination of whether an applicant for the issuance or renewal of a license has complied with the minimum standards prescribed by the commission pursuant to law, the commission may consult with persons outside state government who have the requisite expert knowledge, and may require that the necessary cost of such consultation be paid by the institution whose application is under consideration.
Sec. 24. NRS 394.450 is hereby amended to read as follows:
394.450 [1.] A postsecondary 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:] shall ensure that:
κ1985 Statutes of Nevada, Page 995 (CHAPTER 352, SB 216)κ
can be maintained and operated, in compliance with the following minimum standards:] shall ensure that:
[(a)] 1. The quality and content of each vocational or academic course or program of instruction, training or study reasonably and adequately achieve the stated objective for which the course or program is offered.
[(b)] 2. The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality.
[(c)] 3. The education and experience [qualifications] of directors, administrators, supervisors and instructors reasonably [insure that] provide the students [will receive] with an education consistent with the objectives of the course or program of study.
[(d) The institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program or course of instruction as are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the administrator or defined in the regulations of the commission, and the information is provided to prospective students prior to enrollment.
(e) Upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course of instruction or study has been satisfactorily completed by the student.
(f) Adequate records and standards are maintained by the institution to reflect attendance, progress and performance.
(g)] 4. The institution is maintained and operated in compliance with all pertinent local ordinances and state laws, including regulations adopted pursuant thereto, relative to the safety and health of all persons upon the premises.
[(h) The institution is financially sound and capable of fulfilling its commitments to students.
(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 student]
5. The housing , if any, owned, maintained or approved by the institution [, if any,] for its students is appropriate, safe and adequate.
[(l) The institution has a fair and equitable cancellation and refund policy which provides students who cancel their enrollments during the first 25 percent of the course with a refund equal to 50 percent of the total tuition fee, or a proportionate amount of such total fee if the withdrawing student has not paid the total fee. Such institutions may, but are not required to, refund a greater percentage of the tuition fee or provide refunds for students who withdraw after completing more than the first 25 percent of the course.
κ1985 Statutes of Nevada, Page 996 (CHAPTER 352, SB 216)κ
are not required to, refund a greater percentage of the tuition fee or provide refunds for students who withdraw after completing more than the first 25 percent of the course.
(m) In the case of a degree-granting institution, it complies with the requirements of NRS 394.630.
2. Accreditation by national or regional accrediting agencies recognized by the United States Office of Education may be accepted as evidence of compliance with the minimum standards established under subsection 1, or the administrator may require further evidence and make further investigation as in his judgment or the judgment of the commission may be necessary. 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 the agency if the institution as a whole is not accredited.]
Sec. 25. NRS 394.460 is hereby amended to read as follows:
394.460 1. Each postsecondary educational institution [desiring to operate in this state] required to be licensed by the commission or requesting to add a new program or degree or to renew a license must apply to the administrator, upon forms provided by [the administrator.] him. The application must be accompanied by the [catalog or brochure published or proposed to be published by the institution. The application must also be accompanied by evidence of the required surety bond and payment of the fees required by law.] required fees.
2. After review of the application , [and] any other information required by the administrator and the report of the panel of evaluators, and an investigation of the applicant [,] if necessary, the commission shall grant or deny a license [to the applicant.] or grant a provisional license for a term specified by the commission. Before the expiration of a provisional license, the administrator shall inspect the institution, or the commission may require the appointment of a panel of evaluators to inspect the institution, and recommend whether to revoke or continue the provisional license or to grant an unqualified license. The commission may accept or reject the recommendation.
3. The license must state [in clear and conspicuous manner] at least the following information:
(a) The date of issuance, effective date and term of the license.
(b) The correct name , [and] address and owner of the institution.
(c) The [authority for approval and conditions of operation.] approved degrees or vocational subjects.
(d) Any limitation considered necessary by the commission.
4. The term for which [the] a license is given must not exceed 2 years. [A provisional license may be issued for a shorter period of time, and may include limitations considered necessary by the commission, if the administrator finds that the applicant has not fully complied with the standards established under NRS 394.450.] The license must be posted in a conspicuous place.
5. The license [to operate] must be issued to the owner or governing body of the [applicant] institution and is nontransferable. If a change is ownership of the institution occurs, the owner to whom the license was issued shall inform the administrator, and the new owner or governing body must, within 10 days after the change in ownership, apply for a [new license and if] approval of the change of ownership.
κ1985 Statutes of Nevada, Page 997 (CHAPTER 352, SB 216)κ
change is ownership of the institution occurs, the owner to whom the license was issued shall inform the administrator, and the new owner or governing body must, within 10 days after the change in ownership, apply for a [new license and if] approval of the change of ownership. If it fails to do so, the [institutions] license terminates. [Application for a new license by reason of change in ownership of the institution is, for purposes of NRS 394.490, an application for a license renewal.]
6. Within 10 days after a change of location or an addition of buildings or other facilities, the institution must file a notice of the change with the administrator.
7. At least 60 days [prior to] before the expiration of a license , [to operate,] the institution must complete and file with the administrator an application [form] for renewal of its license. [The renewal application shall be reviewed and acted upon by the administrator in the manner provided in this section.]
Sec. 26. NRS 394.470 is hereby amended to read as follows:
394.470 1. Each person desiring to solicit or perform the services of an agent in this state must apply to the administrator upon forms provided by the administrator. The application must be accompanied by evidence of the good reputation and charter of the applicant, in a form prescribed by the administrator, include a copy of the application for an investigation of his background by the sheriff, and [must] state the institution which the applicant intends to represent. An agent representing more than one institution must obtain a separate agents permit for each institution represented, except that when an agent represents institutions having a common ownership, only one agents permit is required with respect to the institutions. If any institution which the applicant intends to represent does not have a license to operate in this state, the application must be accompanied by the information required of institutions making application for a license. The application for an agents permit must also be accompanied by evidence of the required surety bond and payment of the fees required by law.
2. After review of the application and other information submitted by the applicant, as required by regulation of the commission, and any investigation of the applicant which the administrator considers appropriate, the administrator shall grant or deny an agents permit to the applicant.
3. The agents permit must state in a clear and conspicuous manner at least the following information:
(a) The date of issuance, effective date and term of the permit.
(b) The correct name and address of the agent.
(c) The institutions which the agent is authorized to represent.
4. An agents permit must not be issued for a term of more than 1 year.
5. At least 30 days [prior to] before the expiration of an agents permit, the agent must complete and file with the administrator an application for renewal of the permit. The administrator shall review and act upon the renewal application as provided in this section for an original application.
κ1985 Statutes of Nevada, Page 998 (CHAPTER 352, SB 216)κ
Sec. 27. NRS 394.480 is hereby amended to read as follows:
394.480 1. [At the time] When an application is made for an agents permit [,] or renewal of a permit, a license to operate or [for a license renewal,] renewal of a license, the administrator shall require the postsecondary educational institution [making] which makes the application or which the applicant for the agents permit proposes to represent to file a surety bond in the sum of not less than $5,000. The bond must be executed by the [applicant] institution as principal and by a surety company as surety. The bond must be payable to the State of Nevada and must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by a final judgment to have suffered damage as a result of any act by the postsecondary educational institution which is a violation of [the Postsecondary Educational Authorization Act.] NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act. The bonding company shall provide indemnification upon receipt of written notice of such judgment. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.
2. The surety bond must cover the period of the license to operate or the agents permit, as appropriate, except when a surety is released.
3. A surety on any bond filed under this section may be released after the surety gives 30 days written notice to the administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary institution or agent alleged to have occurred while the bond was in effect, nor for an institutions ceasing operations during the term for which tuition had been paid while the bond was in force.
4. A license or an agents permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section; but the administrator shall give the institution or agent, or both, at least 30 days written notice [prior to] before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.
Sec. 28. NRS 394.500 is hereby amended to read as follows:
394.500 Any person aggrieved by the denial of [a license or] an agents permit [, or by the placement of conditions on the license or agents permit,] is entitled to a hearing before the commission, if [the aggrieved person] he submits a written request for a hearing within [10 days from the receipt of the letter of denial or placement of conditions.] 15 days after the letter of denial is mailed to his last known address. If no request is submitted within the prescribed period the denial [or placement of conditions] is final.
κ1985 Statutes of Nevada, Page 999 (CHAPTER 352, SB 216)κ
Sec. 29. NRS 394.510 is hereby amended to read as follows:
394.510 1. The commission may revoke a license, or make it conditional after its issuance, if the commission reasonably believes that the holder has violated [the Postsecondary Educational Authorization Act] the provisions of NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act or regulations adopted [under it.
2.] pursuant to those sections, or has failed to comply with a lawful order of the commission. The administrator shall notify the institution of the reasons for the action by certified mail to its last known address, 20 days before the meeting of the commission at which the action will be considered.
2. If the commission revokes a license, the institution shall cease its operations and granting degrees and shall refund to each enrolled student the cost of his current course or program.
3. The administrator may revoke an agents permit, or make it conditional after its issuance, if he reasonably believes that the holder has violated [the Postsecondary Educational Authorization Act] the provisions of NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act or regulations adopted [under it.
3. Prior to any revocation or imposition of conditions pursuant to subsection 1 or 2, the] pursuant thereto. Before action is taken the administrator shall notify the holder by certified mail of facts or conduct which warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days [of] after receipt of the notice letter. If no hearing is requested within the prescribed period the action becomes final.
4. If an agents permit is revoked or conditions imposed, the administrator shall notify, by certified mail, the institution which the agent represented in addition to the agent and any other parties to any hearing.
Sec. 30. NRS 394.520 is hereby amended to read as follows:
394.520 1. Any person claiming damage [, either individually or as a representative of a class of complainants,] as a result of any act by a postsecondary educational institution or its agent, or both, which is a violation of [the Postsecondary Educational Authorization Act] NRS 394.361 to 394.560, inclusive, and sections 4 to 13, inclusive, of this act or regulations promulgated [under it,] pursuant thereto, may file with the administrator a verified complaint against the institution, its agent , or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the commission. A complaint may also be filed by a commissioner or the attorney general [.] or initiated by the administrator.
2. The administrator shall investigate any verified complaint and may, at his discretion, attempt to effectuate a settlement by [persuasion and conciliation. The commission may consider a complaint after 10 days written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.]
κ1985 Statutes of Nevada, Page 1000 (CHAPTER 352, SB 216)κ
or both, as appropriate, giving notice of a time and place for a hearing.] arbitration. If a settlement cannot be reached by arbitration, the administrator shall render a decision and notify the parties of the decision and the reasons for it by certified mail to his last known address. Either party may request a hearing before the commission by notifying the administrator by certified mail within 15 days after the decision was mailed to him. The hearing must be held at the next meeting of the commission in the geographical area convenient to the parties. If a hearing is not requested, the decision of the administrator is final.
3. If, after consideration of all the evidence presented at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, [has engaged in any act which violates the Postsecondary Educational Authorization Act or the regulations promulgated under it, the commission] is guilty of the violation alleged in the complaint, it shall issue and the administrator shall serve upon the institution or agent, or both, an order to cease and desist from [such act.] the violation. If the commission finds the institution has substantially breached the agreement to enroll, it shall order the institution to make full restitution to the student of all money paid pursuant to the agreement. The commission may also, as appropriate, based on the administrators investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institutions license or recommend that the administrator institute proceedings to revoke an agents permit.
Sec. 31. NRS 394.530 is hereby amended to read as follows:
394.530 If the commission [with respect to its actions] or the administrator [with respect to his actions] determines that irreparable injury would result from putting into immediate effect a final action or penalty , [imposed under the Postsecondary Educational Authorization Act,] the commission or administrator, as appropriate, shall postpone the effective date of the action pending review.
Sec. 32. NRS 394.540 is hereby amended to read as follows:
394.540 1. All fees [collected pursuant to the provisions of the Postsecondary Educational Authorization Act] must be deposited in the state treasury to the credit of the state general fund, and no fees so collected are subject to refund. The fees, to be collected by the administrator, must accompany an application for a license [to operate or an agents permit.
2. The commission shall, by regulation, adopt a fee schedule which may not exceed the following:
(a) The initial application fee or renewal fee for a postsecondary educational institution $250
(b) The initial fee or renewal fee for an agents permit............................................. 30]
or renewal, for an agents permit or renewal, for approval of a change of ownership or to add a degree or vocational program to the curriculum.
2. The fees are:
(a) For a new license............................................................................................... $300
(b) For a change of ownership................................................................................. 250
κ1985 Statutes of Nevada, Page 1001 (CHAPTER 352, SB 216)κ
(c) To add a new degree or vocational program.................................................. 100
(d) To renew a license................................................................................................. 250
(e) For an agents permit or renewal........................................................................ 50
Sec. 33. NRS 394.550 is hereby amended to read as follows:
394.550 If any postsecondary educational institution operating in this state discontinues or proposes to discontinue its operation, the chief administrative officer of the institution shall file with the administrator original or true copies of all academic records of the institution specified by regulations of the commission. The records must include, as a minimum, academic information customarily required by colleges when considering students for transfer or advanced study; and, as a separate document, the academic record of each former student. If [it appears to] the administrator establishes the likelihood that academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid or otherwise made unavailable to the commission, the administrator may [seek] obtain a court order permitting the seizure of such records. The administrator shall receive and maintain a file of such records in his possession.
Sec. 34. NRS 394.560 is hereby amended to read as follows:
394.560 It is unlawful for any person [, alone or in concert with others, to:
1. Operate in this state] :
1. To operate or claim to operate a postsecondary educational institution [not exempted from the provisions of the Postsecondary Educational Authorization Act,] which is required to be licensed by the commission, unless the institution has a currently valid license to operate.
2. [Offer,] To offer, as or through an agent , enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution [not exempted from the provisions of the Postsecondary Educational Authorization Act,] which is required to be licensed by the commission, whether the institution is within or outside this state, unless the agent is a natural person and has a currently valid permit, except that the commission may adopt regulations to permit [the rendering of legitimate public information services] public information to be provided without a permit.
3. [Instruct] For compensation to instruct or educate, or offer to instruct or educate (including advertising or soliciting for such purpose), enroll or offer to enroll, contract or offer to contract with any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act in this state, whether the person is located within or outside this state, unless [such] that person complies with the minimum standards set forth in [NRS 394.450,] this chapter, and regulations adopted by the commission.
4. [Grant,] To grant, or offer to grant, educational credentials without a currently valid license.
Sec. 35. NRS 394.580 is hereby amended to read as follows:
394.580 1. Any [elementary, secondary] private school or postsecondary educational institution , [not exempt from the provisions of this chapter,] whether or not a resident of or having a place of business in this state, which instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or which offers to award or awards any educational credentials to a resident of this state, thereby submits to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter.
κ1985 Statutes of Nevada, Page 1002 (CHAPTER 352, SB 216)κ
postsecondary educational institution , [not exempt from the provisions of this chapter,] whether or not a resident of or having a place of business in this state, which instructs or educates, or offers to instruct or educate, enrolls or offers to enroll, contracts or offers to contract, to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or which offers to award or awards any educational credentials to a resident of this state, thereby submits to the jurisdiction of the courts of this state, concerning any cause of action arising from violation of any section of this chapter. If the institution is a natural person, he thereby submits himself or his personal representative to such jurisdiction.
2. Service of process upon any institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Nevada Rules of Civil Procedure, with the same effect as if the summons had been personally served within this state.
3. This section does not limit the right to serve any process as prescribed by the Nevada Rules of Civil Procedure.
Sec. 36. NRS 394.590 is hereby amended to read as follows:
394.590 1. If the person to whom [an elementary, secondary] a private school or postsecondary educational institution is to provide educational services is a resident of this state [at the time] when any contract, instrument or document of indebtedness relating to payment for the services is entered into, the provisions of this section [shall] govern the rights of the parties in regard to the documents of indebtedness. Any of the following agreements entered into in connection with the giving of a document of indebtedness is invalid:
(a) That the law of another state [shall apply;] applies;
(b) That the maker or any person liable on such contract or other document of indebtedness consents to the jurisdiction of another state;
(c) That another person is authorized to confess judgment on such contract or evidence of indebtedness; or
(d) That fixes venue.
2. A document of indebtedness relating to payment for education or educational services is not enforceable in the courts of this state by any [elementary, secondary] private school or postsecondary educational institution operating in this state or with an agent operating in this state unless:
(a) The [educational] school or institution has received a license to operate; and
(b) Each agent operating in this state had an agents permit.
3. Any lending institution extending credit to any person for tuition, fees or any other charges of [an elementary, secondary] a private school or postsecondary educational institution for educational services to be rendered by the school or institution shall conspicuously mark on the face of any document of indebtedness taken in connection with the extension of credit [student loan.] loan for study. If the lending agency fails to do so, [the lending agency] it is liable for any damage incurred by any subsequent assignee, transferee or holder of the document on account of the absence of the notation.
κ1985 Statutes of Nevada, Page 1003 (CHAPTER 352, SB 216)κ
agency fails to do so, [the lending agency] it is liable for any damage incurred by any subsequent assignee, transferee or holder of the document on account of the absence of the notation.
4. Whether or not the notation [student loan] loan for study appears on the document of indebtedness, and notwithstanding any agreement to the contrary, the lending agency extending credit and any transferee, assignee or holder of the document of indebtedness are subject to all defenses and claims which may be asserted against the [elementary, secondary] private school or postsecondary educational institution which was to render the educational services, by any person that was a party to the document of indebtedness or the person to whom the educational services were to be rendered to the extent of the unpaid portion of the indebtedness.
Sec. 37. NRS 394.600 is hereby amended to read as follows:
394.600 1. The attorney general or [the] any district attorney , [of any county in which an elementary, secondary or postsecondary educational institution or an agent of such an educational institution is found,] at the request of the commission or board or on his own motion, may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of the provisions of this chapter.
2. If it appears to the commission or board that any person is violating or is about to violate any of the provisions of this chapter or any of its [lawful] regulations or orders, the commission or board may, on its own motion or on the written complaint of any person, file an action for injunction in the name of the commission or board in any court of competent jurisdiction in this state against the person [, group or entity, for the purpose of enjoining such] to enjoin the violation or for an order directing compliance with the provisions of this chapter, and all regulations and orders promulgated pursuant to this chapter.
3. The right of injunction provided in this section is in addition to any other legal remedy which the commission or board has, and is in addition to any right of criminal prosecution provided by law; but the commission or board shall not obtain a temporary restraining order without notice to the person affected.
4. The existence of a pending [commission or board] action by the commission or board with respect to alleged violations of this chapter [shall] does not operate as a bar to an action for injunctive relief pursuant to this section.
Sec. 38. NRS 394.610 is hereby amended to read as follows:
394.610 Any person [or any owner, officer, agent or employee of an elementary, secondary or postsecondary educational institution] who willfully [fails or refuses to deposit with the commission or board the records required by NRS 394.341 or 394.550, is guilty of a] violates the provisions of NRS 394.005 to 394.550, inclusive, is guilty of a gross misdemeanor. Each days failure to comply with the provisions of [such] these sections is a separate offense.
κ1985 Statutes of Nevada, Page 1004 (CHAPTER 352, SB 216)κ
Sec. 39. NRS 394.625 is hereby amended to read as follows:
394.625 1. [No person, alone or in concert with others,] Except for the University of Nevada, no person may use the term university or college or any term or abbreviation which represents that the person is a university or college as part of the name or other designation of any [postsecondary educational institution in this state] entity without authorization from the commission.
2. The commission shall adopt regulations for authorizing postsecondary educational institutions to use the term university or college as part of their respective names or designations. The regulations must provide for consideration of the institutions qualification to award degrees and may include minimum standards similar to those prescribed by law for licensing [under the Postsecondary Educational Authorization Act.] by the commission.
Sec. 40. NRS 394.640 is hereby amended to read as follows:
394.640 No person [, firm, association, partnership or corporation] may:
1. Advertise or otherwise represent that it awards, bestows, confers, gives, grants, conveys or sells degrees or honorary degrees; or
2. Solicit enrollment in courses of instruction or study by making any such representation,
unless the institution is [qualified] authorized by the commission to award degrees.
Sec. 41. NRS 394.670 is hereby amended to read as follows:
394.670 Every person [, firm, partnership or officer or managing agent of any corporation or association] who violates any of the provisions of NRS 394.620 to 394.640, inclusive, is guilty of a gross misdemeanor. Each days violation is a separate offense.
Sec. 42. NRS 394.361 and 394.371 are hereby repealed.
________
Senate Bill No. 403Committee on Finance
CHAPTER 353
AN ACT relating to the legislative fund; including the interim operation of the legislature among the permitted uses of that fund; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.
κ1985 Statutes of Nevada, Page 1005 (CHAPTER 353, SB 403)κ
2. Support for the legislative fund must be provided by legislative appropriation from the state general fund.
3. Expenditures from the legislative fund may be made for:
(a) The payment of necessary operating expenses of the senate;
(b) The payment of necessary operating expenses of the assembly;
(c) The payment of the necessary improvements to the legislative building and its grounds;
(d) The payment of expenses for the interim operation of the legislature; and
(e) The payment of necessary operating expenses of , but not limited to:
(1) The legislative commission;
(2) The legal division;
(3) The research division;
(4) The audit division;
(5) The fiscal analysis division; and
(6) The administrative division,
of the legislative counsel bureau.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
________
Senate Bill No. 339Committee on Taxation
CHAPTER 354
AN ACT relating to local governmental finance; increasing the rate of interest on delinquent assessments for local improvements; changing the requirements for reporting fees for certain officers; changing the requirements concerning the advertising of bids for contracts; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.305 is hereby amended to read as follows:
247.305 1. Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page........................................... $5.00
For each additional page............................................................. 1.00 For recording each portion of a document which must be separately indexed, after the first indexing.... 2.00
κ1985 Statutes of Nevada, Page 1006 (CHAPTER 354, SB 339)κ
For recording each portion of a document which must be separately indexed, after the first indexing........................................................................................ 2.00
For copying any record, for each page......................................................... 1.00
For certifying, including certificate and seal, for the first seal.................. 2.00
For each additional seal............................................................... .50
2. Except as provided in subsection 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; or
(3) Imposes a lien in favor of the state or that city or town.
3. A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder must charge the regular fee.
4. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his official capacity.
5. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
Sec. 2. NRS 247.310 is hereby amended to read as follows:
247.310 1. Except as otherwise provided by law, county recorders shall charge the following fees for recording certificates of proof of labor on mining claims:
For recording any such certificates that embrace therein one claim........ $0.50
For each additional mining claim embraced in the certificate. .50
2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
Sec. 3. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may charge and collect the following fees:
κ1985 Statutes of Nevada, Page 1007 (CHAPTER 354, SB 339)κ
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant.................................................................................................... $5.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.............................. .50
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only [shall] may be charged.
For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking................................................................................. 3.00
For a copy of any writ, process or other paper, when demanded or required by law, for each page.............................................................................................. .50
For serving every notice, rule or order......................................................... 5.00
For serving a subpena, for each witness summoned................................. 5.00
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile...................................................................................................................... .50
When two or more witnesses or jurors live in the same direction, traveling fees [shall] must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons.................................................. 5.00
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper...................................................................................................................... $4.00
For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which [shall] must be collected from the party receiving the certificate................................. 5.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.................................. 10.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto........................................................................................... 10.00
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile....... .50
The sheriff may charge and collect $0.50 per mile traveled, for going only on all papers not served, where reasonable effort has been made to effect service, but not to exceed $10.
κ1985 Statutes of Nevada, Page 1008 (CHAPTER 354, SB 339)κ
only on all papers not served, where reasonable effort has been made to effect service, but not to exceed $10.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving [such] the property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpena or a venire in criminal cases, the sheriff [shall] is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, [shall] must be collected from the defendants, by virtue of [such] the execution or order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff [shall] must be paid into the county treasury of his county on or before the 5th working day of the month next succeeding the month in which [such] the fees are collected.
Sec. 4. NRS 251.070 is hereby amended to read as follows:
251.070 1. County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, [shall] must be allowed the following fees:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing treasurers receipts and issuing licenses, to be paid by the party................................................................................ $0.50................................................................................. $0.25
For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio.................................................................. .30 .20 For filing and endorsing each paper.......... .25.............................................................. .20
κ1985 Statutes of Nevada, Page 1009 (CHAPTER 354, SB 339)κ
For filing and endorsing each paper................................. .25 .20
2. County auditors [shall receive no] are not entitled to receive fees for filing and endorsing the property schedules rendered them by the county assessors.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county auditors shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
4. The controller of Carson City [shall] must be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.
Sec. 5. NRS 252.140 is hereby amended to read as follows:
252.140 Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207 the district attorney shall, on or before the 5th working day of each month, file in the office of the county treasurer an account in writing, certified by oath, of all [moneys] money received by him in his official capacity during the preceding month and shall, at the same time, pay [such moneys] that money to the county treasurer.
Sec. 6. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees for their services:
For serving a summons or other process by which a suit is commenced in civil cases...................................................................................................................... $7.50
For summoning a jury before a justice of the peace................................... 4.00
For taking a bond or undertaking.................................................................. 2.00
For serving an attachment against the property of a defendant.............. 4.00
For serving subpenas, for each witness....................................................... 5.00
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio......................................................................................... 1.00
For drawing and executing every constables deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................... 10.00
For each certificate of sale of real property under execution.................... 2.00
For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons.. 5.00
For all services in an eviction......................................................................... 10.00
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper............................... 4.00
For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................................................... 1.00
κ1985 Statutes of Nevada, Page 1010 (CHAPTER 354, SB 339)κ
civil suits, for each mile necessarily and actually traveled, in going only ............................................................................................................... 1.00
But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only................. 1.00
But mileage may not exceed $16 for any unsuccessful effort to serve such process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment, [,] or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charges against the defendant, 2 percent thereof.
(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 7. NRS 271.340 is hereby amended to read as follows:
271.340 1. In the case of construction work done by the use of municipally owned or leased equipment and municipal officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. [All supplies and materials purchased by the municipality for any improvement district costing $500 or more shall be purchased only after the municipality has given notice by publication therefor.
3.] The municipality shall accept the lowest bid, kind, quality and material being equal, but the municipality [shall have] has the right to reject any [and all bids,] bid, to waive any irregularity in any bid, and to select a single item from any bid when so stated in the invitation to bid.
[4.] 3. The provision as to bidding [shall] does not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
κ1985 Statutes of Nevada, Page 1011 (CHAPTER 354, SB 339)κ
purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 8. NRS 271.415 is hereby amended to read as follows:
271.415 1. In case of an election to pay in installments, the assessment is payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarterly installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective due dates of the installments is payable annually, semiannually or quarterly at a rate or rates which do not exceed by more than 1 percent the rate of interest on the assessment bonds.
3. Nothing herein contained limits the discretion of the governing body in determining whether assessments are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, are due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding [1] 1.5 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided therein and in the assessment ordinance.
________
Assembly Bill No. 569Committee on Labor and Management
CHAPTER 355
AN ACT relating to industrial insurance; establishing responsibility of self-insured employers for the acts of a person administering the plan of self-insurance; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is employed by or contracts with a self-insured employer to administer the plan of self-insurance is an agent of the self-insured employer and if he violates any provision of this chapter, the self-insured employer is liable for any penalty assessed because of that violation.
κ1985 Statutes of Nevada, Page 1012 (CHAPTER 355, AB 569)κ
self-insured employer is liable for any penalty assessed because of that violation.
________
Assembly Bill No. 612Committee on Judiciary
CHAPTER 356
AN ACT relating to garnishment; requiring that the writ of garnishment be served upon the state controller in any action in which the State of Nevada is a garnishee defendant; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.249 is hereby amended to read as follows:
31.249 1. No writ of garnishment in aid of attachment may issue except on order of the court. The court may order the writ of garnishment to be issued:
(a) In the order directing the clerk to issue a writ of attachment; or
(b) If the writ of attachment has previously issued without notice to the defendant and the defendant has not appeared in the action, by a separate order without notice to the defendant.
2. The plaintiffs application to the court for an order directing the issuance of a writ of garnishment [shall] must be by affidavit made by or on behalf of the plaintiff to the effect that the affiant is informed and believes that the named garnishee is indebted to or has property in his possession or under his control belonging to the defendant and that [such] the indebtedness or property is, to the best of the knowledge and belief of the affiant, not by law exempt from execution. If the named garnishee is the State of Nevada, the writ of garnishment must be served upon the state controller.
3. The affidavit by or on behalf of the plaintiff may be contained in the application for the order directing the writ of attachment to issue or may be filed and submitted to the court separately thereafter.
4. Except as provided in this section, the grounds and procedure for a writ of garnishment are identical to those for a writ of attachment.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1013κ
Assembly Bill No. 538Assemblyman Malone
CHAPTER 357
AN ACT relating to unclaimed property; authorizing certain items to be donated to genealogical libraries; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 120A.360 is hereby amended to read as follows:
120A.360 1. Except as provided in subsection 4, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.
2. Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.
3. The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of title.
4. The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer such property to [the] :
(a) The Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation [.] ; or
(b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada state museum or Nevada historical society.
An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1014κ
Assembly Bill No. 232Committee on Labor and Management
CHAPTER 358
AN ACT relating to railroads; removing the restrictions on crews used to operate trains; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 705.390 is hereby amended to read as follows:
705.390 [1. It shall be unlawful for any person, firm, company or corporation engaged in the business of common carrier, operating freight and passenger trains, or either of them, within or through the State of Nevada, to run or operate, or permit or cause to be run or operated, within or through this state, along or over its road or tracks, other than along or over the road or tracks within yard limits:
(a) Any freight or passenger train consisting of two cars or less, exclusive of caboose and engine and tenders, with less than a full crew consisting of not less than four persons, to wit, one engineer, one fireman, one conductor, and one brakeman; or
(b) Any freight or passenger train of three or more and less than 50 freight, passenger or other cars, exclusive of caboose and engine, with less than a full crew consisting of five persons, to wit, one engineer, one fireman, one conductor and two brakemen; or
(c) Any freight or passenger train of more than 50 freight, passenger or other cars, exclusive of caboose and engine and tender, with less than a full crew, consisting of not less than five persons, to wit, one conductor, one engineer, one fireman and two brakemen.
2.] No person employed as a flagman on any railroad in this state on April 1, 1963, [shall] may be discharged or lose his employment by reason of the provisions of chapter 176, Statutes of Nevada 1963. [However, whenever] No person holding seniority as a trainman on any railroad in this state on July 1, 1985, may be discharged or lose his employment by reason of the provisions of this act. But if a flagman or a trainman retires, terminates or voluntarily leaves his employment , the railroad company need not replace the position so vacated . [, unless it is to fill a mandatory position under subsection 1.]
Sec. 2. NRS 705.420 is hereby amended to read as follows:
705.420 Any railroad company or receiver of any railroad company, and any person [, firm, company or corporation] engaged in the business of common carrier doing business in the State of Nevada, which violates any of the provisions of NRS 705.390 [to 705.410, inclusive,] is liable to the public service commission of Nevada for a penalty of $500 for each violation.
Sec. 3. NRS 705.410 is hereby repealed.
________
κ1985 Statutes of Nevada, Page 1015κ
Assembly Bill No. 85Committee on Judiciary
CHAPTER 359
AN ACT relating to driving while intoxicated; limiting the requirement to segregate and assign offenders in prison; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. [A person so imprisoned must be segregated insofar as practicable] Unless a person at the time he is so imprisoned:
(a) Has been previously convicted of a felony other than:
(1) One previous violation of this section; or
(2) One previous violation of paragraph (c) of subsection 1 of NRS 484.3792; or
(b) Has a history of violent criminal conduct which can be demonstrated,
he must, insofar as practicable, be segregated from offenders whose crimes were violent [,] and [must] be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.
2. No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1016κ
Senate Bill No. 387Commerce and Labor
CHAPTER 360
AN ACT relating to the regulation of telecommunication; redefining the scope of regulation by the public service commission; allowing certain exemptions from regulation; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, unless the contest otherwise requires, the words and terms defined in NRS 704.010 to 704.030, inclusive, have the meanings ascribed to them in those sections.
Sec. 2. NRS 704.010 is hereby amended to read as follows:
704.010 [As used in this chapter, commission] Commission means the public service commission of Nevada.
Sec. 3. NRS 704.015 is hereby amended to read as follows:
704.015 [As used in this chapter, person] Person is limited to a person engaged in or intending to engage in the operation of a public utility.
Sec. 4. NRS 704.020 is hereby amended to read as follows:
704.020 1. [As used in this chapter, public] Public utility includes:
(a) Any person [, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control] who owns, operates, manages or controls any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether [owned by such railroads or otherwise.
(b) Express companies, telegraph and telephone companies.
(c) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
(d)] or not they are owned by the railroad.
(b) Telephone companies and other companies which provide telecommunication or a related service to the public.
(c) Radio or broadcasting instrumentalities providing common or contract service.
[(e)] (d) All companies which [may] own cars of any kind or character, used and operated as a part of railroad trains, in or through this state. All duties required of and penalties imposed upon any railroad or any officer or agent thereof are, insofar as applicable, required of and imposed upon the owner or operator of [such express companies, telegraph and] any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which [may] own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission [shall have the power of supervision] may supervise and control [of] all such companies and persons to the same extent as [of] railroads.
κ1985 Statutes of Nevada, Page 1017 (CHAPTER 360, SB 387)κ
imposed upon the owner or operator of [such express companies, telegraph and] any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which [may] own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission [shall have the power of supervision] may supervise and control [of] all such companies and persons to the same extent as [of] railroads.
[(f)] (e) Community antenna television companies.
2. Public utility also includes:
(a) Any person [, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that own, operate or control] who owns, operates or controls any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, [firms, associations, or corporations,] including private or municipal [,] corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities . [or elsewhere.]
The commission [is hereby invested with full power of supervision, regulation] may supervise, regulate and control [of] all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility apply to:
(a) [The transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) Receiving and delivering messages.
(c)] All charges connected with the transportation of persons or property, including icing charges and mileage charges.
[(d)] (b) All railroads, express companies, car companies, and all associations of persons, whether or not incorporated , [or otherwise,] that do any business as a common carrier upon or over any line of railroad within this state.
[(e)] (c) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.
Sec. 5. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility [, as used in this chapter,] does not include:
1. [Corporations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers appointed by any court,] Persons insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
κ1985 Statutes of Nevada, Page 1018 (CHAPTER 360, SB 387)κ
transportation of persons for hire exclusively within the limits of a city of this state.
2. [Corporations, partnerships, sole proprietorships or associations of natural persons] Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. [Corporations, cooperatives, nonprofit corporations or associations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers appointed by any court,] Persons engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales for water or sewer services, or water and sewer services, amounted to $5,000 or less during the immediately preceding 12 months,
and in either case they do not own or control any other such business furnishing water or sewer service or water and sewer service within this state.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. [Corporations or other persons] Persons not normally engaged in the production and sale of water but which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions
6. [Corporations or other persons] Persons who are engaged in the production and sale of geothermal energy, including electricity produced from geothermal energy, to public utilities, cities, counties or other entities which are reselling the energy to the public.
Sec. 6. NRS 704.040 is hereby amended to read as follows:
704.040 1. Every public utility [is required to] shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, [shall] must be just and reasonable.
2. Every unjust and unreasonable charge for service of public utilities is [prohibited and declared to be] unlawful.
3. The commission may exempt, to the extent it deems reasonable, services related to telecommunication or public utilities which provide such services from any or all of the provisions of this chapter, upon a determination after hearing that the services are competitive and that regulation thereof is unnecessary.
Sec. 7. NRS 704.330 is hereby amended to read as follows:
704.330 1. Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.
κ1985 Statutes of Nevada, Page 1019 (CHAPTER 360, SB 387)κ
continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.
2. Nothing [herein shall be construed as requiring] in this section requires a public utility to secure such a certificate for any extension within any town or city within which it [shall theretofore have] lawfully commenced operations or for [an extension into territory either within or without the city or town] and other extension as long as [such] the extension:
(a) Is to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities; or
(b) Remains within the boundaries of the service area [boundaries] which have been established by the commission for its railroad, line, plant or system, and not then served by a public utility of like character.
3. Upon the granting of any certificate of public convenience, the commission may make such an order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.
4. When a complaint has been filed with the commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the commission has reason to believe that any provision of this section is being violated, the commission shall investigate such operations and the commission [shall have power,] may, after a hearing, [to] make its order requiring the owner or operator of [such] the utility to cease and desist from any operation in violation of this section. The commission shall enforce compliance with such an order under the powers vested in the commission by law.
5. If any public utility in constructing or extending its line, plant or system interferes or is about to interfere with the operation of the line, plant or system of any other public utility already constructed, the commission, on complaint of the public utility claiming to be injuriously affected, after hearing, may make such an order prohibiting [such] the construction or extension, or prescribing such terms and conditions for the location of the lines, plants or systems affected, as to it may seem just and reasonable.
6. [Whenever] Except as provided in subsection 7, whenever the commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the commission shall [, in its discretion,] either issue a certificate of public convenience and necessity assigning specific territories to one or to each of such utilities, or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and construction, extensions within such territories, and shall order the elimination of such duplication, all upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.
κ1985 Statutes of Nevada, Page 1020 (CHAPTER 360, SB 387)κ
just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.
7. The commission may allow a duplication of service by public utilities in an area if:
(a) The service provided is related to telecommunication; and
(b) It finds that the competition should occur and that any duplication of service is reasonable.
________
Assembly Bill No. 240Committee on Ways and Means
CHAPTER 361
AN ACT making an appropriation to the contingency fund; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $4,297,616.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 430Senator Raggio
CHAPTER 362
AN ACT relating to drivers licenses; excepting persons in the military service from a penalty for late renewal; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.386 is hereby amended to read as follows:
483.386 All persons whose licenses have expired may be required by the department, whenever good cause appears, to take all or part of the regular examinations as set forth in NRS 483.330 . [, and all] All persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license except that the following persons are exempt from this penalty:
1. A person who has not driven a motor vehicle after the expiration of his Nevada drivers license and who submits an affidavit stating that fact;
κ1985 Statutes of Nevada, Page 1021 (CHAPTER 362, SB 430)κ
2. A person renewing an expired Nevada drivers license who possesses a valid drivers license from another jurisdiction; and
3. A person whose Nevada drivers license expires during a period of suspension if he completes a renewal application within 30 days after the date of eligibility for renewal.
4. A person whose Nevada drivers license expires while he is on active duty with any branch of the Armed Forces, if he completes a renewal application within 30 days after his discharge.
________
Senate Bill No. 429Senators Wagner, Foley, Glover, Hickey, Horn, Jacobsen, Mello, OConnell, Raggio, Rawson, Rhoads, Robinson, Ryan, Shaffer and Townsend
CHAPTER 363
AN ACT relating to fraudulent checks; imposing an additional civil liability; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person who makes, utters, draws or delivers a check or draft for the payment of money drawn upon any financial institution or other person, when he has no account with the drawee of the instrument or has insufficient money, property or credit with the drawee to pay, and who fails to pay the amount in cash to the payee within 30 days after a demand therefor in writing is delivered to him by certified mail, is liable to the payee for the amount of the check or draft and damages equal to three times the amount of the check or draft, but not less than $100 nor more than $500.
________
κ1985 Statutes of Nevada, Page 1022κ
Senate Bill No. 447Committee on Government Affairs
CHAPTER 364
AN ACT relating to employees of the state; requiring the state to purchase credit in the public employees retirement system on behalf of certain employees for service performed in eligible employment; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A state agency shall pay the cost of purchasing credit for service pursuant to NRS 286.300 on behalf of a member if:
(a) The agency entered into an agreement with the member under which the member was employed upon the condition that the employer pay the cost of purchasing the credit; and
(b) The agreement to purchase the credit is in writing, becomes part of the personnel records of the employee and is approved in advance by the state board of examiners.
2. If a state agency is required to purchase credit pursuant to subsection 1, it shall not do so until the member has completed 1 year of service in its employ.
3. If a state agency is required to reduce the number of its employees, it shall purchase credit for service pursuant to NRS 286.300 for any member who:
(a) Is eligible to purchase credit;
(b) Is eligible to retire or will be made eligible by the purchase of the credit;
(c) Agrees to retire upon completion of the purchase; and
(d) Has been employed by the agency for 5 or more years.
4. If a state agency is required to purchase credit pursuant to subsection 3, it shall pay 5 percent of the cost of purchasing the credit and an additional 5 percent of the cost for each year that the person has been employed by the agency in excess of the minimum requirement of 5 years.
Sec. 2. NRS 286.3005 is hereby amended to read as follows:
286.3005 1. A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service [can] may be used for eligibility for service retirement . [eligibility.]
2. [The employing] A state agency may purchase credit for service on behalf of a member only as provided in section 1 of the act.
κ1985 Statutes of Nevada, Page 1023 (CHAPTER 364, SB 447)κ
on behalf of a member only as provided in section 1 of the act. Any other public employer may pay any portion of the cost to [validate] purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless [both the employer and the employee contributions have] the cost of purchasing credit has been paid.
3. The member or public employer, or both, purchasing credit under NRS 286.300 shall pay the full current administrative fees for each month of service purchased.
________
Senate Bill No. 426Committee on Judiciary
CHAPTER 365
AN ACT relating to the defense of accused indigents; increasing the fees allowed an appointed defense attorney; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2 to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:
(a) If the matter is a felony punishable by death or by imprisonment for life with or without possibility of parole:
(1) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, [$20] $40 per hour.
[(b)] (2) For court appearances, [$30] $60 per hour.
(b) If the matter involves any other crime:
(1) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.
(2) For court appearances, $30 per hour.
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, [$2,500;] $6,000;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;
(c) If the most serious crime is a misdemeanor, $300;
κ1985 Statutes of Nevada, Page 1024 (CHAPTER 365, SB 426)κ
(d) For an appeal of one or more misdemeanor convictions, $300; or
(e) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.
3. An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $300.
4. If the appointing court because of:
(a) The complexity of a case or the number of its factual or legal issues;
(b) The severity of the offense;
(c) The time necessary to provide an adequate defense; or
(d) Other special circumstances,
deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.
5. The magistrate, the district court or the supreme court may, in the interest of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
6. A claim made pursuant to this section must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:
(a) The amount of time spent on the matter;
(b) The type of service rendered;
(c) The amount of expenses incurred; and
(d) Any compensation or reimbursement which is applied for or received from any other source.
Sec. 2. NRS 7.125 is hereby amended to read as follows:
7.125 1. Except as limited by subsections 2 to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendants initial appearance before the magistrate or the district court through the appeal, if any, in entitled to receive a fee in accordance with the following schedule:
(a) [If the matter is a felony punishable by death or by imprisonment for life with or without possibility of parole:
(1)] For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $40 per hour.
κ1985 Statutes of Nevada, Page 1025 (CHAPTER 365, SB 426)κ
the matter to which the appointment is made, except court appearances, $40 per hour.
[(2)] (b) For court appearances, $60 per hour.
[(b) If the matter involves any other crime:
(1) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearances, $20 per hour.
(2) For court appearances, $30 per hour.]
2. The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued must not exceed:
(a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $6,000;
(b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, [$1,000;] $2,500;
(c) If the most serious crime is a misdemeanor, [$300;] $750;
(d) For an appeal of one or more misdemeanor convictions, [$300;] $750; or
(e) For an appeal of one or more gross misdemeanor or felony convictions, [$1,000.] $2,500.
3. An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, is entitled to be paid a fee not to exceed $750.
4. If the appointing court because of:
(a) The complexity of a case or the number of its factual or legal issues;
(b) The severity of the offense;
(c) The time necessary to provide an adequate defense; or
(d) Other special circumstances,
deems it appropriate to grant a fee in excess of the applicable maximum, the payment must be made, but only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the presiding judge of the judicial district in which the attorney was appointed, or if there is no such presiding judge or if he presided over the court in which the representation was rendered, then by the district judge who holds seniority in years of service in office.
5. The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.
6. A claim made pursuant to this section must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:
κ1985 Statutes of Nevada, Page 1026 (CHAPTER 365, SB 426)κ
(a) The amount of time spent on the matter;
(b) The type of service rendered;
(c) The amount of expenses incurred; and
(d) Any compensation or reimbursement which is applied for or received from any other source.
Sec. 3. Sections 1 and 2 of this act do not apply to any appointment of an attorney before July 1, 1985.
Sec. 4. Section 2 of this act becomes effective July 1, 1986.
________
Senate Bill No. 113Committee on Judiciary
CHAPTER 366
AN ACT relating to criminal procedure; allowing amendments to indictments; allowing the separate filing of a charge that a person is an habitual criminal; requiring notice to be given to a person subsequently charged as an habitual criminal; removing the discretionary authority of a judge to dismiss count of habitual criminality; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 173.095 is hereby amended to read as follows:
173.095 1. The court may permit an indictment or information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
2. If an indictment is found charging a primary offense upon which a charge of habitual criminality may be based, the district attorney may file a notice of habitual criminality with the court.
Sec. 2. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, [shall be adjudged to be] is an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life with or without possibility of parole.
κ1985 Statutes of Nevada, Page 1027 (CHAPTER 366, SB 113)κ
or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life with or without possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
3. Conviction under this section operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information, [and the trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.] or file a notice of habitual criminality if an indictment is found.
5. [In proceedings under this section,] If a count under this section is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading , [charging the primary offense,] but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under this section may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 6 held, until 15 days after the separate filing.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
8. A certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
________
κ1985 Statutes of Nevada, Page 1028κ
Senate Bill No. 107Senators Wagner, Raggio and Wilson
CHAPTER 367
AN ACT relating to grand juries; prohibiting certain actions by the district attorney and grand jurors; allowing a person who is investigated but not indicted to publicize that an indictment was not issued; allowing a witness to review his previous testimony under certain circumstances; removing the requirement that certain counties summon a grand jury; increasing the number of signatures required to petition for the summoning of a grand jury; making various other procedural changes; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 172 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. A district attorney shall not use a grand jury to discover tangible, documentary or testimonial evidence to assist in the prosecution of a defendant who has already been charged with the public offense by indictment or information.
Sec. 3. During a grand jury proceeding, the district attorney and the grand jurors shall not:
1. Question an attorney or his employee regarding matters which he has learned during a legitimate investigation for his client.
2. Issue a subpena for the production of the private notes or other matters representing work done by the attorney or his employee regarding the legal services which the attorney provided for a client.
Sec. 4. After a grand jury investigation is concluded:
1. A person who was the subject of the investigation but against whom an indictment was not returned; or
2. A district attorney, with the permission of that person, may make public the fact that no indictment was issued as a result of the grand jurys investigation.
Sec. 5. A person who:
1. Is called to testify before a grand jury; and
2. Has testified regarding the same matter at another time before the same or another grand jury,
may, upon his request, review the transcript or recording of his prior testimony before he testifies again.
Sec. 6. NRS 172.095 is hereby amended to read as follows:
172.095 1. The grand jury being impaneled and sworn, must be charged by the court. In doing so, the court shall [give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. The court need not, however, charge them respecting the violation of any particular statute.
2. In its charge to the grand jury, the court shall inform them] :
(a) Give the grand jurors such information as is required by law and any other information it deems proper regarding their duties and any charges for public offenses returned to the court or likely to come before the grand jury.
κ1985 Statutes of Nevada, Page 1029 (CHAPTER 367, SB 107)κ
any other information it deems proper regarding their duties and any charges for public offenses returned to the court or likely to come before the grand jury.
(b) Inform the grand jurors of the provisions of NRS 172.245 and the penalties for its violation.
(c) Give each regular and alternate grand juror a copy of the charges.
(d) Inform the grand jurors that the failure of a person to exercise his right to testify as provided in section 3 of chapter 134, Statutes of Nevada 1985, must not be considered in their decision of whether or not to return an indictment.
2. Before seeking an indictment, or a series of similar indictments, the district attorney shall inform the grand jurors of the specific elements of any public offense which they may consider as the basis of the indictment or indictments.
Sec. 7. NRS 172.195 is hereby amended to read as follows:
172.195 1. [The] Except as otherwise provided in section 3 of this act, the grand jury may issue subpenas, subscribed by the foreman or by the deputy or temporary foreman when acting for him, for witnesses within the state and for the production of books, papers or documents.
2. The grand jury shall orally inform any witness so subpenaed of the general nature of the grand jurys inquiry before the witness testifies. Such a statement must be included in the transcript of the proceedings.
Sec. 8. NRS 172.215 is hereby amended to read as follows:
172.215 1. Whenever criminal causes are being investigated by the grand jury, it shall appoint a certified shorthand reporter. If he is not an official district court reporter, he shall, before entering upon his duties, take and subscribe the constitutional oath of office. He [shall] is entitled to receive the same compensation for his services as an official district court reporter.
2. Except as otherwise provided in subsection 3, the certified shorthand reporter shall include in the notes he takes of a grand jury proceeding all criminal matters which come before the grand jury including:
(a) The charge by the impaneling judge;
(b) Any subsequent instructions or statements made by the judge;
(c) Each statement made by the district attorney;
(d) Each question asked of and response given by the witnesses who appear before the grand jury; and
(e) Any statements made by the grand jurors during the proceeding.
3. The certified shorthand reporter shall not include in his notes:
(a) Any confidential communication between a witness and his legal counsel, when the legal counsel is allowed to accompany the witness before the grand jury; and
(b) The deliberations and voting of the grand jury.
κ1985 Statutes of Nevada, Page 1030 (CHAPTER 367, SB 107)κ
Sec. 9. NRS 172.255 is hereby amended to read as follows:
172.255 1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors.
2. The jurors shall vote separately on each person and each count included in a presentment or indictment.
3. The presentment or indictment [shall] must be returned by the grand jury to a judge in open court or, in the absence of the judge, to the clerk of the court in open court, who shall determine that 12 or more jurors concurred in finding a presentment or indictment. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
[2.] 4. The failure to indict [shall not, however,] does not prevent the same charge from being again submitted to a grand jury [or as often as the court shall so direct. But, without such direction, it shall not be again submitted.] if resubmission is approved by the court.
Sec. 10. NRS 174.335 is hereby amended to read as follows:
174.335 1. [A] Except as otherwise provided in section 3 of this act, a subpena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein.
2. The court on motion made promptly may quash or modify the subpena if compliance would be unreasonable or oppressive.
3. The court may direct that books, papers, documents or objects designated in the subpena be produced before the court at a time [prior to] before the trial [prior to] before the time when they are to be offered in evidence and may , upon their production , permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.
Sec. 11. NRS 178.572 is hereby amended to read as follows:
178.572 1. In any investigation before a grand jury, or any preliminary examination or trial in any court of record, the court on motion of the state may order that any material witness be released from all liability to be prosecuted or punished on account of any testimony or other evidence he may be required to produce.
2. Any motion, hearing or order regarding the immunity of a grand jury witness must not be made public before an indictment or presentment is issued in the case.
Sec. 12. NRS 6.110 is hereby amended to read as follows:
6.110 1. In any county having a population of [30,000] 100,000 or more, the selection of persons as proposed grand jurors must be made in the manner prescribed in this section upon notice from any district judge as often as the public interest may require and at least once in each 4 years. The clerk of the court under the supervision of the district judge presiding over the impaneling of the grand jury shall select at random the names of at least 500 qualified persons to be called as prospective grand jurors. The clerk shall then prepare and mail to each person whose name was selected a questionnaire prepared by the district judge stating the amount of pay, the estimated time required to serve and the duties to be performed.
κ1985 Statutes of Nevada, Page 1031 (CHAPTER 367, SB 107)κ
person whose name was selected a questionnaire prepared by the district judge stating the amount of pay, the estimated time required to serve and the duties to be performed. Each recipient of the questionnaire must be requested to complete and return the questionnaire, indicating thereon his willingness and availability to serve on the grand jury. The clerk shall continue the selection of names and mailing of questionnaires until a panel of 100 persons who are willing to serve is established.
2. A list of the names of persons who indicated their willingness to serve as grand jurors must be made by the clerk of the court and a copy furnished to each district judge. The district judges shall meet within 15 days thereafter and shall, in order of seniority, each select one name from the list until [36] 50 persons have been selected. A list of the names of the persons selected as proposed grand jurors must be made by the clerk, certified by the district judges making the selection and filed in the clerks office. The clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the proposed grand jurors to attend in court at such time as the district judge directs.
3. The sheriff shall summon the proposed grand jurors, and the district judge presiding over the impaneling of the grand jury shall select at random from their number 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors. If for any reason eight or more proposed grand jurors fail to appear, additional proposed grand jurors sufficient to complete the panel of grand jurors and alternates must be selected from the list of prospective grand jurors by the district judge presiding over the impaneling, and the persons so selected must be summoned to appear in court at such time as he directs.
4. Every person named in the venire as a grand juror must be served by the sheriff mailing a summons to the person commanding him to attend as a juror at a time and place designated therein. The summons must be registered or certified and deposited in the post office addressed to the person at his usual mailing address. The receipt of the person so addressed for the registered or certified summons must be regarded as personal service of the summons upon him and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.
5. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. An alternate must be served by the sheriff in the manner provided in subsection 4.
Sec. 13. NRS 6.120 is hereby amended to read as follows:
6.120 1. In any county having a population of less than [30,000,] 100,000, the county clerk under the supervision of the district judge, shall randomly select the names of 50 qualified persons to serve as prospective grand jurors. The county clerk shall then prepare and mail to each person whose name was selected a questionnaire drawn up by the district judge or presiding district judge, where applicable, stating the amount of pay, the estimated time required to serve, and the duties to be performed.
κ1985 Statutes of Nevada, Page 1032 (CHAPTER 367, SB 107)κ
mail to each person whose name was selected a questionnaire drawn up by the district judge or presiding district judge, where applicable, stating the amount of pay, the estimated time required to serve, and the duties to be performed. Each recipient of the questionnaire shall be requested to return the questionnaire, indicating on it his willingness to serve on the jury. The county clerk shall continue the selection of names and mailing of questionnaires until a panel of 36 persons who are willing to serve is established. The requirement of subsection 1 of NRS 6.110 that a grand jury must be called at least once in every 4 years does not apply to the county unless the district judge otherwise directs. A list of the names of the 36 persons who indicate their willingness to serve as grand jurors must be made and certified by the county clerk and filed in the county clerks office, and the clerk shall immediately issue a venire, directed to the sheriff of the county, commanding him to summon the persons willing to serve as grand jurors to attend in court at such time as the district judge may have directed.
2. The sheriff shall summon the grand jurors, and out of the number summoned each district judge in rotation according to seniority, shall select one name from the venire until 17 persons to constitute the grand jury and 12 persons to act as alternate grand jurors are chosen.
3. Every person named in the venire as a grand juror shall be served by the sheriff mailing a summons to that person commanding him to attend as a juror at a time and place designated therein, which summons shall be registered or certified and deposited in the post office addressed to the person at his usual post office address. The receipt of the person addressed for the registered or certified summons must be regarded as personal service of the summons upon that person and no mileage may be allowed for service. The postage and fee for registered or certified mail must be paid by the sheriff and allowed him as other claims against the county.
4. If for any reason a person selected as a grand juror is unable to serve on the grand jury until the completion of its business, the district judge shall select one of the alternate grand jurors to serve in his place. The alternate shall be served by the sheriff in the manner provided in subsection 3.
Sec. 14. NRS 6.130 is hereby amended to read as follows:
6.130 1. [In any county it shall be mandatory to] The district judge shall summon a grand jury whenever a verified petition is presented to the clerk of the district court containing the signatures of [75 registered voters or the signatures of] registered voters equal in number to [5] 25 percent of the number of voters voting within the county at the last preceding general election [, whichever number of signatures is the greater, specifically setting] which specifically sets forth the fact or facts constituting the necessity of convening a grand jury.
2. In any county, if the statute of limitations has not run against the person offending, the district judge may summon a grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least 2 additional persons has been filed with the clerk of the district court, setting forth reasonable evidence upon which a belief is based that there has been a misappropriation of public [funds] money or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present.
κ1985 Statutes of Nevada, Page 1033 (CHAPTER 367, SB 107)κ
with the clerk of the district court, setting forth reasonable evidence upon which a belief is based that there has been a misappropriation of public [funds] money or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present. The district judge shall act upon the affidavit or petition within 5 days. If he fails or refuses to recall or summon a grand jury, the affiant or petitioner may proceed as provided in NRS 6.140.
3. If there is a grand jury in recess, the court shall recall that grand jury. Otherwise, a new grand jury [shall] must be summoned.
Sec. 15. NRS 22.110 is hereby amended to read as follows:
22.110 [When] 1. Except as otherwise provided in subsection 2, when the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he [shall have performed it, and in that case the act shall] performs it. The required act must be specified in the warrant of commitment.
2. A person so imprisoned as a result of his failure or refusal to testify before a grand jury may be imprisoned in the county jail for a period not to exceed 6 months or until that grand jury is discharged, whichever is less.
Sec. 16. Sections 6 and 7 of this act become effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 295Committee on Commerce and Labor
CHAPTER 368
AN ACT relating to homeopathy; clarifying the scope of practice; revising provisions regulating the qualifications for licensure and for membership on the board of homeopathic examiners; raising certain fees for licensure; increasing the number of members serving on the board; authorizing the board to assess an applicant for the cost of any additional investigation concerning his qualifications; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630A.090 is hereby amended to read as follows:
630A.090 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state or county where they reside.
κ1985 Statutes of Nevada, Page 1034 (CHAPTER 368, SB 295)κ
licensed in this state, and who are legally qualified to practice in the state or county where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
Sec. 2. NRS 630A.100 is hereby amended to read as follows:
630A.100 The board of homeopathic examiners consists of [five] seven members appointed by the governor. After the initial terms, the term of office of each member is 4 years.
Sec. 3. NRS 630A.110 is hereby amended to read as follows:
630A.110 1. Four members of the board must be persons licensed to practice allopathic or osteopathic medicine in [this state] any state or country, the District of Columbia or a territory or possession of the United States who have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the state.
2. The remaining [member] members must be [a resident] residents of Nevada who:
(a) [Is] Are not licensed in any state to practice any healing art [.
(b) Is] ;
(b) Are not actively engaged in the administration of any health and care facility [.
(c) Does] ; and
(c) Do not have a pecuniary interest in any matter pertaining to [the healing arts,] any health and care facility, except as a patient or potential patient.
3. The members of the board must be selected without regard to their individual political beliefs.
4. As used in this section:
(a) Health and care facility has the meaning ascribed to it in NRS 449.007.
(b) Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
Sec. 4. NRS 630A.120 is hereby amended to read as follows:
630A.120 1. Upon expiration of his term of office, a member shall continue to serve until a person qualified under this chapter is appointed as his successor.
2. If a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.
κ1985 Statutes of Nevada, Page 1035 (CHAPTER 368, SB 295)κ
the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.
Sec. 5. NRS 630A.220 is hereby amended to read as follows:
630A.220 1. It is unlawful for any person [to] :
(a) To practice homeopathic medicine ;
(b) To hold himself out as qualified to practice homeopathic medicine; or
(c) To use in connection with his name the words or letters H.M.D. or any other title, word, letter or other designation intended to imply or designate him as a practitioner of homeopathic medicine,
in this state without first obtaining a license so to do as provided in this chapter.
2. A physician licensed pursuant to this chapter who holds a degree such as doctor of medicine or doctor of osteopathy may identify himself by that degree or its appropriate abbreviation, but unless he is also licensed pursuant to chapter 630 or 633 of NRS must further identify himself by the words practitioner of homeopathic medicine or their equivalent.
Sec. 6. NRS 630A.230 is hereby amended to read as follows:
630A.230 1. Every person desiring to practice homeopathic medicine shall, before beginning to practice, procure from the board a license authorizing such practice.
2. A license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States ; [.]
(b) Is licensed to practice allopathic or osteopathic medicine [and has] in any state or country, the District of Columbia or a territory or possession of the United States;
(c) Has completed 6 months of postgraduate training approved by the board [.] ; and
(d) Meets additional requirements established by the board.
Sec. 7. NRS 630A.320 is hereby amended to read as follows:
630A.320 1. The board may issue to a qualified applicant a limited license to practice homeopathic medicine as a resident homeopathic physician in a postgraduate program of clinical training if:
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and:
(1) [Has received a homeopathic certificate of the Educational Commission for Foreign Medical Graduates; or
(2)] Is a citizen of the United States [and has] or is lawfully entitled to remain and work in the United States; and
(2) Has completed 1 year of supervised clinical training approved by the board.
(b) The board approves the program of clinical training, and if the medical school or other institution sponsoring the program provides the board with written confirmation that the applicant has been appointed to a position in the program.
κ1985 Statutes of Nevada, Page 1036 (CHAPTER 368, SB 295)κ
board with written confirmation that the applicant has been appointed to a position in the program.
2. In addition to the requirements of subsection 1, an applicant who is a graduate of a foreign medical school must have received the standard certificate of the Educational Commission for Foreign Medical Graduates.
3. The board may issue [such a] this limited license for not more than 1 year, but may renew the license.
[3.] 4. The holder of [such a] this limited license may practice homeopathic medicine only in connection with his duties as a resident physician and shall not engage in the private practice of homeopathic medicine.
[4.] 5. A limited license granted under this section may be revoked by the board at any time for [reasons deemed sufficient by the board.] any of the grounds set forth in NRS 630A.340.
Sec. 8. NRS 630A.330 is hereby amended to read as follows:
630A.330 1. [Each] Except as provided in subsection 4, each applicant for a license to practice homeopathic medicine must [pay] :
(a) Pay a fee of [$250.] $300; and
(b) Pay the cost of obtaining such further evidence and proof of qualifications as the board may require pursuant to subsection 2 of NRS 630A.240.
2. Each applicant who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request, refund a portion of the application fee not to exceed $100. There must be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a license issued under the provisions of NRS 630A.310 or 630A.320, must pay a fee not to exceed [$50,] $75, as determined by the board, and must pay a fee of [$10] $25 for each renewal of the license.
5. The fee for the renewal of a license, as determined by the board, must not exceed [$100] $200 per year and must be collected for the year in which a homeopathic physician is licensed.
6. The fee for the restoration of a suspended license is twice the amount of the fee for the renewal of a license at the time of the restoration of the license.
Sec. 9. NRS 630.020 is hereby amended to read as follows:
630.020 1. Practice of medicine means:
(a) To diagnose, treat, correct or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality.
(b) To apply principles or techniques of medical science in the diagnosis or the prevention of any of the conditions listed in paragraph (a).
(c) To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in paragraphs (a) and (b).
κ1985 Statutes of Nevada, Page 1037 (CHAPTER 368, SB 295)κ
2. It shall also be regarded as practicing medicine within the meaning of this chapter if anyone uses in connection with his name the words or letters M.D., or any other title, word, letter, or other designation intended to imply or designate him as a practitioner of medicine in any of its branches [.] , except in the manner authorized by NRS 630A.220.
Sec. 10. The initial terms of the two additional members of the board of homeopathic medical examiners authorized by this act expire on June 30, 1987. The term of office for a person appointed to either of those positions after that date is 4 years.
Sec. 11. Sections 2 and 5 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 447Committee on Government Affairs
CHAPTER 369
AN ACT relating to the theft of energy; providing civil and criminal remedies; providing a penalty; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any public utility, except a community antenna television company, may bring a civil action for damages against any person who willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service or product provided by the public utility by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;
(b) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied,
and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.
2. There is a rebuttable presumption that the person responsible for payment for the delivery of the service or product of a public utility, except a community antenna television company, to any premises caused or had knowledge of any act specified in subsection 1 if he:
κ1985 Statutes of Nevada, Page 1038 (CHAPTER 369, AB 447)κ
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of such service or product to the premises.
3. The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
4. Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
Sec. 2. NRS 704.800 is hereby amended to read as follows:
704.800 1. [Every person who willfully, and with intent to injure or defraud:
(a) Opens, breaks into, taps or connects with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any water, gas, irrigation, electric or power company or corporation, or belonging to or used by any other person, persons or association, or by the state, or by any county, city, district or municipality, and takes and removes therefrom or allows to flow or be taken or be removed therefrom any water, gas, electricity or power belonging to another; or
(b) Connects a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person, persons or association, in such manner as to take therefrom water, gas, electricity or power for any purpose or use, without passing through the meter or instrument or other means provided for registering the quantity consumed or used,
is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property removed, altered or damaged and in no event less than a misdemeanor; and such person is also liable to the person, persons, association or corporations, or the owner or user whose property is injured, in a sum equal to treble the amount of actual damages sustained thereby.
2. In any prosecution under subsection 1, proof that any of the acts therein forbidden were done on or about the premises occupied by the defendant charged with the commission of such an offense, or that he received the use or benefit of such water, gas, electricity or power by reason of the commission of any such acts, is prima facie evidence of the guilt of such defendant.] It is unlawful for a person to obtain any water, gas, electricity, power or other service, goods or product provided by a public utility, except a community antenna television company, with intent to avoid payment therefor, by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the state, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricity or power belonging to another;
κ1985 Statutes of Nevada, Page 1039 (CHAPTER 369, AB 447)κ
flow or be taken therefrom any water, gas, electricity or power belonging to another;
(b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;
(c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water, gas, electricity or power used or supplied; or
(d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.
2. If the value of the service involved or the property damaged or stolen is:
(a) Five hundred dollars or more, a person violating the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Less than $500, a person violating the provisions of this section is guilty of a misdemeanor.
In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.
3. This section applies when the service involved either originates or terminates, or both originates and terminates, in this state, or when the charges for the service would have been billable in the normal course by a person providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
________
κ1985 Statutes of Nevada, Page 1040κ
Senate Bill No. 333Committee on Transportation
CHAPTER 370
AN ACT relating to traffic laws; clarifying the requirements for warning lamps on tow cars; revising certain provisions concerning the safety of persons riding in motor vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.261 is hereby amended to read as follows:
484.261 1. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, or a vehicle escorting a funeral procession, may:
(a) [Park or stand the vehicle without regard to the provisions of this chapter.
(b)] Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
[(c)] (b) Exceed any speed limits so long as he does not endanger life or property, except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.
[(d)] (c) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in procession in a similar manner and may direct the movements of other vehicles.
2. The privileges granted in [this section] subsection 1 apply only when the vehicle is making use of audible and visual signals as required by law.
3. The driver of an authorized emergency vehicle or an official vehicle of a regulatory agency may park or stand without regard to the provisions of this chapter if he makes use of a warning lamp.
4. The provisions of this section do not relieve the driver from the duty to drive with due regard for the safety of all persons and do not protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 2. NRS 484.475 is hereby amended to read as follows:
484.475 1. A person shall not board or alight from any vehicle while [such vehicle] it is in motion.
2. A person shall not open the door of or board or alight from the side of a vehicle which is closest to passing traffic in such a manner as to interfere with moving vehicular traffic.
3. A person shall not leave open a door on the side of a vehicle which is closest to passing traffic longer than is necessary for immediate loading or unloading of passengers or cargo.
κ1985 Statutes of Nevada, Page 1041 (CHAPTER 370, SB 333)κ
Sec. 3. NRS 484.493 is hereby amended to read as follows:
484.493 [The Nevada highway patrol] A police officer shall remove and destroy, or cause to be removed and destroyed, all red , blue or amber lights and all sirens unlawfully installed or operated.
Sec. 4. NRS 484.589 is hereby amended to read as follows:
484.589 Whenever a motor vehicle is being operated on the traveled portion of the highway, or shoulder adjacent thereto, during the times specified in NRS 484.545, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
1. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, [such] the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subsection 2 of NRS 484.587, shall be deemed to avoid glare at all times, regardless of road contour and loading.
2. Whenever the driver of a vehicle follows another vehicle within 300 feet to the rear [, except when engaged in the act of overtaking and passing, such] , the driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subsection 1 of NRS 484.587.
Sec. 5. NRS 484.633 is hereby amended to read as follows:
484.633 Tow cars used to tow disabled vehicles[shall] must be equipped with [flashing] :
1. Flashing amber warning lamps which [shall] must be displayed as may be advisable to warn approaching drivers during the period of preparation at the location from which a disabled vehicle is to be towed. A flashing amber warning lamp upon a tow car may be displayed to the rear when [such] the tow car is towing a vehicle and moving at a speed slower than the normal flow of traffic.
2. At least two red flares, two red lanterns or two warning lights or reflectors which may be used in conjunction with the flashing amber warning lamps or in place of those lamps if the lamps are obstructed or damaged at the location from which a disabled vehicle is to be towed.
Sec. 6. NRS 484.635 is hereby repealed.
Sec. 7. Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1042κ
Assembly Bill No. 341Committee on Judiciary
CHAPTER 371
AN ACT relating to corporations; simplifying the procedure for reorganization under an order in federal court after bankruptcy; requiring that the secretary of state be notified when applications for bankruptcy, dissolution or receivership are filed; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. If a corporation is under reorganization in a federal court pursuant to Title 11 of U.S.C., it may take any action necessary to carry out any proceeding and do any act directed by the court relating to reorganization, without further action by its directors or stockholders. This authority may be exercised by:
(a) The trustee in bankruptcy appointed by the court;
(b) Officers of the corporation designated by the court; or
(c) Any other representative appointed by the court,
with the same effect as if exercised by the directors and stockholders of the corporation.
2. By filing a certified copy of the confirmed plan of reorganization with the secretary of state, the corporation may:
(a) Alter, amend or repeal its bylaws;
(b) Constitute or reconstitute and classify or reclassify its board of directors;
(c) Name, constitute or appoint directors and officers in place of or in addition to all or some of the directors or officers then in office;
(d) Amend its articles of incorporation;
(e) Make any change in its authorized and issued capital stock;
(f) Make any other amendment, change, alteration or provision authorized by this chapter; and
(g) Be dissolved, transfer all or part of its assets or merge or consolidate or make any other change authorized by this chapter.
3. In any action taken pursuant to subsections 1 and 2, a stockholder has no right to demand payment for his stock.
4. Any amendment of the articles of incorporation made pursuant to subsection 2 must be signed under penalty of perjury by the person authorized by the court and filed with the secretary of state. If the amendment is filed in accordance with the order of reorganization, it becomes effective when it is filed unless otherwise ordered by the court.
5. Any filing with the secretary of state pursuant to this section must be accompanied by the appropriate fee, if any.
κ1985 Statutes of Nevada, Page 1043 (CHAPTER 371, AB 341)κ
Sec. 3. Within 30 days after the filing of a petition in bankruptcy pursuant to Title 11 of U.S.C., the corporation shall file with the secretary of state a notice of that filing, specifying:
1. The date of the filing;
2. The name and address of the court where the petition was filed; and
3. The number assigned to the case by the court.
Sec. 4. Within 30 days after a corporation is notified that a creditor or stockholder has applied to the court for the appointment of a receiver or trustee for the corporation, the corporation shall file with the secretary of state a notice of that application, specifying:
1. The date of the application;
2. The name and address of the court where the application was filed; and
3. The number assigned to the case by the court.
Sec. 5. Within 30 days after a corporation is notified that a creditor or stockholder has applied to the court for an order dissolving the corporation pursuant to NRS 78.650, the corporation shall file with the secretary of state a notice of that application, specifying:
1. The date of the application;
2. The name and address of the court in which the application was filed; and
3. The number assigned to the case by the court.
________
Assembly Bill No. 710Assemblyman Arberry
CHAPTER 372
AN ACT relating to professional engineers; removing the exemption from the licensing requirements for nonresidents temporarily in this state; requiring the payment of a fee for registration; authorizing the imposition of fines; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section to read as follows:
The board may require any person:
1. Whose certificate authorizing the person to practice professional engineering has expired; or
2. Who has been the subject of a disciplinary proceeding before the board,
to pass a written examination as a condition of reinstating or renewing his certificate.
κ1985 Statutes of Nevada, Page 1044 (CHAPTER 372, AB 710)κ
Sec. 2. NRS 625.180 is hereby amended to read as follows:
625.180 1. Any citizen of the United States or any person who is lawfully entitled to remain and work within the United States, [being] and is over the age of 21 years, may apply to the board for examination, under its rules, for registration as a professional engineer.
2. [No] A person is not eligible for registration as a professional engineer [who] if he is not of good character and reputation.
3. [No] An applicant for registration as a professional engineer is not entitled to take the examination unless:
(a) He is a graduate from an approved course in engineering of 4 years or more in a school or college approved by the board as of satisfactory standing, and has a specific record of an additional 4 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of [such] engineering work; or
(b) He has a specific record of 8 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that he is competent to be placed in responsible charge of [such] engineering work.
4. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to 1 year of active experience.
5. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to 2 years of active experience.
6. [No applicant shall] An applicant may not receive credit for more than 4 years of active experience because of educational qualifications.
7. The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active experience in engineering work.
8. Any person having the necessary qualifications prescribed in this chapter to entitle him to registration is eligible for registration although he may not be practicing his profession at the time of making his application.
9. A person applying for registration within a specific branch of professional engineering must have 2 years experience working under the direct supervision of a person who is registered in the branch in which the applicant is seeking to become registered.
Sec. 3. NRS 625.210 is hereby amended to read as follows:
625.210 1. The board shall issue a certificate of registration to any applicant who [,] has paid a fee for registration fixed by the board not exceeding $150 and who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
κ1985 Statutes of Nevada, Page 1045 (CHAPTER 372, AB 710)κ
2. The certificate authorizes the practice of professional engineering, followed by the branch or branches for which he is qualified.
3. Certificates of registration must:
(a) Show the full name of the registrant.
(b) Have a registration number.
(c) Be signed by the chairman and the secretary under seal of the board.
4. The issuance of a certificate of registration by the board is evidence that the person named in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains valid.
Sec. 4. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application and payment of an applicant fee fixed by the board not exceeding $100, issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners Committee on National Engineering Certification, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three [members of the board] professional engineers registered by the board may be required of such persons and a written examination may be required at the discretion of the board.
Sec. 5. NRS 625.230 is hereby amended to read as follows:
625.230 1. Each registrant [shall,] must, upon registration, obtain a seal of the design authorized by the board, bearing the registrants name and the legend Registered Professional Engineer [(] followed by the branch or branches for which he is qualified . [).]
2. Plans, specifications, plats and reports issued by a registrant [shall] must be stamped with the seal when filed with public authorities, during the life of the registrants certificate, but it is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the registrant named thereon has expired or has been revoked, unless the certificate has been renewed or reissued.
3. A rubber stamp which produces in ink the same design and information required under subsection 1 may be used in lieu of the prescribed seal.
4. It is unlawful for a registrant to sign, stamp or seal any plans, specifications, plats or reports which were not prepared by him or for which he did not have responsible charge of the work.
5. Each sheet of plans prepared in the course of the practice of a particular branch of professional engineering which is submitted to a public agency must be stamped and signed by a person qualified to practice in the branch of professional engineering which was involved in the preparation of that sheet.
κ1985 Statutes of Nevada, Page 1046 (CHAPTER 372, AB 710)κ
practice in the branch of professional engineering which was involved in the preparation of that sheet.
Sec. 6. NRS 625.410 is hereby amended to read as follows:
625.410 The board may [revoke the certificate of registration of] take disciplinary action against any registrant for any of the following reasons:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a registered land surveyor.
3. Aiding or abetting any person in the violation of any provision of this chapter.
4. A felony or any crime involving moral turpitude.
5. A violation of the rules or code of conduct adopted by the board under this chapter.
6. Revocation or suspension of the registrants certificate or license to practice in any other jurisdiction for any of the reasons enumerated in this section.
Sec. 7. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, a majority of the members of the board vote in favor of finding the accused registrant guilty, the board may:
1. Revoke the certificate of registration of [such] the registered professional engineer or registered land surveyor; [or]
2. Suspend the license or place the registrant on probation for such periods as it deems necessary [.] ;
3. Fine the registrant not more than $1,000; or
4. Take such other disciplinary action as the board deems appropriate.
Sec. 8. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons are exempt from the provisions of this chapter which require registration:
1. [A person not a resident of and having no established place of business in this state, or who has recently become a resident of this state, practicing or offering to practice the profession of engineering in this state for more than 30 days in any calendar year, if:
(a) He shall have filed an application with the board for a certificate of registration and paid the fee required by this chapter, or filed an application with and received from the board a permit for a definite period of time for each job on which he works, and paid the fee required by this chapter; and
(b) He is legally qualified to practice the profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter.
The exemption shall continue only for such time as the board requires for the consideration of the application for registration.
κ1985 Statutes of Nevada, Page 1047 (CHAPTER 372, AB 710)κ
2.] Any subordinate of a registered professional engineer of this state insofar as he acts as a subordinate.
[3.] 2. Officers and employees of the United States Government who have qualified under federal regulations and have been authorized to do engineering for the Federal Government, but no such governmental officer or employee may engage in the private [engineering] practice of engineering in Nevada unless he is [duly] registered under the law.
Sec. 9. NRS 625.520 is hereby amended to read as follows:
625.520 1. It is unlawful for:
(a) Any person, firm, partnership or corporation not properly licensed or exempted under the provisions of this chapter to:
(1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any branch thereof;
(2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, engineer, engineering, engineered, professional engineer or licensed engineer; or
(3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
(e) Any person to impersonate falsely any other registrant of like or different name.
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Whenever any person is engaging or is about to engage in any acts or practices which constitute a violation of this chapter, the district court in any county, if the court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against such acts or practices pursuant to Rule 65 of the Nevada Rules of Civil Procedure.
3. This section does not prevent a contractor licensed under the provisions of chapter 624 of NRS from using the term engineer or engineering if the term is used by the state contractors board in describing a specific classification.
4. Subparagraph (2) of paragraph (a) of subsection 1 does not apply to any foreign corporation [,] whose securities are publicly traded and regulated pursuant to the Securities and Exchange Act of 1934 [,] and which does not engage in professional engineering.
κ1985 Statutes of Nevada, Page 1048 (CHAPTER 372, AB 710)κ
to any foreign corporation [,] whose securities are publicly traded and regulated pursuant to the Securities and Exchange Act of 1934 [,] and which does not engage in professional engineering.
5. Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.
Sec. 10. NRS 329.210 is hereby amended to read as follows:
329.210 Any surveyor who fails to comply with the provisions of this chapter is guilty of gross negligence, incompetency or misconduct in the practice of land surveying as a registered land surveyor and [may have his certificate as a registered land surveyor revoked pursuant to NRS 625.410 or, at the boards discretion, may be fined not more than $500.] is subject to disciplinary action pursuant to NRS 625.460.
________
Senate Bill No. 493Committee on Human Resources and Facilities
CHAPTER 373
AN ACT relating to public schools; requiring a hearing officer appointed to hear cases concerning certificated employees to complete a course in administrative law; extending the term served by that officer; increasing the compensation for that officer; removing the requirement for appointment of a certain number of those officers; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.3161 is hereby amended to read as follows:
391.3161 1. There is hereby created a list of hearing officers [comprising not less than 50 Nevada resident] comprised of residents of this state who are attorneys at law . [, including retired judges.] The state board [of education] shall make appointments to the list after nominations have been made by the State Bar of Nevada and the Nevada Trial Lawyers Association. Each nominee appointed to the list must have completed a course of instruction in administrative law, relating to the the provisions of this chapter, offered by the state board. This course must consist of at least 4 hours of instruction in a classroom.
2. Each appointment to the list is for a term of [2] 6 years or until resignation or removal for cause by the state board . [of education. Vacancies shall] Vacancies must be filled in the same manner as original appointments.
3. Hearing officers may be selected from a list provided by the American Arbitration Association of arbitrators who are available upon request, if the employee and the superintendent have so agreed in writing at least 5 school days before the list is requested. Selection of a hearing officer through the services of the American Arbitration Association must be accomplished in the same manner as described in subsection 2 of NRS 288.200. The employee and the board shall each pay half of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.
κ1985 Statutes of Nevada, Page 1049 (CHAPTER 373, SB 493)κ
of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.
4. A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in subsection 1 of NRS 391.312.
Sec. 2. NRS 391.3192 is hereby amended to read as follows:
391.3192 1. As soon as possible after the time of his designation, the hearing officer shall hold a hearing to determine whether the grounds for the recommendation are substantiated.
2. The superintendent of public instruction shall furnish the hearing officer with any assistance which is reasonably required to conduct the hearing, and the hearing officer may require witnesses to give testimony under oath and produce evidence relevant to the investigation.
3. The certificated employee and superintendent are entitled to be heard, to be represented by [counsel] an attorney and to call witnesses in their behalf.
4. The hearing officer is entitled to be reimbursed for his reasonable actual expenses and to receive [a salary of not more than $150 per day] compensation for actual time served [.] at a rate of $60 per hour.
5. If requested by the hearing officer, an official transcript [shall] must be made.
6. The board and the certificated employee are equally responsible for the [expense and salary of] expense of and compensation for the hearing officer and the expense of the official transcript.
7. The state board [of education] shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence do not apply [.] to this hearing.
________
Senate Bill No. 353Committee on Commerce and Labor
CHAPTER 374
AN ACT relating to life insurance; removing the limit on the rate of interest for the repayment of a loan at the time of reinstatement of a policy; extending period for reinstatement of policy of industrial life insurance; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 688A.130 is hereby amended to read as follows:
688A.130 There [shall] must be a provision that unless:
1. The policy has been surrendered for its cash surrender value; [or]
2. Its cash surrender value has been exhausted; or
3. The paid-up term insurance, if any, has expired,
the policy will be reinstated at any time within 3 years [(or 2 years in the case of industrial life insurance policies) from] after the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears and any interest due thereon and the payment or reinstatement of any other indebtedness to the insurer upon the policy [, all with interest at a rate not exceeding 6 percent per annum compounded annually.]
κ1985 Statutes of Nevada, Page 1050 (CHAPTER 374, SB 353)κ
the case of industrial life insurance policies) from] after the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears and any interest due thereon and the payment or reinstatement of any other indebtedness to the insurer upon the policy [, all with interest at a rate not exceeding 6 percent per annum compounded annually.] including any interest due thereon.
________
Senate Bill No. 244Committee on Commerce and Labor
CHAPTER 375
AN ACT relating to banks; enlarging the purposes for which they may invest in real property; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 662 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, capital accounts means capital stocks, permanent surplus and retained earnings.
Sec. 3. 1. A bank may invest in real property for development, directly or through partnerships, joint ventures or other indirect methods. Any such investment must not exceed the market value or appraisal as evidenced by a report prepared within 120 days before the investment by a member of a society approved collectively by the administrator or by another appraiser so approved individually. Approval must be based on the independence, experience and training required of or possessed by the appraiser.
2. Within 30 days after such an investment is made, the bank must file with the administrator:
(a) A certified copy of at least one report of the appraisal of the real property in which the investment is made; and
(b) The report of a title insurance company which contains the transfers of title which occurred during a period of at least 3 years immediately preceding the investment and the amount of consideration, if available, given for each transfer.
3. A bank may not invest in real property for development, exclusive of investments allowed under paragraphs (a) and (b) of subsection 2 of NRS 662.015 and of real property acquired through the collection of debts due to the bank, an amount which exceeds its capital accounts or 10 percent of its assets, whichever is less. The administrator may require a statement from the bank disclosing whether any director, officer or employee of the bank has a direct or indirect interest in the real property involved or has had any such interest at any time during the preceding 3 years.
κ1985 Statutes of Nevada, Page 1051 (CHAPTER 375, SB 244)κ
preceding 3 years. Ownership of stock in a corporation which has an interest is an interest of the stockholder. Failure to make any such required disclosure is unlawful.
Sec. 4. NRS 662.015 is hereby amended to read as follows:
662.015 1. In addition to the powers conferred by law upon private corporations, a bank may:
(a) Exercise by its board of directors or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. [Loans secured by real property must not exceed 80 percent of the appraised value of the real property, nor may those loans have a maturity date in excess of 30 years.] At the time of making loans, banks may take and receive interest or discounts in advance . [where the effective rates of interest or discounts collected do not exceed the maximum rates of interest as provided by law.]
(b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.
(c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.
(d) Receive money for transmission.
(e) Establish and become a member of a clearing house association and pledge assets required for its qualification.
(f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the administrator.
(g) Provide for the performance of the services of a bank service corporation , [services,] such as data processing [service] and bookkeeping, subject to any regulations which may be adopted by the administrator.
2. A bank may purchase, hold and convey real property : [for the following purposes:]
(a) Such as is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion which investment must not exceed 60 percent of its capital accounts plus subordinated capital notes and debentures; but the administrator may, in his discretion, authorize any bank located in a city having a population of more than 5,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures. [As used in this paragraph capital accounts means capital stocks, permanent surplus and retained earnings.]
(b) Such as is mortgaged to it in good faith by way of security for loans made or money due to the bank.
(c) Such as is permitted by section 3 of this act.
κ1985 Statutes of Nevada, Page 1052 (CHAPTER 375, SB 244)κ
3. Nothing in this section prohibits any bank from holding , developing or disposing of any real property it may acquire through the collection of debts due it; but that real property may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the administrator may require.
________
Assembly Bill No. 558Committee on Commerce
CHAPTER 376
AN ACT relating to contractors; changing the title of the secretary; deleting the limit on the per diem allowed members of the board; requiring that a contractor include the number of his license in his advertising; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.120 is hereby amended to read as follows:
624.120 The board shall adopt a seal for its own use. The seal [shall] must have imprinted thereon the words State Contractors Board, State of Nevada. The executive officer has the care and custody of the seal . [shall be in the hands of the secretary.]
Sec. 2. NRS 624.140 is hereby amended to read as follows:
624.140 If money becomes available from the operations of this chapter and payments made for licenses, the board may pay therefrom:
1. The expenses of the operations of this chapter, including the maintenance of offices.
2. The salary of [a secretary of the board] the executive officer who must be named by the board.
3. A salary to each member of the board of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
4. Actual expenses of each member of the board for subsistence and lodging, [not to exceed $25 per day,] and actual expenses of each member for transportation, while traveling on business of the board.
Sec. 3. NRS 624.170 is hereby amended to read as follows:
624.170 1. Any member of the board or the [secretary] executive officer may take testimony and proofs concerning all matters within the jurisdiction of the board.
2. The board or any member thereof, or the [secretary, shall have power:
(a) To administer] executive officer, may:
(a) Administer oaths.
κ1985 Statutes of Nevada, Page 1053 (CHAPTER 376, AB 558)κ
(b) [To certify] Certify to all official acts.
(c) [To issue] Issue subpenas for attendance of witnesses and the production of books and papers.
Sec. 4. NRS 624.3013 is hereby amended to read as follows:
624.3013 The following acts, among others, constitute cause for disciplinary action [under] pursuant to NRS 624.300:
1. Failure to [make] keep records showing all contracts, documents, [records,] receipts and disbursements by a licensee of all of his transactions as a contractor and to keep them open for inspection by the board or [secretary of the board] executive officer for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.
2. Misrepresentation of a material fact by an applicant or licensee in obtaining a license, or in connection with any information or evidence furnished the board in connection with official [board matters.] matters of the board.
3. Failure to establish financial responsibility [as determined in the manner provided by] pursuant to NRS 624.220 and 624.260 to 624.265, inclusive, at the time of renewal of the license or at any other time when required by the board.
4. Failure to keep in force the bond or cash deposit [required by] pursuant to NRS 624.270 for the full period required by the board.
5. Failure in any material respect to comply with the provisions of this chapter or the [rules and] regulations of the board.
Sec. 5. NRS 624.3017 is hereby amended to read as follows:
624.3017 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently published before January 1, 1985.
2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
________
κ1985 Statutes of Nevada, Page 1054κ
Senate Bill No. 263Senators Ryan and OConnell
CHAPTER 377
AN ACT relating to local governments; requiring the filing of detailed reports of expenditures for public inspection; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
Each local government shall file in the office of the clerk or secretary of its governing body, for public record and inspection:
1. A copy of its final budget; and
2. A report of its proposed expenditures for the following fiscal year, written in the same detail as its chart of accounts. The total amount of these expenditures must equal the total amount of expenditures contained in its final budget for each department and fund listed in that budget.
Sec. 2. NRS 354.596 is hereby amended to read as follows:
354.596 1. On or before March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget and a copy of the local governments report of its proposed expenditures for the following fiscal year must be filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
The report must be written in the same detail as its chart of accounts. The total amount of the expenditures contained in this report equal the total amount of expenditures contained in its tentative budget for each department and fund listed in that budget.
2. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.
(c) The places where copies of the tentative budget are on file and available for public inspection.
3. Budget hearings must be held:
(a) For county budgets, on the 3rd Monday in April;
(b) For cities, on the 3rd Tuesday in April;
κ1985 Statutes of Nevada, Page 1055 (CHAPTER 377, SB 263)κ
(c) For school districts, on the 3rd Wednesday in April; and
(d) For all other local governments, on the 3rd Thursday in April; except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
4. On or before March 15, a copy of the tentative budget and notice of public hearing must be submitted:
(a) To the department of taxation; and [also]
(b) In the case of school districts, to the state department of education.
5. The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.
6. Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 434Committee on Government Affairs
CHAPTER 378
AN ACT relating to contractors; allowing an investigator of the board to serve process; allowing a masters license to be issued on the basis of a state license; limiting the qualification of one person on behalf of another; reducing the retention of a bond after it is excused; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.180 is hereby amended to read as follows:
624.180 1. In any hearing [in any part of the state] the process issued by the board [shall] may extend to all parts of the state and may be served by an investigator for the board or any person authorized to serve process of courts of record.
2. [The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed] The board may compensate any person serving the process who is not an investigator for the board, but not more than the fees prescribed by law for similar service . [, and such fees shall] The fees must be paid in the same manner [as provided in this section for the payment of the fees of witnesses.
κ1985 Statutes of Nevada, Page 1056 (CHAPTER 378, AB 434)κ
3. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpenaed.
4. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board, his fees and mileage shall be paid from the funds of the board in the same manner] as other expenses of the board are paid.
Sec. 2. NRS 624.240 is hereby amended to read as follows:
624.240 1. Under reasonable [rules and] regulations adopted by the board, the board may investigate, classify and qualify applicants for contractors licenses by written or oral examinations, or both, and [is authorized to] may issue contractors licenses to qualified applicants. The examinations may, in the discretion of the board, be given in specific classifications only.
2. If a natural person passes the technical examination given by the board on or after July 1, 1985, to qualify him for a classification established pursuant to this chapter, demonstrates to the board the degree of experience and knowledge required in the regulations of the board, and is granted a license, he is qualified for a masters license, if issued by any political subdivision, in the classification for which the examination was given, if the examination required him to demonstrate his knowledge and ability to:
(a) Utilize and understand;
(b) Direct and supervise work in compliance with; and
(c) Perform and apply any calculations required to ensure that work performed is in compliance with,
the applicable codes, standards and regulations.
3. If a natural person qualified for a license before July 1, 1985, in accordance with NRS 624.260 in a trade for which a masters license is required by any political subdivision, and if the license is active on or after July 1, 1985, and if the person so qualified wishes to obtain a masters license, he must pass either the appropriate examination given by the board on or after July 1, 1985, in accordance with NRS 624.260 and the regulations of the board, or the examination given by the political subdivision in the trade for which a masters license is required.
Sec. 3. NRS 624.260 is hereby amended to read as follows:
624.260 1. The board shall require an applicant to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the rudimentary principles of the contracting business as the board [shall deem] deems necessary for the safety and protection of the public.
2. An applicant may qualify in regard to his experience and knowledge in the following ways:
(a) If [an individual,] a natural person, he may qualify by personal appearance or by the appearance of his responsible managing employee.
κ1985 Statutes of Nevada, Page 1057 (CHAPTER 378, AB 434)κ
appearance or by the appearance of his responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of [such] the applicant firm.
3. The [individual] natural person qualifying on behalf of [an individual or firm] another natural person or firm under paragraphs (a) and (b) of subsection 2 [shall allege and] must prove that he is a bona fide member or employee of [such individual or firm] that person or firm and [at all times,] when his principal or employer is actively engaged as a contractor [,] shall exercise [and be in a position to exercise] authority in connection with his principal or employers contracting business in the following manner:
(a) To make technical and administrative decisions ; [.]
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or through others, or effectively to recommend such action on behalf of his principal or employer [.] ; and
(c) To devote himself solely to his principal or employers business and not to take any other employment which would conflict with his duties under this subsection.
4. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which he qualifies; or
(b) One licensee owns at least 25 percent of the other licensee.
Sec. 4. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before granting an original contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such a bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of [such] the requirement as provided in this section.
3. Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke [,] or refuse to renew a license.
4. The amount of each bond or cash deposit required by this section must be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $50,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force.
κ1985 Statutes of Nevada, Page 1058 (CHAPTER 378, AB 434)κ
bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board subsequent to termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting this requirement. If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn [5] 2 years after such relief is granted, if there is no outstanding claim against it.
________
Assembly Bill No. 159Committee on Commerce
CHAPTER 379
AN ACT relating to insurance; prohibiting the delivery of group annuities to certain groups; providing for coordination of benefits for group insurance; requiring certain notices to employees concerning group insurance; modifying provisions for giving certain notices; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680A.070 is hereby amended to read as follows:
680A.070 A certificate of authority [shall not be] is not required of an insurer with respect to any of the following:
1. Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer , [(] other than collection of new premiums , [),] all as resulting from its former authorized operations in this state.
2. Except as provided in subsection 2 of NRS 680A.060, transactions thereunder subsequent to issuance of a policy covering only subjects of insurance not resident, located or expressly to be performed in this state at time of issuance, and lawfully solicited, written and delivered outside this state.
3. Prosecution or defense of suits at law [; but] , except that no insurer unlawfully transacting insurance in this state without a certificate of authority [shall be permitted to] may institute or maintain , [(] other than defend , [)] any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until [such] the insurer or assignee or successor has obtained a certificate of authority.
κ1985 Statutes of Nevada, Page 1059 (CHAPTER 379, AB 159)κ
insurer unlawfully transacting insurance in this state without a certificate of authority [shall be permitted to] may institute or maintain , [(] other than defend , [)] any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until [such] the insurer or assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the duly constituted receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS . [(conservation, rehabilitation and liquidation).]
4. Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS . [(surplus lines).]
5. A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.
6. Reinsurance, except as to a domestic reinsurer.
7. Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance [,] or to a group approved pursuant to section 7 of this act, and where the policyholder is domiciled or otherwise has a bona fide situs.
Sec. 2. Chapter 688A of NRS is hereby amended by adding thereto a new section to read as follows:
No group annuity may be delivered or issued for delivery in this state to a group which was principally formed for the purpose of purchasing one or more group annuities.
Sec. 3. NRS 689A.040 is hereby amended to read as follows:
689A.040 1. Except as provided in subsections 2 and 3, each such policy delivered or issued for delivery to any person in this state [shall] must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, and 689A.230 in the words in which the [same] provisions appear, except that the insurer may, at its option, substitute for one or more of [such] the provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision [shall] must be preceded individually by the applicable caption shown, or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
2. Each policy delivered or issued for delivery in this state after November 1, 1973, [shall] must contain a provision, if applicable, setting forth the provisions of NRS 689A.045.
3. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, [shall] may omit from [such] the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
κ1985 Statutes of Nevada, Page 1060 (CHAPTER 379, AB 159)κ
from [such] the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
Sec. 4. NRS 689A.180 is hereby amended to read as follows:
689A.180 Except as provided in NRS 689A.040, no such policy delivered or issued for delivery to any person in this state [shall] may contain provisions respecting the matters set forth in NRS 689A.190 to 689A.220, inclusive, and 689A.240 to 689A.280, inclusive, unless [such] the provisions are in the words in which the [same] provisions appear in the applicable section, except that the insurer may, at its option, use in lieu of any such provision a corresponding provision of different wording approved by the commissioner which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy [shall] must be preceded individually by the appropriate caption or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
Sec. 5. (Deleted by amendment.)
Sec. 6. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.
Sec. 7. 1. Except as provided in this section, no policy of group health insurance may be delivered or issued for delivery in this state to a group which was formed for the purpose of purchasing one or more policies of group health insurance.
2. A policy of group health insurance may be delivered to a group described in subsection 1 if the commissioner approves the issuance. The commissioner must not grant his approval unless he finds that:
(a) The benefits of the policy are reasonable in relation to the premiums charged; and
(b) The group to which the policy is issued is organized and operated in a fiscally sound manner.
3. An insurer may exclude or limit the coverage in a policy issued pursuant to this section of any person as to whom evidence of insurability is not satisfactory to the insurer.
4. The provisions of this section apply to the offering in this state of a policy issued in another state.
Sec. 8. Every policy of group health insurance must contain a provision which reduces the insurers liability because of benefits under other valid group coverage. To the extent authorized by the commissioner, such a provision may include subrogation.
Sec. 9. NRS 689B.120 is hereby amended to read as follows:
689B.120 1. All [group health insurance policies] policies of group health insurance delivered or issued for delivery in this state providing for hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense-incurred basis must contain a provision that the employee or member is entitled to have issued to him by the insurer a policy of health insurance when the employee or member is no longer covered by the group policy.
κ1985 Statutes of Nevada, Page 1061 (CHAPTER 379, AB 159)κ
2. The requirement in subsection 1 does not apply to policies providing benefits only for specific diseases or accidental injuries, and it applies to other policies only if:
(a) The termination of coverage under the group policy is not due to termination of the group policy itself unless the termination of the group policy has resulted from failure of the policyholder to remit the required premiums;
(b) The termination is not due to failure of the employee or member to remit any required contributions;
(c) The employee or member has been continuously insured under [the] any group policy of the employer for at least 3 consecutive months immediately before the termination; and
(d) The employee or member applies in writing for the converted policy and pays his first premium to the insurer no later than 31 days after the termination.
Sec. 10. NRS 689B.200 is hereby amended to read as follows:
689B.200 A notification of the conversion privilege must be included in each certificate of coverage. A written notice of the existence of the conversion privilege must also be given by the policyholder to the employee or member at least 15 days before the expiration of the 31 days permitted a person to make a written application for the converted policy. The insurer shall prepare the notice in a form approved by the commissioner and give the notice to the policyholder for distribution to the employees or members. If written notice of the right to convert is not given as required under this section, an additional period must be allowed the person to apply for the converted policy. The additional period expires 15 days after written notice of the conversion privilege has been given, or 60 days after the expiration of the 31-day period, whichever is earlier.
Sec. 11. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has issued a motor vehicle liability policy, the insurance so issued must not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance has been [received by] mailed first class or delivered to the insured and, if the insurance carrier has certified the policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the division. A policy subsequently procured and certified , [must,] on the effective date of its certification, [terminate] terminates the insurance previously certified with respect to any motor vehicle designated in both certificates. If the effective date of the termination is within 3 years after the date of reinstatement of a license, registration or privilege, the division shall suspend the license and registration or privilege.
Sec. 12. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. 1. If an employer is the policyholder of a policy of group life or health insurance which covers his employees, he shall notify the employees of:
κ1985 Statutes of Nevada, Page 1062 (CHAPTER 379, AB 159)κ
(a) Any reduction or substantial modification of benefits under the policy; and
(b) Any change of insurer.
2. The notice must be:
(a) Given at least 10 days before the change in benefits or insurers; and
(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.
Sec. 14. If an employer is the policyholder of a policy of group life or health insurance which covers his employees, he shall give each employee upon the termination of his employment written notice of his right to be issued by the insurer a policy of life or health insurance to replace the group policy.
Sec. 15. NRS 608.158 is hereby amended to read as follows:
608.158 1. If an employer is the policyholder of a policy of group life or health insurance which covers his employees, he shall notify the employees of his inability to pay a premium when due or of his intention to stop paying premiums. The notice must be:
(a) Given at least [30] 10 days before the coverage will cease; and
(b) Conspicuously posted at the place of employment or given in another manner which ensures that all employees will receive the information.
2. An employer is liable to an employee for any money deducted from the employees wages for the payment of premiums on a policy of group life or health insurance if the money was not so used.
Sec. 16. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 143Committee on Commerce and Labor
CHAPTER 380
AN ACT relating to insurers; authorizing the commissioner of insurance to prescribe the form of records maintained by insurers; requiring notification of violations of the laws governing insurers; providing the commissioner with immunity from liability for certain publications; authorizing the appointment of disinterested hearing officers; requiring a separate license for certain representatives of corporations; authorizing the commissioner to increase the requirements for an agents, brokers or solicitors license; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1985 Statutes of Nevada, Page 1063 (CHAPTER 380, SB 143)κ
Sec. 2. The commissioner may adopt regulations which prescribe the method for maintaining the records of insurers and the period for which the records must be maintained.
Sec. 3. 1. Every insurer, agent, solicitor, broker, administrator or other person who has knowledge of a violation of any provision of this code shall promptly report the facts and circumstances pertaining to the violation to the commissioner.
2. If a person who submits information pursuant to subsection 1 so requests, the commissioner shall keep the persons name and the information confidential.
Sec. 4. 1. The commissioner and the employees of the division, in the absence of fraud or bad faith, are not subject to civil liability for publishing any report or bulletin related to the official activities of the commissioner or the division.
2. This section does not abrogate or modify any privilege or immunity which applies to the commissioner or the employees of the division.
Sec. 5. NRS 679B.330 is hereby amended to read as follows:
679B.330 1. The commissioner may hold a hearing in Carson City, Nevada, or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner, [or] his deputy or assistant, or a person appointed by the commissioner, shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.
2. The commissioner may appoint a person who is not associated with the division to conduct a hearing if the hearing requires a disinterested or impartial hearing officer. A person so appointed shall comply with the provisions which govern hearings conducted by the commissioner. An order issued by such a person has the same effect as an order issued by the commissioner.
3. Testimony may be taken orally or by deposition, and any party [shall have such right of introducing] has the same right to introduce evidence by interrogations or deposition as [may obtain] he would have in a district court.
[3.] 4. Upon good cause shown , the commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons, not original parties thereto, whose pecuniary interests are to be directly and immediately affected by the commissioners order made upon the hearing.
[4.] 5. The commissioner shall cause a [full stenographic] record of the proceedings to be made. If transcribed, a copy of [such record shall] the record must be part of the commissioners record of the hearing [;] and a copy [shall] must be furnished to any other party to the hearing, at the request and expense of [such] the other party. If no such record is transcribed, the commissioner shall prepare a summary record of the proceedings and evidence.
Sec. 6. NRS 680B.050 is hereby amended to read as follows:
680B.050 1. Except as otherwise provided in this [subsection,] section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office, as defined in subsection 2, is entitled to the following credits and deductions against the tax otherwise imposed by NRS 680B.027:
κ1985 Statutes of Nevada, Page 1064 (CHAPTER 380, SB 143)κ
section, a domestic or foreign insurer which owns and substantially occupies and uses any building in this state as its home office or as a regional home office, as defined in subsection 2, is entitled to the following credits and deductions against the tax otherwise imposed by NRS 680B.027:
(a) An amount equal to 50 percent of the aggregate amount of the tax as determined under NRS 680B.025 to 680B.039, inclusive; and
(b) An amount equal to the full amount of ad valorem taxes paid by the insurer during the calendar year next preceding the filing of the report required by NRS 680B.030, upon the home office or regional home office together with the land, as reasonably required for the convenient use of the office, upon which the home office or regional home office is situated.
These credits and deductions must not reduce the amount of tax payable to less than 20 percent of the tax otherwise payable by the insurer under NRS 680B.027.
2. For the purposes of this section a regional home office means an office of the insurer performing for an area covering [three] two or more states, with a minimum of 25 employees on its office staff, the [sales] supervision, underwriting, issuing and servicing of the insurance business of the insurer . [, including also the following related functions: Actuarial, medical (where required), law, approval or rejection of applications for insurance and issuance of policies thereon, approval of payment of claims, maintenance of records to provide policyholder information and service, advertising, publications, public relations and supervision and training of sales and service personnel.]
3. The insurer shall on or before March 1 of each year furnish proof to the commissioners satisfaction, on forms furnished by or acceptable to the commissioner, as to its entitlement to the tax reduction provided for in this section.
4. [Tax credit or reduction is allowed only with respect to calendar years during the entirety of which the insurer owned, occupied and used its home office or regional home office in this state.] An insurer is not entitled to the credits and deductions provided in this section unless:
(a) The insurer owned the property upon which the reduction is based for the entire year for which the reduction is claimed; and
(b) The insurer occupied at least 70 percent of the usable space in the building to transact insurance.
5. If two or more insurers under common ownership or management and control jointly own in equal interest, and jointly occupy and use such a home office or regional home office in this state for the conduct and administration of their respective insurance businesses as provided in this section, each of the insurers is entitled to the credits and [reductions] deductions provided for by this section if otherwise qualified therefor under this section.
Sec. 7. NRS 683A.130 is hereby amended to read as follows:
683A.130 1. For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agents, brokers or solicitors license except in compliance with this chapter.
κ1985 Statutes of Nevada, Page 1065 (CHAPTER 380, SB 143)κ
brokers or solicitors license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must:
(a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:
(1) An agent brought into this state by an insurer to replace an agent disabled, deceased or [terminated;] dismissed; or
(2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers.
(b) Be at least 18 years of age.
(c) If he applies for or holds an agents license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.
(d) If he applies for or holds a solicitors license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.
(e) If he applies for or holds a brokers license, have had experience as an agent, solicitor, managing general agent, adjuster or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.
(f) Be competent, trustworthy and financially responsible.
(g) Pass any examination required for the license under this chapter.
(h) Successfully complete any course of instruction which the commissioner requires by regulation.
2. The commissioner shall not differentiate between persons entitled to act as agents, on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.
3. The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for the recovery fund.
Sec. 8. NRS 683A.220 is hereby amended to read as follows:
683A.220 1. If the commissioner finds that the application is complete, [that] and the applicant has passed all required examinations , completed any required course of instruction, paid any required fee and is otherwise qualified for the license applied for, he shall promptly issue the license. Otherwise, the commissioner shall refuse to issue the license and promptly notify the applicant and the appointing insurer (if the application is for an agents or managing general agents license) or the employer (if the application is for a solicitors license) of [such] his refusal, stating the grounds [thereof. But] therefor. The issuance of a license to a nonresident agent or nonresident broker otherwise fully qualified therefor [is discretionary with the commissioner, and can] may be refused by the commissioner on any reasonable ground.
2. If the license is refused, the commissioner shall promptly refund the applicable appointment fee tendered with the application for the license.
κ1985 Statutes of Nevada, Page 1066 (CHAPTER 380, SB 143)κ
license. The application fee shall be deemed earned when paid and [shall] may not be refunded.
Sec. 9. NRS 684A.080 is hereby amended to read as follows:
684A.080 1. A firm or corporation may be licensed either as an independent adjuster or public adjuster. [If a firm, each] Each general partner and each other [individual] natural person to act for the firm [under the license, and if a corporation each individual] , or each natural person to act for the corporation [under the license, shall] , must be named in the license or registered with the commissioner, and [shall] must qualify as [though he were] an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name. The commissioner shall charge [and the licensee shall pay] a full additional [license] fee for each [respective individual in excess of the one] natural person named in or registered as to the license.
2. Transaction of business under the license must be within the purposes stated in the firms partnership agreement or the corporations charter.
3. The licensee shall promptly notify the commissioner in writing of all changes among its members, directors, officers and other [individuals] natural persons designated in or registered as to the license.
Sec. 10. NRS 684B.040 is hereby amended to read as follows:
684B.040 1. [The] An applicant for a license as a motor vehicle physical damage appraiser shall file a written application therefor with the commissioner on forms prescribed and furnished by the commissioner. As part of, or in connection with, the application the applicant shall furnish information as to his identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the commissioner to determine the applicants eligibility and qualifications for the license.
2. If the applicant is a firm or corporation, the application [shall also] must show the names of all members of the firm , [members,] all corporate officers and directors, and [shall] must designate each [individual] natural person who is to exercise the license powers. Each such member, officer, director and [individual shall furnish information to the commissioner as though applying for an individual license.] natural person must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name.
3. The application [shall] must be accompanied by the applicable license fee as specified in NRS 680B.010 . [(fee schedule).] The commissioner shall charge a separate fee for each person authorized to act for a firm or corporation.
4. [No] An applicant for [such] a license shall not willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.
κ1985 Statutes of Nevada, Page 1067 (CHAPTER 380, SB 143)κ
Sec. 11. NRS 686B.010 is hereby amended to read as follows:
686B.010 1. [This chapter shall] The legislature intends that NRS 686B.010 to 686B.175, inclusive, be liberally construed to achieve the purposes stated in subsection 2, which [shall] constitute an aid and guide to interpretation but not an independent source of power.
2. The purposes of [this chapter] NRS 686B.010 to 686B.175, inclusive, are to:
(a) Protect policy holders and the public against the adverse effects of excessive, inadequate or unfairly discriminatory rates;
(b) Encourage, as the most effective way to produce rates that conform to the standards of paragraph (a), independent action by and reasonable price competition among insurers;
(c) Provide formal regulatory controls for use if independent action and price competition fail;
(d) Authorize cooperative action among insurers in the rate-making process, and to regulate such cooperation in order to prevent practices that tend to bring about monopoly or to lessen or destroy competition;
(e) Encourage the most efficient and economic marketing practices; and
(f) Regulate the business of insurance in a manner that will preclude application of federal antitrust laws.
Sec. 12. NRS 686B.020 is hereby amended to read as follows:
686B.020 [In this chapter, unless contrary to context:] As used in NRS 686B.010 to 686B.175, inclusive, unless the context otherwise requires:
1. Market segment means any line or kind of insurance or, if it is described in general terms, any subdivision thereof or any class of risks or combination of classes.
2. Rate service organization means any person, other than an employee of an insurer, who assists insurers in rate making or filing by:
(a) Collecting, compiling and furnishing loss or expense statistics;
(b) Recommending, making or filing rates or supplementary rate information; or
(c) Advising about rate questions, except as an attorney giving legal advice.
3. Supplementary rate information includes any manual or plan of rates, statistical plan, classification, rating schedule, minimum premium, policy fee, rating rule, [rate-related underwriting] rule of underwriting relating to rates and any other information prescribed by rule of the commissioner.
Sec. 13. NRS 686B.030 is hereby amended to read as follows:
686B.030 [This chapter] NRS 686B.010 to 686B.175, inclusive, applies to all kinds and lines of direct insurance written on risks or operations in this state by any insurer authorized to do business in this state, except:
1. Ocean marine insurance;
2. Workmens compensation insurance;
κ1985 Statutes of Nevada, Page 1068 (CHAPTER 380, SB 143)κ
3. Contracts issued by fraternal benefit societies;
4. Life insurance and credit life insurance;
5. Variable and fixed annuities; and
6. Group and blanket health insurance and credit health insurance.
Sec. 14. NRS 686B.040 is hereby amended to read as follows:
686B.040 The commissioner may by rule exempt any person or class of persons or any market segment from any or all of the provisions of [this chapter,] NRS 686B.010 to 686B.175, inclusive, if and to the extent that he finds their application unnecessary to achieve the purposes of [this chapter.] those sections.
Sec. 15. NRS 686B.080 is hereby amended to read as follows:
686B.080 Each filing and any supporting information filed under [this chapter shall,] NRS 686B.010 to 686B.175, inclusive, must, as soon as filed, be open to public inspection at any reasonable time. Copies may be obtained by any person on request and upon payment of a reasonable charge therefor.
Sec. 16. NRS 686B.100 is hereby amended to read as follows:
686B.100 1. If the commissioner finds that competition is not an effective regulator of the rates charged or that a substantial number of companies are competing irresponsibly through the rates charged, or that there are widespread violations of [this chapter,] NRS 686B.010 to 686B.175, inclusive, in any kind or line of insurance or subdivision thereof or in any rating class or rating territory, he may promulgate a rule requiring that in the kind or line of insurance or subdivision thereof or rating class or rating territory comprehended by the finding any subsequent changes in the rates or supplementary rate information be filed with him at least 15 days before they become effective. He may extend the waiting period for not to exceed 15 additional days by written notice to the filer before the first 15-day period expires.
2. By rule, the commissioner may require the filing of supporting data as to any or all kinds or lines of insurance or subdivisions thereof or classes of risks or combinations thereof as he deems necessary for the proper functioning of the rate monitoring and regulation process. The supporting data [shall] must include:
(a) The experience and judgment of the filer, and, to the extent it wishes or the commissioner requires, of other insurers or rate service organizations;
(b) Its interpretation of any statistical data relied upon;
(c) Descriptions of the actuarial and statistical methods employed in setting the rates; and
(d) Any other relevant matters required by the commissioner.
3. A rule promulgated under subsection 1 [shall expire no] must expire not more than 1 year after issue. The commissioner may renew the rule if he deems it necessary.
4. Whenever a filing is not accompanied by such information as the commissioner has required under subsection 2, he may so inform the insurer and the filing shall be deemed to be made when the information is furnished.
κ1985 Statutes of Nevada, Page 1069 (CHAPTER 380, SB 143)κ
Sec. 17. NRS 686B.120 is hereby amended to read as follows:
686B.120 The commissioner may by order require that a particular insurer file any or all of its rates and supplementary rate information 15 days [prior to] before their effective date, if and to the extent that he finds, after a hearing, that the protection of the interests of its insureds and the public in this state requires closer supervision of its rates because of the insureds financial condition or rating practices. He may extend the waiting period for any filing for not to exceed 15 additional days by written notice to the insurer before the first 15-day period expires. A filing not disapproved before the expiration of the waiting period shall be deemed to meet the requirements of [this chapter,] NRS 686B.010 to 686B.175, inclusive, subject to the possibility of subsequent disapproval under NRS 686B.110.
Sec. 18. NRS 686B.130 is hereby amended to read as follows:
686B.130 1. [No] A rate service organization shall not provide any service relating to the rates of any insurance subject to [this chapter, and no] NRS 686B.010 to 686B.175, inclusive, and an insurer shall not utilize the services of [such] an organization for such purposes unless the organization has obtained a license under NRS 686B.140.
2. [No] A rate service organization shall not refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.
Sec. 19. NRS 686B.180 is hereby amended to read as follows:
686B.180 1. If the commissioner finds after a hearing that in any part of this state any essential insurance coverage is not readily available in the voluntary market, and that the public interest requires such availability, he may by regulation promulgate plans to provide such insurance coverages for any risks in this state which are equitable entitled to but otherwise unable to obtain such coverage, or may call upon [the industry] insurers to prepare plans for his approval. Such plans may also include any kind of reinsurance that is unavailable and that would facilitate making essential insurance coverage available where it would otherwise not be available.
2. The plan promulgated or prepared under subsection 1 [shall:] must:
(a) Give consideration to the need for adequate and readily accessible coverage, [to] alternative methods of improving the market affected, [to] the preferences of the insurers and agents, [to] the inherent limitations of the insurance mechanism, [to] the need for reasonable underwriting standards, and [to] the requirement of reasonable loss-prevention measures;
(b) Establish procedures that will create minimum interference with the voluntary market;
(c) Spread the burden imposed by the facility equitably and efficiently [within the industry;] among insurers; and
κ1985 Statutes of Nevada, Page 1070 (CHAPTER 380, SB 143)κ
(d) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.
3. Each plan [shall] must require participation by all insurers doing any business in this state of the kinds covered by the specific plan and all agents licensed to represent such insurers in this state for the specified kinds of business, except that the commissioner may exclude kinds of insurance, classes of insurers or classes of persons for administrative convenience or because it is not equitable or practicable to require them to participate in the plan.
4. The plan may provide for optional participation by insurers not required to participate under subsection 3.
5. Each plan [shall] must provide for the method of underwriting and classifying risks, making and filing rates, adjusting and processing claims and any other insurance or investment function that is necessary for the purpose of providing essential insurance coverage.
6. In providing for the recoupment of deficits which may be incurred in the plan, an option [shall] must be offered to an insured each policy year to pay a capital stabilization charge which [shall] must not exceed 100 percent of the premium charged to the insured in that year. The commissioner shall determine the amount of the charge from appropriate factors of loss experience and risk associated with the plan and the insured. An insured who pays the stabilization charge [shall] must not be required to pay any assessment to recoup a deficit in the plan incurred in any policy year for which the charge is paid. The plan [shall] must provide for the return to the insured of so much of his payment as remains after all actual or potential liabilities under the policy have been discharged.
7. The plan [shall] must specify the basis of participation and assessment of insurers as necessary and [shall] must provide for the participation of agents and the conditions under which risks must be accepted.
8. Every participating insurer and agent shall provide to any person seeking coverages of kinds available in the plans the services prescribed in the plans, including full information on the requirements and procedures for obtaining coverage under the plans whenever the business is not placed in the voluntary market.
9. The plan [shall] must specify what commission rates [shall] must be paid for business placed in the plans.
10. If the commissioner finds that the lack of cooperating insurers or agents in an area makes the functioning of the plan difficult, he may order that the plan set up a branch service office or take other appropriate steps to insure that service is available.
[11. The existing assigned risk plan set up under former NRS 694.390 shall continue unless changed in accordance with this chapter.]
Sec. 20. NRS 692C.210 is hereby amended to read as follows:
692C.210 1. The commissioner shall approve any merger or other acquisition of control referred to in NRS 692C.180 unless, after a public hearing thereon, he finds that:
κ1985 Statutes of Nevada, Page 1071 (CHAPTER 380, SB 143)κ
acquisition of control referred to in NRS 692C.180 unless, after a public hearing thereon, he finds that:
(a) After the change of control the domestic insurer referred to in NRS 692C.180 would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;
(b) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in this state or tend to create a monopoly therein;
(c) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policy holders or the interests of any remaining security holders who are unaffiliated with [such] the acquiring party;
(d) The terms of the offer, request, invitation, agreement or acquisition referred to in NRS 692C.180 are unfair and unreasonable to the security holders of the insurer;
(e) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policy holders of the insurer and not in the public interest; or
(f) The competence, experience and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policy holders of the insurer and of the public to permit the merger or other acquisition of control.
2. The public hearing referred to in subsection 1 [shall] must be held within [30 days] a reasonable time after the statement required by NRS 692C.180 has been filed, and at least 20 days notice thereof [shall] must be given by the commissioner to the person filing the statement. Not less than 7 days notice of [such] the public hearing [shall] must be given by the person filing the statement to the insurer and to such other persons as may be designated by the commissioner. The insurer shall give such notice to its security holders. The commissioner shall make a determination within 30 days after the conclusion of [such] the hearing. At [such] the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby [shall have the right to] may present evidence, examine and cross-examine witnesses, and offer oral and written arguments and in connection therewith [shall be entitled to] may conduct discovery proceedings in the same manner as is presently allowed in the district court of this state. All discovery proceedings [shall] must be concluded not later than 3 days [prior to] before the commencement of the public hearing.
Sec. 21. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
Societies are not exempt from the provisions of NRS 679B.158. If a society is an admitted health insurer, as that term is defined in NRS 449.450, it is not exempt from the fees imposed pursuant to NRS 449.465.
κ1985 Statutes of Nevada, Page 1072 (CHAPTER 380, SB 143)κ
Sec. 22. Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 145Committee on Commerce and Labor
CHAPTER 381
AN ACT relating to insurers; authorizing the commissioner of insurance to determine whether an insurer is insolvent; extending the regulation of funeral services; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 687A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Association means the Nevada insurance guaranty association created pursuant to NRS 687A.040.
Sec. 3. 1. Covered claim means an unpaid claim or judgment excluding a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer which becomes an insolvent insurer if one of the following conditions exists:
(a) The claimant or insured is a resident of this state at the time of the insured event.
(b) The property from which the claim arises is permanently located in this state.
2. The term does not include:
(a) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise.
(b) That part of a loss which would not be payable because of a provision for a deductible in the policy.
(c) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer.
(d) Any obligation to make a supplementary payment for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
Sec. 4. Insolvent insurer means an insurer which has been issued a certificate of authority by the commissioner to transact insurance in this state, either at the time the policy was issued or when the insured event occurred:
κ1985 Statutes of Nevada, Page 1073 (CHAPTER 381, SB 145)κ
1. Against which a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurers state of domicile or in Nevada; or
2. Which is involved in judicial proceeding in its state of domicile or in Nevada related to the determination of its solvency, rehabilitation or liquidation, if the court conducting those proceedings has issued an order prohibiting the insurer from paying claims for more than 30 days.
Sec. 5. Member insurer means any person, except a fraternal or nonprofit service corporation which:
1. Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance agreements of indemnity.
2. Is licensed to transact insurance in this state.
Sec. 6. Net direct written premiums means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums and dividends paid or credited to policy holders on such direct business. The term does not include premiums on contracts between insurers or reinsurers.
Sec. 7. If the association pays any claims on behalf of an insurer which is an insolvent insurer within the meaning of subsection 2 of section 4 of this act, the insurer may not accept any new business in this state until it has reimbursed the association for the payment of the claims, including the administrative expenses incurred by the association in acting upon and paying the claims.
Sec. 8. 1. The commissioner may conduct a hearing to determine whether an insurer is an insolvent insurer within the meaning of subsection 2 of section 4 of this act. The commissioner shall notify the insurer which is the subject of the hearing not less than 3 days before the hearing. The commissioner may consider any evidence at the hearing which he deems relevant to the determination of the solvency of the insurer.
2. The commissioner shall make his determination in writing within 15 days after the hearing. The commissioner shall adopt regulations governing hearings pursuant to this section.
Sec. 9. NRS 687A.030 is hereby amended to read as follows:
687A.030 As used in this chapter , unless the context otherwise requires [:
1. Association means the Nevada insurance guaranty association created pursuant to NRS 687A.040.
2. Commissioner means the commissioner of insurance.
3. Covered claim:
(a) Means an unpaid claim or judgment excluding unearned premium claims, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer, if the insurer becomes an insolvent insurer after May 5, 1971, and one of the following conditions exists:
(1) The claimant or insured is a resident of this state at the time of the insured event.
κ1985 Statutes of Nevada, Page 1074 (CHAPTER 381, SB 145)κ
(2) The property from which the claim arises is permanently located in this state.
(b) Does not include:
(1) Any amount due any reinsurer, insurer, insurance pool or underwriting association, as subrogation recoveries or otherwise;
(2) That part of a loss which would not be payable because of a deductible provision in the policy;
(3) Any claim filed with the association after the final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer; and
(4) Any supplementary payment obligation for adjustment or attorneys fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator unless the expenses would also be a valid claim against the insured.
4. Insolvent insurer means an insurer which has been issued a certificate of authority by the commissioner to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, against which a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurers state of domicile or in Nevada.
5. Member insurer means any person, except a fraternal or nonprofit service corporation who:
(a) Writes any kind of insurance to which this chapter applies, including the exchange of reciprocal or interinsurance agreements of indemnity.
(b) Is licensed to transact insurance in this state.
6. Net direct written premiums means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums and dividends paid or credited to policyholders on such direct business. The term does not include premiums on contracts between insurers and reinsurers.] , the words and terms defined in sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 10. NRS 687A.040 is hereby amended to read as follows:
687A.040 There is hereby created a nonprofit unincorporated legal entity to be known as the Nevada insurance guaranty association. All member insurers [as defined in subsection 5 of NRS 687A.030 shall be and remain] must be members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved pursuant to NRS 687A.070 and shall exercise its powers through a board of directors established under NRS 687A.050.
Sec. 11. NRS 687A.080 is hereby amended to read as follows:
687A.080 1. The commissioner shall:
(a) Notify the association of the existence of an insolvent insurer not later than 3 days after he receives notice of the determination of [the insolvency.]
κ1985 Statutes of Nevada, Page 1075 (CHAPTER 381, SB 145)κ
insolvency.] insolvency by a court or makes a determination of insolvency pursuant to section 8 of this act, whichever is earlier.
(b) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
2. The commissioner may:
(a) Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this chapter. Such notification [shall] must be by mail at their last known address, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation is sufficient.
(b) Suspend or revoke, after notice and opportunity for hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due. [Such fine shall] The fine must not exceed 5 percent of the unpaid assessment per month, except that no fine [shall] may be less than $100 per month.
(c) Revoke the designation of any servicing facility if he finds claims are being [processed] acted upon unsatisfactorily.
Sec. 12. Chapter 689 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The provisions of NRS 683A.450 to 683A.480, inclusive, and chapter 686A of NRS apply to agents and sellers.
2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to agent and seller.
________
Assembly Bill No. 496Assemblymen Humke, Roberts, Getto, Tebbs, Lambert and ODonnell
CHAPTER 382
AN ACT relating to guardians; providing for an appointment, without an order of a court, by a parent in military service; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A member of the Armed Forces of the United States, a reserve component thereof or the National Guard may, by written instrument and without the approval of a court, appoint any competent adult residing in this state as the guardian of the person of a minor child who is a dependent of that member.
κ1985 Statutes of Nevada, Page 1076 (CHAPTER 382, AB 496)κ
and without the approval of a court, appoint any competent adult residing in this state as the guardian of the person of a minor child who is a dependent of that member. The instrument must be:
(a) Executed by both parents if living, not divorced and having legal custody of the child, otherwise by the parent having legal custody; and
(b) Acknowledged in the same manner as a deed.
If both parents do not execute the instrument, the executing parent shall send by certified mail, return receipt requested, to the other parent at his last known address, a copy of the instrument and a notice of the provisions of subsection 3.
2. The instrument must contain a provision setting forth the:
(a) Branch of the Armed Forces;
(b) Unit of current assignment;
(c) Current rank or grade; and
(d) Social security number or service number,
of the parent who is the member.
3. The appointment of a guardian pursuant to this section:
(a) May be terminated by a written instrument signed by either parent of the child if that parent has not been deprived of his parental rights to the child; and
(b) Is terminated by any order of a court.
________
Assembly Bill No. 584Committee on Government Affairs
CHAPTER 383
AN ACT relating to public securities; authorizing compound interest; removing the obsolete reference to the Weekly Bond Buyer; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 99 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Bonds or other securities issued by this state or any of its political subdivisions may provide for the payment of compound interest. The amount of the compound interest must be treated as interest and not as an addition to the principal of the bond or other security.
2. If interest is compounded on some or all of an issue of securities, the total amount paid in each year as interest and redemption of principal, plus any amount paid into a sinking fund, must not exceed the amount which would be required to pay the interest and redeem the principal of those securities in equal installments over their term. This subsection does not prohibit or limit the payment of interest without redemption of principal during the construction of a project financed by the issuance of securities.
κ1985 Statutes of Nevada, Page 1077 (CHAPTER 383, AB 584)κ
Sec. 2. NRS 99.060 is hereby amended to read as follows:
99.060 1. As applied to bonds or other securities issued by this state or any political subdivision or municipal or public corporation of this state, effective interest rate means the interest rate based on the actual price paid to the public entity, calculated to maturity of the obligation according to standard tables of bond values.
2. When used in a limitation of the rate of interest upon such bonds or other securities, the Index of Twenty Bonds and the Index of Revenue Bonds refer to these indexes for municipal bonds as most recently published in the [Weekly Bond Buyer,] Credit Markets, at One State Street Plaza in New York City.
________
Assembly Bill No. 562Assemblyman Stone (by request)
CHAPTER 384
AN ACT relating to industrial insurance; excluding clergymen and similar functionaries from definition of employee; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.060 is hereby amended to read as follows:
616.060 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer or in an exhibition.
3. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
4. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
5. Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities.
6. Any clergyman, rabbi or lay reader in the service of a church, or any person occupying a similar position with respect to any other religion.
________
κ1985 Statutes of Nevada, Page 1078κ
Assembly Bill No. 332Committee on Government Affairs
CHAPTER 385
AN ACT relating to cities; extending to all cities the provision that if there is but one candidate for any office no election need be held; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
In any municipal election, if at 5 p.m. on the last day for filing an affidavit or declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election need be held for that office.
Sec. 2. NRS 266.629 is hereby amended to read as follows:
266.629 1. A general city election must be held in each city of the third class on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance.
2. There must be one mayor and three councilmen for each city of the third class, and it must be determined by ordinance passed after incorporation or after July 1, 1969, whether the terms of office of the mayor and the councilmen are to be 2 or 4 years and if it is determined to have terms of 4 years, whether the terms of office are to be staggered. If it is determined by ordinance that the terms of office shall be staggered, the mayor and the three councilmen holding office on the date of the ordinance shall decide by lot among themselves which two of their offices expire at the general election which next follows the date of the ordinance, and thereafter the terms of office must be 4 years.
3. A candidate for any office to be voted for at the general city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance.
4. Candidates for mayor must be voted upon by the electors of the city at large. Candidates for councilmen must be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of this chapter.
[5. If at 5 p.m. on the last day for filing an affidavit of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected and no election need be held for that office.]
κ1985 Statutes of Nevada, Page 1079 (CHAPTER 385, AB 332)κ
there is only one candidate for nomination for any office, that candidate must be declared elected and no election need be held for that office.]
________
Assembly Bill No. 580Committee on Judiciary
CHAPTER 386
AN ACT relating to the regulation of motor carriers; authorizing the designation of certain employees of the public service commission as peace officers; clarifying the requirements for the filing of an annual report by a contract motor carrier; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.155 is hereby amended to read as follows:
703.155 1. [The commission and its inspectors] The employees of the commission whom it designates as inspectors and as manager of transportation have police power for the enforcement of all regulations of the commission or the department of motor vehicles pertaining to chapters 704, 705 and 706 of NRS.
2. The [commission and its] commissions inspectors and the manager of transportation are peace officers for the enforcement of chapters 482, 704, 705 and 706 of NRS.
3. The [commission and its] commissions inspectors and the manager of transportation are peace officers for the enforcement of chapters 483 and 484 of NRS for vehicles which are regulated pursuant to chapter 706 of NRS.
4. Inspectors and the manager of transportation may carry firearms in the performance of their duties.
Sec. 2. NRS 706.431 is hereby amended to read as follows:
706.431 1. A permit may be issued to any applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of NRS 706.011 to 706.791, inclusive, and the lawful requirements and regulations thereunder; and
(b) The proposed operation will be consistent with the public interest and will not operate to defeat the legislative policy set forth in NRS 706.151.
2. An application [shall] must be denied if the provisions of subsection 1 are not met.
3. The commission shall revoke or suspend pursuant to the provisions of chapter 703 of NRS the permit of a contract motor carrier which has failed to file the annual report required in NRS 703.191 within 60 days after the report is due.
κ1985 Statutes of Nevada, Page 1080 (CHAPTER 386, AB 580)κ
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 617Assemblymen Roberts, Francis, Lambert, Zimmer, Thomas, Ham, Joerg, Getto, ODonnell, Rader, Fairchild, Marvel, Little, Sedway, Williams, Malone, Bogaert, Price, McGaughey, DuBois, Kerns, Stone, Beyer, Thompson, Nicholas, Horne, Arberry, Tebbs, Coffin and Bilyeu
CHAPTER 387
AN ACT relating to labor; allowing a person to inspect certain records concerning his employment or referrals for employment; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 607 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any person or governmental entity who employs and has under his direction and control any person for wages or under a contract of hire, or any labor organization referring a person to an employer for employment, shall, upon the request of that employee or person referred:
(a) Give him a reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used by the employer or labor organization to determine the qualifications of that employee; and any disciplinary action taken against him, including termination from that employment, or used by the labor organization with respect to that persons position on its list concerning past, present and future referrals for employment; and
(b) Subject to the provisions of subsection 4, furnish him with a copy of those records.
The records to be made available do not include confidential reports from previous employers or investigative agencies or information concerning the investigation, arrest or conviction of that person for a violation of any law.
2. Upon termination of employment, the employer shall allow the employee to inspect those records within 60 days after his termination of employment and, subject to the provisions of subsection 4, shall, if requested by that former employee within that period, furnish him with a copy of those records.
3. The employer or labor organization may only charge that person an amount equal to the actual cost of providing access to and copies of those records.
4. No copies may be furnished to an employee or former employee under this section unless he has been or was employed for more than 60 days.
κ1985 Statutes of Nevada, Page 1081 (CHAPTER 387, AB 617)κ
under this section unless he has been or was employed for more than 60 days.
Sec. 3. The employee or person referred shall, if he contends that any information contained in the records is inaccurate or incomplete, notify his employer or the labor organization in writing of his contention. If the employer or organization finds that the contention of that employee or person is correct, it shall change the information accordingly.
________
Assembly Bill No. 301Committee on Judiciary
CHAPTER 388
AN ACT relating to occupational diseases; extending the class of persons treated specially as police officers; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes [a] :
1. A sheriff, deputy sheriff or city policeman ; [, an officer of the Nevada highway patrol, a field agent or inspector of the motor carrier division of the department of motor vehicles, a vehicle emission control officer or investigator in the registration division of that department, a]
2. A chief, inspector or patrolman of the Nevada highway patrol;
3. A field agent or inspector of the motor carrier division of the department of motor vehicles;
4. A chief, investigator or agent of the investigation division of the department of motor vehicles;
5. A vehicle emission control officer of the registration division of the department of motor vehicles;
6. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles;
7. A member of the police department of the University of Nevada System [, or a] ; and
8. A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies.
________
κ1985 Statutes of Nevada, Page 1082κ
Assembly Bill No. 50Committee on Government Affairs
CHAPTER 389
AN ACT relating to public schools; providing 3-year contracts for certain postprobationary employees; making various changes in the procedures for reemployment; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any probationary employee hired after June 30, 1985, and any teacher or administrator who becomes a postprobationary employee after June 30, 1985, is subject to the following provisions:
(a) A postprobationary employee is employed by contract for 3 years.
(b) The performance of each postprobationary employee must be evaluated each year against the factors set forth in subsection 1 of NRS 391.312.
(c) For each year that a postprobationary employee receives an overall satisfactory evaluation, his 3-year contract must be automatically extended for an additional year.
(d) A postprobationary employee who receives an over-all unsatisfactory evaluation may have the time remaining under his contract to take the steps necessary to correct any deficiencies noted in his evaluation. If this employee corrects these deficiencies and receives a satisfactory evaluation, his contract must be automatically extended for an additional year. If the employee receives an over-all satisfactory evaluation for the 2 next consecutive years after receiving the unsatisfactory evaluation, he must again be employed by contract for 3 years. If the employee does not receive an over-all satisfactory evaluation before his contract expires, he has no right to reemployment and his service may be terminated according to the procedures set forth in NRS 391.315 to 391.3194. If the superintendent offers proof at the hearing that the employee has been evaluated pursuant to this subsection and has received over-all unsatisfactory evaluations for 3 different years within the immediately preceding 5 or fewer years, it must be presumed that the termination of his employment was justified. The employee may offer proof to rebut the presumption. If just cause is found, his employment may be terminated.
(e) A postprobationary employee may be suspended, dismissed, demoted or not reemployed before his contract expires for any of the grounds contained in subsection 1 of NRS 391.312 according to the procedures provided in NRS 391.3127 to 391.3194, inclusive.
2. An employee who receives an over-all unsatisfactory evaluation may request a supplemental evaluation for the next year which is conducted by another administrator in the school district selected by him and the superintendent.
κ1985 Statutes of Nevada, Page 1083 (CHAPTER 389, AB 50)κ
and the superintendent. If the employee requests a supplemental evaluation during any series of consecutive unsatisfactory evaluations, the evaluation must be conducted by the same evaluator, if he is available. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in the state.
3. Any teacher or administrator who became a postprobationary employee on or before June 30, 1985, may contract as a postprobationary employee hired after that date under the provisions of this section.
Sec. 3. Any postprobationary employee of a school district of Nevada who is employed by another school district shall serve the probationary period required by subsection 1 of NRS 391.3197.
Sec. 4. NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.3115 to 391.3197, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:
1. Administrator means any employee who holds a certificate as an administrator and who is employed in that capacity by a school district.
2. Board means the board of trustees of the school district in which a certificated employee affected by NRS 391.311 to 391.3197, inclusive, and sections 2 and 3 of this act, is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 or 207.260.
5. Postprobationary employee means [a person] an administrator or a teacher who has [:
(a) Taught under one probationary contract in a Nevada school district and is employed as a teacher for a second or subsequent year; or
(b) Worked as an administrator under one probationary contract in a Nevada school district and is employed as an administrator for a second or subsequent year.] completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.
6. Probationary employee means [a person] an administrator or a teacher who is [in the first contract year or a second trial year of employment as a teacher or administrator.] employed for the period set forth in NRS 391.3197.
7. Superintendent means the superintendent of a school district or a person designated by the [school] board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a certificated employee the majority of whose working time is devoted to the rendering of direct educational service to [students] pupils of a school district.
κ1985 Statutes of Nevada, Page 1084 (CHAPTER 389, AB 50)κ
Sec. 5. NRS 391.3125 is hereby amended to read as follows:
391.3125 1. It is the intent of the legislature that a uniform system be developed for objective evaluation of teachers and other certificated [school support] personnel in each school district.
2. Each board , [of school trustees,] following consultation with and involvement of elected representatives of [teacher personnel] the teachers or their designees, shall develop [an objective evaluation policy which] a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employees over-all performance may be determined to be satisfactory or unsatisfactory. The policy may include [self, student, administrative or peer] an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In like manner, counselors, librarians and other certificated [school support personnel shall] personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the [evaluation] policy adopted by the board [of trustees shall] must be filed with the department . [of education.]
3. [The probationary period must include a] A conference and a written evaluation for [the] a probationary employee must be concluded no later than:
(a) November 1;
(b) January 1;
(c) March 1; and
(d) [May 1,] April 15,
of the school year [.] , except that a probationary employee assigned to a school that operates all year must be evaluated at least 4 times during each 12 months of employment on a schedule determined by the board.
4. Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the next school year, he shall bring the matter to the employees attention in a written document which is separate from the evaluation no later than the third required evaluation. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.
5. Each postprobationary teacher[shall] must be evaluated at least once each year.
[5.] 6. The evaluation of a probationary teacher or a postprobationary teacher [shall,] must, if necessary, include recommendations for improvements in [teaching] his performance. A reasonable effort [shall] must be made to assist the teacher to correct any deficiencies noted in the evaluation. The teacher [shall] must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teachers response [shall become a permanent attachment] must be permanently attached to the teachers personnel file.
κ1985 Statutes of Nevada, Page 1085 (CHAPTER 389, AB 50)κ
Sec. 5.5. NRS 391.3127 is hereby amended to read as follows:
391.3127 1. Each board , [of school trustees,] following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective [evaluation policy which may include self, student, administrative or peer evaluation] policy for the objective evaluation of administrators in narrative form. The policy must set forth a means according to which an administrators over-all performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the [evaluation] policy adopted by the board [of trustees] must be filed with the department . [of education.]
2. Each administrator must be evaluated in writing at least once a year.
3. Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, he shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.
Sec. 6. NRS 391.313 is hereby amended to read as follows:
391.313 1. Whenever an administrator charged with supervision of a certificated employee believes it is necessary to admonish [a certificated] the employee for a reason that he believes may lead to demotion, dismissal or cause the employee not to be reemployed under the provisions of NRS 391.312, he shall:
(a) [Bring] Except as otherwise provided in subsection 2, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to his demotion, dismissal or a refusal to reemploy him, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for his potential demotion, dismissal or [failure to reemploy;] a potential recommendation not to reemploy him; and
(b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.
An admonition issued to a certificated employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.
κ1985 Statutes of Nevada, Page 1086 (CHAPTER 389, AB 50)κ
2. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment will be terminated pursuant to paragraph (d) of subsection 1 of section 2 of this act or NRS 391.3197. If a probationary employee does not receive a notice pursuant to subsection 4 of NRS 391.3125 by the third evaluation, then he must receive an admonition before the decision is made not to reemploy him.
3. A certificated employee [may be] is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, and sections 2 and 3 of this act, without the admonition required by this section , on grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 391.312.
Sec. 6.5. NRS 391.314 is hereby amended to read as follows:
391.314 1. Whenever a superintendent has reason to believe that cause exists for the dismissal of a certificated employee and when he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the children in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a certificated employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with backpay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 10 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employees dismissal. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee [shall] must be reinstated with full compensation, plus interest.
4. A certificated employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him as salary during a period of suspension may continue to receive his salary from the time his suspension is effective until the decision of the board or the report of the hearing officer, if the report is final and binding. An employee who receives salary pursuant to this section shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A certificated employee who is convicted of a crime which requires registration as a sex offender pursuant to NRS 207.151 or convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260 forfeits all rights of employment from the date of his arrest.
6. A certificated employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
κ1985 Statutes of Nevada, Page 1087 (CHAPTER 389, AB 50)κ
sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
7. A certificated employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of backpay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
8. A superintendent may discipline a certificated employee by suspending the employee [for up to 2 days] with loss of pay at any time after a [due process] hearing has been held [.] which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. [The suspension provisions of this section may not be invoked] An employee may be suspended more than once during the employees contract year [.] , but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
Sec. 7. NRS 391.317 is hereby amended to read as follows:
391.317 1. [At] Except as otherwise provided in section 2 of this act, at least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of his intention to make the recommendation.
2. The notice must:
(a) Inform the certificated employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer.
(c) Inform the employee that he may request appointment of a hearing officer from a list provided by the American Arbitration Association and that one will be appointed if the superintendent agrees in writing.
(d) Refer to chapter 391 of NRS.
Sec. 8. NRS 391.3196 is hereby amended to read as follows:
391.3196 1. On or before April [1] 15 of each year, the board [of trustees] shall notify postprobationary employees in their employ, in writing, by certified mail or by delivery of the employees contract, concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of his status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions under which he is employed for the current year.
2. This section does not apply to any certificated employee who has been recommended to be demoted, dismissed or not reemployed if [such] proceedings have commenced and no final decision has been made by the board.
κ1985 Statutes of Nevada, Page 1088 (CHAPTER 389, AB 50)κ
[such] proceedings have commenced and no final decision has been made by the board. A certificated employee may be demoted or dismissed for grounds set forth in NRS 391.312 after he has been notified that he is to be reemployed for the ensuing year.
3. Any certificated employee who is reemployed pursuant to subsection 1 shall , by April [10] 25, notify the board [of trustees] in writing of his acceptance of employment. Failure on the part of the employee to notify the board of his acceptance within the specified time [limit] is conclusive evidence of the employees rejection of the contract.
4. If the certificated employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 do not apply except [for nonreemployment, demotion or dismissal procedures and before April 10] in the case of a demotion, dismissal or decision not to reemploy an employee. Before April 25 of each year , the employees shall notify the board in writing, on forms provided by the board, of their [intention to accept] acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board [of trustees] shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at his last known address or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of his acceptance within 10 days after receipt of the contract is conclusive evidence of the employees rejection of the contract.
Sec. 9. NRS 391.3197 is hereby amended to read as follows:
391.3197 1. A probationary employee is employed on an annual basis and has no right to employment after a probationary contract year.
2. If a probationary employee first began his employment after June 30, 1979, the board [of trustees] shall notify him in writing on or before April [1] 15 of the school year whether he is to be reemployed for the next school year. The employee shall advise the [school] board in writing on or before April [10] 25 of his acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify him in writing no later than 45 days before his last day of work under his contract whether he is to be reemployed for another year. He shall advise the board in writing within 10 days after the date of notification of his acceptance or rejection of reemployment for another year. Failure to advise the [school] board of his acceptance of reemployment constitutes rejection of the contract.
3. A probationary employee who has received a notice of reemployment from the school district is entitled to be a postprobationary employee in the ensuing year of employment.
4. A school district which has not given notice of reemployment to a probationary employee may offer the employee a contract for a trial year. An employee who receives an offer of a contract for a trial year may request [that his performance during the trial year be evaluated by a person selected by him and his first evaluator.]
κ1985 Statutes of Nevada, Page 1089 (CHAPTER 389, AB 50)κ
may request [that his performance during the trial year be evaluated by a person selected by him and his first evaluator.] a supplemental evaluation during the trial year by another administrator in the school district selected by him and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in the state.
5. If a probationary employee is notified that he will not be reemployed for the ensuing school year, his employment ends on the last day of the school year specified in his contract. The notice that he will not be reemployed must include a statement of the reasons for that decision.
6. If a probationary employee who is an administrator is not reemployed in that capacity, he may accept a contract as a teacher for the ensuing school year in writing on or before April [10.] 25. If he fails to accept the contract as a teacher, he shall be deemed to have rejected the offer of a contract as a teacher.
7. [Any postprobationary employee of a Nevada school district who is employed by another school district shall serve the probationary period required by this section.
8.] Before dismissal, the probationary employee is entitled to a [due process] hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.
Sec. 10. NRS 391.350 is hereby amended to read as follows:
391.350 1. Any teacher or other certificated employee employed by any board [of trustees of a school district] for a specified time who willfully refuses or fails to fulfill his employment obligations after he has notified the board of his acceptance of employment under subsection 3 of NRS 391.3196 or subsection 2 of NRS 391.3197 or to comply with the provisions of his contract after it has been signed without first obtaining the written consent of the board [of trustees is] may be found guilty of unprofessional conduct. The board shall not unreasonably withhold its consent. Any administrator who willfully secures the signature on a statement of intent to accept employment of any teacher or other certificated employee who has notified the board of another school district in this state of his acceptance of employment is guilty of unprofessional conduct, unless the employee has first obtained the written consent of the board to which he has given notice of acceptance. If the failure or refusal to comply with the provisions of the contract is the result of having subsequently executed an employment contract with another board [of trustees of a school district] in this state without the written consent of the board [of trustees] first employing him, the second [such] contract is void.
2. Upon receiving formal complaint from the board , [of trustees,] substantiated by conclusive evidence of [such failure,] a teachers failure or refusal under subsection 1 or that an administrator has willfully secured such a signature, the state board [of education] may suspend or revoke the certificate of the teacher or administrator after notice and opportunity for a hearing.
κ1985 Statutes of Nevada, Page 1090 (CHAPTER 389, AB 50)κ
3. The superintendent of public instruction shall notify state [education] agencies for education in other states of any revocation [for the reasons set forth in] pursuant to this section.
________
Senate Bill No. 193Committee on Government Affairs
CHAPTER 390
AN ACT relating to elections; requiring the verification of signatures on certain petitions and establishing a procedure therefor; requiring reports concerning campaign contributions to be signed under penalty of perjury; requiring all counties to be divided into commissioner election districts; providing for mechanical and electronic voting systems; authorizing the hiring of independent legal counsel to provide advice concerning the recall of a legal adviser who works for the state or a political subdivision thereof; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Within 5 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056 or section 90 of this act, the county clerk shall determine the total number of signatures affixed to the documents and shall transmit that information to the secretary of state.
2. If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the petitioners and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 3. 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 15 days after such a notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample.
κ1985 Statutes of Nevada, Page 1091 (CHAPTER 390, SB 193)κ
included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration what number of registered voters have signed the documents, the county clerk may use the file of affidavits of registered voters or facsimiles of the voters signatures.
4. Upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerks office.
5. The secretary of state may by regulation establish further procedures for carrying out the purposes of this section.
Sec. 4. 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
2. If those certificates establish that the petitioners have more than 110 percent of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of certificates showing the petition to have reached 110 percent, and the secretary of state shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 5. 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine every signature for verification.
2. Within 30 days after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures.
3. Upon completing the examination, the clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately transmit the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the clerks office.
κ1985 Statutes of Nevada, Page 1092 (CHAPTER 390, SB 193)κ
4. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
5. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 6. NRS 293.070 is hereby amended to read as follows:
293.070 Physical disability means blindness or [a] any other physical handicap making it [impossible] impracticable to cast a ballot. [Physical disability includes the inability to read or write.]
Sec. 7. NRS 293.128 is hereby amended to read as follows:
293.128 To qualify as a political party any organization [shall,] must, under a common name or designation, file a petition with the secretary of state not less than [60] 90 days before any primary election signed by a number of registered voters equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the voters need not all be on one petition, but each petition must be verified by at least one of its signers to the effect that the signers are registered voters of the state according to his best information and belief. The documents which are circulated for signature must then be submitted for verification pursuant to sections 2 to 5, inclusive, of this act.
Sec. 8. NRS 293.205 is hereby amended to read as follows:
293.205 On or before the [2nd] 3rd Wednesday in [June] May of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.213, inclusive.
Sec. 9. NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts must be established on the basis of the number of registered voters therein , with a maximum of 600 registered voters per precinct [.] in those precincts in which paper ballots are used, or a maximum of 1,000 registered voters per precinct in those precincts in which a mechanical voting system is used.
2. The county clerk may consolidate two or more contiguous election precincts into a single voting district [for the purpose of conducting] to conduct a particular election as public convenience, necessity and economy may require.
κ1985 Statutes of Nevada, Page 1093 (CHAPTER 390, SB 193)κ
Sec. 10. NRS 293.296 is hereby amended to read as follows:
293.296 1. Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to [such] assistance from a consenting person of his own choice, except [an] :
(a) The voters employer or his agent;
(b) An officer or agent of the voters labor organization; or
(c) An officer of the election board [official] who is not the spouse of [such] the registered voter.
2. A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of [such] that ballot.
3. The right to assistance in casting a ballot [shall] may not be denied or impaired when the need for assistance [by reason of a disability] is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. [Any such statement shall] The statement must be executed under penalty of perjury.
Sec. 10.5. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the county clerk send him an absent ballot. The county clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement [from the voters physician or practitioner or a written statement] signed by [an official of the hospital, sanatorium or nursing home] the voter stating that [the voter] he is a patient in a hospital, sanatorium or nursing home, and [stating that the voter] that he will be confined therein on election day. If any registered voter is suddenly hospitalized or becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, and is unable to vote at the polling place, he may apply to the county clerk for an absent ballot at any time before 5 p.m. on the day of the election. The county clerk shall issue an absent ballot upon satisfactory proof of the emergency.
2. After marking his ballot the voter shall place it in the identification envelope. He shall then affix his signature on the back of the envelope and return it to the office of the county clerk.
3. A request for a ballot under this section [shall] must be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.
4. The procedure authorized by this section [shall be] is subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
κ1985 Statutes of Nevada, Page 1094 (CHAPTER 390, SB 193)κ
all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
Sec. 11. NRS 293.323 is hereby amended to read as follows:
293.323 1. If the request for an absent ballot is made by mail or telegram, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to [such absent ballot] the voter by [the most expeditious mail,] first class mail if the absent voter is within the boundaries of the Unites States, its territories or possessions or on a military base, or by air mail if the absent voter is in a foreign country but not on a military base, postage prepaid:
(a) Except as provided in paragraph (b), an absent ballot, a return envelope, [a ballot-marking stamp] a stamp for marking the ballot, a stamp pad and instructions.
(b) In those counties using a [punchcard] mechanical voting system [, a ballot] whereby a vote is cast by punching a card, a card attached to a sheet of foam plastic or similar backing material, a return envelope, a punching instrument, a sample ballot [,] and instructions.
2. The return envelope must include postage prepaid by first class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.
3. Nothing may be enclosed or sent with [such] an absent ballot except as required by subsection 1.
[3.] 4. Before depositing [such] the ballot in the mails, the county clerk shall record the date [such] the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the [ballot] number of the ballot and any remarks he finds appropriate.
Sec. 12. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as provided in subsections 2 and 3, when an absent ballot is returned by a registered voter to the county clerk through the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, [such] that ballot to the precinct or district election board.
2. If the county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voters ballot, make a record of the return and check the signature on the return envelope against the original signature of the voter on the county clerks register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county clerk shall deliver[such] the ballot box to the absent ballot counting board to be counted.
3. If the county uses a [punchcard] mechanical voting system, the county clerk shall, upon receipt of each absent voters ballot , [card,] make a record of the return and check the signature on the return envelope against the original signature of the county clerks register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.
κ1985 Statutes of Nevada, Page 1095 (CHAPTER 390, SB 193)κ
county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box. On election day the county clerk shall deliver [such] the ballot box to the central counting place.
Sec. 13. NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he [shall] must stamp and fold [his ballot] it in accordance with the instructions, deposit it in the return envelope, seal the envelope , [and] affix his signature on the back of the envelope in the space provided therefor [. The return envelope shall be mailed by such absent voter, postage prepaid.] and mail the return envelope.
2. If the absent voter who has received a ballot by mail applies to vote [such] the ballot in person at the county clerks office, he [shall] must stamp the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the county clerk.
Sec. 14. NRS 293.350 is hereby amended to read as follows:
293.350 1. The county clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in [such] those precincts in the mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the registered voter.
2. Except as provided in subsection 3, the ballot [shall] must be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope;
(c) A sample ballot; and
(d) Instructions regarding the manner of stamping and returning the ballot.
3. In those counties using a [punchcard] mechanical voting system [,] whereby a vote is cast by punching a card, the ballot [shall] must be accompanied by:
(a) A sheet of foam plastic or similar backing material attached to the [ballot] card;
(b) A punching instrument;
(c) A return envelope;
(d) A sample ballot; and
(e) Instructions regarding the manner of punching and returning the [ballot] card.
Sec. 15. NRS 293.353 is hereby amended to read as follows:
293.353 Upon receipt of a mailing ballot from the county clerk, the registered voter [shall:] must:
1. Except as provided in subsection 2:
(a) Immediately after opening the envelope, mark and fold the ballot;
(b) Place the ballot in the return envelope;
(c) Affix his signature on the back of the envelope; and
κ1985 Statutes of Nevada, Page 1096 (CHAPTER 390, SB 193)κ
(d) Mail or deliver the envelope to the county clerk.
2. In those counties using a [punchcard] mechanical voting system [:] whereby a vote is cast by punching a card:
(a) Immediately after opening the envelope, punch the [ballot:] card;
(b) Place the unfolded [ballot] card in the return envelope;
(c) Affix his signature on the back of the envelope; and
(d) Mail or deliver the envelope to the county clerk.
Sec. 16. NRS 293.367 is hereby amended to read as follows:
293.367 1. The basic factor to be considered by an election board when making a determination of whether [or not] a particular ballot should be rejected is whether any identifying mark appears on the ballot which, in the opinion of the election board, constitutes an identifying mark such that there is a [good faith and] reasonable belief entertained in good faith that the ballot has been tampered with and, as a result of such tampering, the outcome of the election would be affected.
2. Regulations for counting ballots must include provisions that:
(a) A vote on a paper ballot may not be counted unless indicated by a cross in the appropriate square.
(b) An error in marking one or more votes on a ballot does not invalidate any votes properly marked on that ballot.
(c) If more choices than permitted by the instructions are marked for any office or question, the vote for that office or question may not be counted.
(d) If it is impossible to determine a voters choice for any office or question, his vote or votes for that office or question may not be counted.
(e) A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
(f) Only devices provided for in this chapter may be used in marking ballots.
(g) It is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
(h) When an election board officer rejects a ballot for any alleged defect or illegality, the officer shall seal the ballot in an envelope and write upon the envelope a statement that it was rejected and the reason for rejecting it.
(i) In counties where [punchcard ballots] mechanical voting systems are used [,] whereby a vote is cast by punching a card, a superfluous punch into any [ballot] card does not constitute grounds for rejection of the ballot unless the election board determines that the condition of the ballot justifies its exclusion pursuant to subsection 1.
Sec. 17. NRS 293.383 is hereby amended to read as follows:
293.383 1. Except as provided in subsection 2, each counting board, before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.
κ1985 Statutes of Nevada, Page 1097 (CHAPTER 390, SB 193)κ
2. When votes are cast on ballots which are mechanically or electronically tabulated in accordance with the provisions of chapter 293B of NRS, the county clerk shall, as soon as possible, post copies of the tabulated voting results in a conspicuous place on the outside of the counting facility, courthouse or city hall, in the case of a municipal election.
3. Each copy of the voting results posted in accordance with subsections 1 and 2 [shall] must set forth the accumulative total [results] of all the votes cast within the county or political subdivision conducting [such] the election and [shall] must be signed by the members of the counting board or the computer program and processing accuracy board.
Sec. 18. NRS 293.404 is hereby amended to read as follows:
293.404 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the county clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners [shall] must be present at the recount. Each candidate for the office affected by the recount may be present in person or by an authorized representative, but [shall] may not be a member of the recount board.
2. Except in counties using a [punchcard] mechanical voting system, the recount must include a count and inspection of all ballots, including rejected ballots, and must determine whether those ballots are marked as required by law.
3. If a recount is demanded in a county using a [punchcard] mechanical voting system, the county clerk shall select at random the ballots for the office affected from 5 percent of the precincts, but in no case fewer than three precincts, after consultation with each candidate for the office or his authorized representative. The recount board shall examine the selected ballots, including any duplicate or rejected ballots, shall determine whether the ballots have been voted in accordance with [the election law,] this Title and shall [handcount] count the valid ballots [.] by hand. A recount by computer [recount] must be made of all the selected ballots. If the [handcount] count of the selected ballots or the [computer] recount shows a discrepancy of 1 percent or more for either candidate from the original canvass of the returns, the county clerk shall order a [handcount] count by hand of all the ballots for that office. If there is not a discrepancy of 1 percent or more for any candidate, the county clerk shall not order such a [handcount,] count, but shall order a recount by computer [recount] of all the ballots for the office.
4. The county clerk shall unseal and give to the recount board all ballots to be counted.
5. In the case of a demand for a recount affecting more than one county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
κ1985 Statutes of Nevada, Page 1098 (CHAPTER 390, SB 193)κ
county, the demand must be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
Sec. 19. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration must close at 9 p.m. of the fifth Saturday preceding any primary election, at 9 p.m. of the fifth Saturday preceding any general election and at 9 p.m. of the third Saturday preceding any recall or special election.
2. [Registration] The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In [counties which have a] a county whose population is less than 100,000, [registration] those offices must be open during the last 3 days before registration closes;
(b) In all other counties, [registration] those offices must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 350 of NRS:
(a) The county clerk of each county shall [publish] cause a notice signed by him to be published in a newspaper having a general circulation in the county [a notice signed by him] indicating the day that registration will be closed. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest [Nevada county.] county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
Sec. 20. Chapter 293B of NRS is hereby amended by adding thereto the provisions set forth as sections 21 and 22 of this act.
Sec. 21. Mechanical voting system means a system of voting whereby a voter may cast his vote:
1. On a device which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or
2. By punching a card which is subsequently counted on an electronic tabulator, counting device or computer.
Sec. 22. Mechanical recording device means a device:
1. Which mechanically or electronically compiles a total of the number of votes cast for each candidate and for or against each measure voted on; or
2. To which a list of offices and candidates and the statements of measures to be voted on may be affixed and into which a card may be inserted so that the votes cast for each candidate and for or against each measure may be indicated by punching the card with reference to the list.
Sec. 23. NRS 293B.010 is hereby amended to read as follows:
293B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [293B.015 to 293B.040, inclusive,] 293B.025 and 293B.027 and sections 21 and 22 of this act, have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 1099 (CHAPTER 390, SB 193)κ
Sec. 24. NRS 293B.050 is hereby amended to read as follows:
293B.050 At all statewide, county, city and district elections of any kind held in this state, ballots or votes may be cast, registered, recorded and counted by means of [punchcard voting systems.] a mechanical voting system.
Sec. 25. NRS 293B.055 is hereby amended to read as follows:
293B.055 The provisions all state laws relating to elections and of any city charter or ordinance not inconsistent with the provisions of this chapter apply to all elections in districts or precincts where [punchcard vote recording devices] mechanical voting systems are used and to all elections where [punchcard] ballots are counted at a central counting place.
Sec. 26. NRS 293B.060 is hereby amended to read as follows:
293B.060 Any provision of [law or of any city charter or] an ordinance which conflicts with the provisions of this chapter [shall] does not apply to the districts or precincts in which [punchcard vote recording devices] mechanical voting systems are used, nor to conduct at a central counting place. All [acts, parts of acts, city charters or ordinances,] ordinances in conflict with any of the provisions of this chapter are of no force or effect in election districts or precincts where [punchcard vote recording devices] mechanical voting systems are used, nor with respect to conduct at a central counting place.
Sec. 27. NRS 293B.065 is hereby amended to read as follows:
293B.065 A [punchcard] mechanical voting system [shall] must secure to the voter secrecy in the act of voting.
Sec. 28. NRS 293B.070 is hereby amended to read as follows:
293B.070 A [punchcard vote recording device shall] mechanical voting system must provide facilities for voting for the candidates of as many political parties or organizations as may make nominations, and for or against measures.
Sec. 29. NRS 293B.075 is hereby amended to read as follows:
293B.075 A [punchcard] mechanical voting system [shall] must permit the voter to vote for any person for any office for which he has the right to vote, but none other, or indicate a [nonconfidence vote.] vote against all candidates.
Sec. 30. NRS 293B.080 is hereby amended to read as follows:
293B.080 A [punchcard] mechanical voting system [shall,] must, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.
Sec. 31. NRS 293B.085 is hereby amended to read as follows:
293B.085 A [punchcard] mechanical voting system [shall] must permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more. If a voter casts more votes for an office than he is lawfully entitled, the counting device or electronic computer [shall] must be programmed so that [no such] those votes are not counted. The remainder of [such] the voters ballot [shall] must be counted if it is otherwise lawfully voted.
κ1985 Statutes of Nevada, Page 1100 (CHAPTER 390, SB 193)κ
Sec. 32. NRS 293B.090 is hereby amended to read as follows:
293B.090 A [punchcard] mechanical voting system [shall] must prevent the voter from voting for the same person more than once for the same office.
Sec. 33. NRS 293B.095 is hereby amended to read as follows:
293B.095 A [punchcard] mechanical voting system [shall] must permit the voter to vote for or against any measure he may have the right to vote on, but none other.
Sec. 34. NRS 293B.100 is hereby amended to read as follows:
293B.100 A [punchcard vote] mechanical recording device [shall] must correctly register or record, on the voters [punchcard] ballot, all votes cast for any and all persons and for or against any and all measures.
Sec. 35. NRS 293B.103 is hereby amended to read as follows:
293B.103 1. [The ballot] If a mechanical voting system is used whereby votes are cast by punching a card, the cards to be used [in a punchcard voting system] must have two detachable stubs. Each of the stubs attached to a particular [ballot] card must bear the number of that card.
2. One of the stubs must be detached and given to the voter when he returns his voted ballot, and the other stub must be retained by the election board.
Sec. 36. NRS 293B.105 is hereby amended to read as follows:
293B.105 The board of county commissioners of any county or the city council or other governing body of any city may adopt for use at elections any [kind of punchcard] mechanical voting system approved by the secretary of state or the use of which has been specifically authorized by law. The [punchcard] voting system may be used at any or all elections held in [such] the county or city, for voting, registering and counting votes cast.
Sec. 37. NRS 293B.110 is hereby amended to read as follows:
293B.110 A [punchcard] mechanical voting system may be adopted for some of the precincts or districts in the same county or city, while the remainder of the precincts or districts in [such] that county or city may be furnished with paper ballots.
Sec. 38. NRS 293B.115 is hereby amended to read as follows:
293B.115 The board of county commissioners , [or] city council or other governing body [of any city] which adopts a [punchcard] mechanical voting system, as soon as practicable after adopting it, shall provide for each polling place one or more [punchcard vote] mechanical recording devices in complete working order. When the devices are not in use at an election, [such] the board, council or governing body shall [have the] take custody of them and of the furniture and equipment of the polling place.
Sec. 39. NRS 293B.120 is hereby amended to read as follows:
293B.120 The board of county commissioners of any county or the city council or other governing body of any city, without formally adopting a [punchcard] mechanical voting system which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts.
κ1985 Statutes of Nevada, Page 1101 (CHAPTER 390, SB 193)κ
city council or other governing body of any city, without formally adopting a [punchcard] mechanical voting system which it might lawfully adopt, may provide for its experimental use at an election in one or more precincts. Its use at the election is as valid for all purposes as if it were lawfully adopted.
Sec. 40. NRS 293B.122 is hereby amended to read as follows:
293B.122 1. The secretary of state may purchase [punchcard vote recording systems] mechanical recording devices and lease them to counties, giving priority to those counties still using [the] paper ballots.
2. The secretary of state may pay for such [systems] devices purchased by him out of any money specifically appropriated for that purpose by the legislature.
Sec. 41. NRS 293B.125 is hereby amended to read as follows:
293B.125 1. The cost of a [punchcard] mechanical voting system is a charge upon the county or city adopting it.
2. The board of county commissioners or city council or other governing body of any city may provide for the payment of the costs of such a [punchcard] voting system in such manner and by such method as they consider in the best local interests, and also may for that purpose issue bonds, certificates of indebtedness, or other obligations which [shall be] are a charge on the county or city. The bonds, certificates or other obligations may be issued with or without interest, payable at such time as the authorities may determine, but [shall] may not be issued or sold at less than par.
Sec. 42. NRS 293B.130 is hereby amended to read as follows:
293B.130 Before any election where a [punchcard] mechanical voting system is to be used, the 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:
1. All lawful votes cast by each voter must be counted.
2. All unlawful votes, including but not limited to overvotes or, in a primary election, votes cast for a candidate of a political party other than the party, if any, of the voters registration, must not be counted.
3. If the election is:
(a) A primary election held in an even-numbered year, other than a presidential preference primary; or
(b) A general election,
the total votes, other than absentee votes and votes in a mailing precinct, must be accumulated by precinct.
4. The computer or counting device must halt or indicate by appropriate signal if a ballot [card] is encountered which lacks a code identifying the precinct in which [the ballot] it was voted and, in a primary election, identifying the political party of the voter.
Sec. 43. NRS 293B.175 is hereby amended to read as follows:
293B.175 [The] In those districts or precincts in which a mechanical voting system is used, the list of offices and candidates and the statements of measures [printed on the pages of the ballot page assembly in combination with the ballot card] appropriate for use with that system in combination with the device upon which a vote is registered is an official ballot.
κ1985 Statutes of Nevada, Page 1102 (CHAPTER 390, SB 193)κ
statements of measures [printed on the pages of the ballot page assembly in combination with the ballot card] appropriate for use with that system in combination with the device upon which a vote is registered is an official ballot.
Sec. 44. NRS 293B.180 is hereby amended to read as follows:
293B.180 The laws relating to [punchcard] mechanical voting systems and paper ballots generally, so far as applicable, [shall] apply respectively to that part voted upon [punchcard vote] mechanical recording devices and that part voted upon paper.
Sec. 45. NRS 293B.185 is hereby amended to read as follows:
293B.185 If the ballot is larger than the [punchcard vote] mechanical recording device can accommodate, the clerk may place [the ballot] it upon more than one device or place part of [the ballot] it upon the [punchcard vote] recording device and the remainder upon paper.
Sec. 46. NRS 293B.190 is hereby amended to read as follows:
293B.190 When used in primary elections, the [ballot page assembly of each punchcard vote] list of offices and candidates and the statements of measures to be voted on for each mechanical recording device, except those devices intended solely for nonpartisan voters, [shall] must be so arranged that it contains a page or pages setting forth the ballot of one party only, followed by a page or pages setting forth the nonpartisan ballot and so that the voter may cast his partisan and nonpartisan votes on a single ballot [card] buy may not cast his partisan votes for a candidate of another political party.
Sec. 47. NRS 293B.195 is hereby amended to read as follows:
293B.195 The sample ballots of [punchcard] mechanical voting systems [shall] must be open to public inspection at the polling place during the election day.
Sec. 48. NRS 293B.200 is hereby amended to read as follows:
293B.200 The sample ballots [shall be either] must be in full or reduced size and [shall] contain suitable illustrated directions for voting on the [punchboard vote] mechanical recording device.
Sec. 49. NRS 293B.205 is hereby amended to read as follows:
293B.205 1. The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which [shall] must be arranged in the form of [a] :
(a) A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the [ballot page assembly on the punchcard vote recording device] list of offices and candidates and the statements of measures to be voted on which will be in use at that election [.] ; or
(b) A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
2. Each sample ballot must contain the full text of each constitutional amendment and question to be voted on.
Sec. 50. NRS 293B.210 is hereby amended to read as follows:
293B.210 [The] 1. If a mechanical voting system is used whereby a vote is cast by punching a card, the clerk shall furnish sufficient [ballot page assemblies] lists of offices and candidates and the statements of measures to be voted on for the [punchcard voting] mechanical recording devices used at any election.
κ1985 Statutes of Nevada, Page 1103 (CHAPTER 390, SB 193)κ
a vote is cast by punching a card, the clerk shall furnish sufficient [ballot page assemblies] lists of offices and candidates and the statements of measures to be voted on for the [punchcard voting] mechanical recording devices used at any election.
2. The secretary of state shall provide to or reimburse each county for all cards used in each primary or general election.
Sec. 51. NRS 293B.220 is hereby amended to read as follows:
293B.220 The clerk shall place the proper [ballot page assemblies on the punchcard vote] lists of offices and candidates and the statements of measures to be voted on on the mechanical recording devices, corresponding with the sample ballots provided for in this chapter, and shall put the [punchcard vote recording device] devices in order, ready for use in voting.
Sec. 52. NRS 293B.225 is hereby amended to read as follows:
293B.225 [For the purpose of preparing the punchcard vote] To prepare the mechanical recording device for an election, the clerk shall employ competent persons, who [shall] must be sworn to perform their duties honestly and faithfully.
Sec. 53. NRS 293B.230 is hereby amended to read as follows:
293B.230 The clerk shall not appoint any person to prepare any [punchcard vote] mechanical recording device for an election unless he is fully qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.
Sec. 54. NRS 293B.235 is hereby amended to read as follows:
293B.235 The assistants referred to in NRS 293B.225 and 293B.230 shall, under the direction of the clerk, prepare the [punchcard vote] mechanical recording devices for the election and provide for the delivery of the devices to the polling places of the election district in which the election is to be held, or to the custody of the chairman of the election board , [chairman,] together with all furniture and appliances necessary for the proper conduct of the election.
Sec. 55. NRS 293B.240 is hereby amended to read as follows:
293B.240 In preparing a [punchcard vote] mechanical recording device for an election, the clerk shall, according to the printed directions furnished, thoroughly test the [punchcard vote recording] device and arrange [the punchcard vote recording device and the ballot page assembly] it so that [the punchcard vote recording device] it will in every particular meet with the requirements for voting and counting at the election.
Sec. 56. NRS 293B.245 is hereby amended to read as follows:
293B.245 Before preparing [a punchcard vote recording device] mechanical recording devices for any election, the clerk shall mail written notices to the chairmen of the county central committees of at least two of the principal political parties, stating the time and place where [such punchcard vote recording] the devices will be prepared. At the specified time, one representative of each such political party [shall] must be afforded an opportunity to see that the [punchcard vote recording] devices are in proper condition for use in the election.
κ1985 Statutes of Nevada, Page 1104 (CHAPTER 390, SB 193)κ
must be afforded an opportunity to see that the [punchcard vote recording] devices are in proper condition for use in the election. [Such] The representatives shall not interfere with the persons assigned to prepare the [punchcard vote recording] devices or assume any of their duties.
Sec. 57. NRS 293B.250 is hereby amended to read as follows:
293B.250 If the voting booth in which a [punchcard voting] mechanical recording device is to be installed is not equipped with a light, the clerk may provide a light and direct that it be affixed to the booth or to the [voting] device.
Sec. 58. NRS 293B.255 is hereby amended to read as follows:
293B.255 The booth in which a [vote] mechanical recording device is installed [shall] must be so constructed that the rear and sides of the booth in combination with the person of the voter hide the device from the view of persons other than the voter.
Sec. 59. NRS 293B.260 is hereby amended to read as follows:
293B.260 Within a reasonable time before each election, the clerk shall instruct the members of the election board in the use of the [punchcard] mechanical voting system and in their duties in connection therewith.
Sec. 60. NRS 293B.265 is hereby amended to read as follows:
293B.265 1. [An] A member of an election board shall not serve in any election at which a [punchcard] mechanical voting system is used unless [they have] he has received instruction and [are] is fully qualified to perform [their] his duties in connection with the system.
2. NRS 293B.220 to 293B.280, inclusive, do not prevent the appointment and service of a member of an election board to fill a vacancy in an emergency.
Sec. 61. NRS 293B.270 is hereby amended to read as follows:
293B.270 [For the purpose of giving] To give instruction in the [punchcard] mechanical voting system, the clerk shall call any meeting of the election board which may be necessary. The members of the election board of each election precinct in which such a [punchcard] voting system is used shall attend any meeting called for the purpose of receiving instruction concerning their duties and necessary for the proper conduct of the election.
Sec. 62. NRS 293B.275 is hereby amended to read as follows:
293B.275 The clerk shall keep [an attendance] a record of attendance of those election [officials] officers receiving instruction in their duties in connection with the [punchcard] mechanical voting system. The clerk shall certify that the [attendance] record is a list of election officers who have been instructed pursuant to NRS 293B.260. The list, when so certified, is prima facie evidence that the election [officials] officers have been properly instructed in their duties.
Sec. 63. NRS 293B.280 is hereby amended to read as follows:
293B.280 Before the polls are open for election, the members of the election board shall test every [voting] mechanical recording device by [inserting a demonstration, unofficial ballot card into each device and] fully voting on it [.] with an unofficial ballot.
κ1985 Statutes of Nevada, Page 1105 (CHAPTER 390, SB 193)κ
Sec. 64. NRS 293B.285 is hereby amended to read as follows:
293B.285 The open part of the booth containing the [punchcard vote] mechanical recording device and every part of the polling place [shall] must be in plain view of the election [officials] officers and watchers. The booth [shall] must be placed at least 4 feet from the poll clerks table.
Sec. 65. NRS 293B.290 is hereby amended to read as follows:
293B.290 The election [officials] officers shall inspect [the vote recording devices] each mechanical recording device periodically during the day to see that the [ballot page assembly] list of offices and candidates and the statements of measures to be voted on is intact, and that the device is otherwise in good working order.
Sec. 66. NRS 293B.295 is hereby amended to read as follows:
293B.295 After the opening of the polls, a member of the election board shall not issue any voter a ballot [card] nor allow him to enter the booth until they ascertain that he is entitled to vote.
Sec. 67. NRS 293B.300 is hereby amended to read as follows:
293B.300 1. In a primary election, a member of the election board for a precinct shall issue each partisan voter a ballot [card] which is of a distinctive color associated with [such] the voters political party, [in which is punched] which contains a distinctive code associated with [such] that party and on which is clearly printed the name of [such] the party.
2. The member of the election board [member] shall then direct the partisan voter to a [punchcard vote] mechanical recording device containing [a ballot page assembly] the list of offices and candidates arranged for [such] the voters political party in the manner provided in NRS 293B.190.
Sec. 68. NRS 293B.305 is hereby amended to read as follows:
293B.305 1. In a primary election, a member of the election board for a precinct shall issue each nonpartisan voter a ballot [card] of a distinctive color, [punch] code and printed designation identifying [such ballot card] it as a nonpartisan ballot . [card.]
2. At the direction of the clerk, the member of the election board [member] shall then:
(a) Direct the nonpartisan voter to a [punchcard vote] mechanical recording device containing a [ballot page assembly] list of offices and candidates setting forth only the nonpartisan ballot;
(b) Direct the nonpartisan voter to a [punchcard vote] mechanical recording device containing a [ballot page assembly] list of offices and candidates arranged for a partisan ballot, instruct [such] the voter to vote only the nonpartisan section of the [ballot page assembly] list and advise [such] the voter that any votes he may cast in the partisan section will not be counted; or
(c) Issue a nonpartisan ballot [card] attached to a sheet of foam plastic or similar backing material, a punching instrument, a sample nonpartisan ballot and an instruction sheet to the nonpartisan voter and instruct [such voter] him to punch his ballot [card] by reference to the sample ballot.
κ1985 Statutes of Nevada, Page 1106 (CHAPTER 390, SB 193)κ
instruct [such voter] him to punch his ballot [card] by reference to the sample ballot.
Sec. 69. NRS 293B.315 is hereby amended to read as follows:
293B.315 Before each voter enters the voting booth, a member of the election board shall, so far as possible, inform him how to operate the [punchcard vote] mechanical recording device and illustrate its operation upon the demonstration model of the device. If any voter, after entering the voting booth, asks for information, a member of the election board shall give him the necessary information.
Sec. 70. NRS 293B.325 is hereby amended to read as follows:
293B.325 The clerk may order deputized [officials] officers to pick up all voted [ballot cards] ballots from any or all of the precincts or districts after the polls have been opened for 5 hours. At least two such [officials] officers who are not members of the same political party shall deliver any [ballot cards] ballots which are picked up early to the central counting place. The various boards operating the central counting place may begin to process [such ballot cards] those ballots upon receipt, but no reports may be printed by the counting device or computer until the polls have closed.
Sec. 71. NRS 293B.330 is hereby amended to read as follows:
293B.330 Upon closing of the polls, the election board shall:
1. Secure all [vote] mechanical recording devices against further voting.
2. [Open the ballot box, remove] Count all ballots . [and count them.]
3. Account for all ballots on the ballot statement.
4. Place all official ballots, the ballot statement and any other records, reports and materials as directed by the clerk into the container provided by him [for the purpose of transporting such] to transport those items to a central counting place and seal [such] the container.
Sec. 72. NRS 293B.360 is hereby amended to read as follows:
293B.360 1. To facilitate the processing and computation of votes cast at any election conducted under a [punchcard] mechanical voting system, the county clerk shall create a computer program and processing accuracy board, and may create:
(a) A central ballot inspection board;
(b) An absent ballot mailing precinct inspection board;
(c) A ballot duplicating board;
(d) A ballot processing and packaging board; and
(e) Such additional boards or appoint such officers as he deems necessary for the expeditious processing of ballots.
2. The county clerk may determine the number of members to constitute any board. He shall make any appointments from among competent persons who are registered voters in this state. The members of each board must represent all political parties as equally as possible. The same person may be appointed to more than one board but must meet the particular qualifications for each board to which he is appointed.
κ1985 Statutes of Nevada, Page 1107 (CHAPTER 390, SB 193)κ
3. All [appointees] persons appointed serve at the pleasure of the county clerk.
Sec. 73. NRS 293B.365 is hereby amended to read as follows:
293B.365 The central ballot inspection board shall:
1. Receive the [ballot cards] ballots in sealed containers.
2. Inspect the containers and remove the [ballot cards.] ballots.
3. Register the numbers of [ballot cards] ballots by precinct.
4. Deliver any damaged [ballot cards] ballots to the ballot duplicating board.
5. Receive duplicates of damaged [ballot cards] ballots from the ballot duplicating board and place the duplicates with the voted [ballot cards] ballots of the appropriate precinct.
6. Place each damaged original ballot [card] in a separate envelope and note on the outside of the envelope the appropriate number of the precinct . [number.]
7. Reject any ballot [card] that has been marked in a way that identifies the voter.
8. Place each rejected ballot [card] in a separate envelope and note on the outside of the envelope the appropriate number of the precinct [number] and the reason for the boards rejection of the ballot . [card.]
Sec. 74. NRS 293B.375 is hereby amended to read as follows:
293B.375 The ballot duplicating board shall:
1. Receive damaged [ballot cards, including cards] ballots, including ballots which have been torn, bent or mutilated.
2. Receive [ballot] cards with incompletely punched chips.
3. Prepare on a distinctly colored, serially-numbered [card] ballot marked duplicate an exact copy [, with respect to punching, ] of each damaged [card.] ballot.
4. In the case of a [ballot] card with an incompletely punched chip:
(a) Remove the incompletely punched chip; or
(b) Duplicate the [ballot] card without punching the location of the incompletely punched chip, according to the county clerks determination of the probable intent of the voter.
5. Record the serial number of the duplicate ballot [card] on the damaged original ballot [card] and return the damaged and duplicate ballots to the appropriate ballot inspection board.
6. Hold aside the duplicated [ballot cards] ballots for counting after all other [ballot cards] ballots are counted if this procedure is directed by the county clerk.
Sec. 75. NRS 293B.380 is hereby amended to read as follows:
293B.380 1. The ballot processing and packaging board [shall] 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) Permit only those persons authorized by the county clerk to gain access to the [computer center] counting area where the computers are located during the period when ballots are being processed.
κ1985 Statutes of Nevada, Page 1108 (CHAPTER 390, SB 193)κ
access to the [computer center] counting area where the computers are located during the period when ballots are being processed.
(b) Receive [ballot cards] ballots and maintain groupings of [all ballot cards] them by precinct.
(c) Before each counting of [ballot cards] the ballots (or computer run) begins, validate the [test] testing material with the [ballot] counting program.
(d) Maintain a log showing the sequence in which [ballot cards] the ballots of each precinct are processed, as a [control] measure to [insure] ensure that the [ballot cards] ballots of all precincts are processed.
(e) After each counting of the [ballot cards,] ballots, again verify the [test] testing material with the [ballot] 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, [test materials, ballot cards] testing materials, ballots and other items used in the election [items] at the computer center and package and deliver the items to the county clerk for sealing and storage.
Sec. 76. NRS 293B.385 is hereby amended to read as follows:
293B.385 1. The county clerk shall appoint the members of the computer program and processing accuracy board no later than 7 days before the election in which they will serve.
2. The board shall [:
(a) Verify that any invalid prepunching] verify that:
(a) Any invalid voting of a ballot [card] will cause [the card] it to be rejected.
(b) [Verify that votes] Votes can be counted for each candidate and proposition.
(c) [Verify that any ] Any overvote for an office or proposition will cause a rejection of the vote for that office or proposition.
(d) [Verify that in a multiple vote selection] Where multiple votes may be cast, the maximum number of votes permitted a voter cannot be exceeded without rejecting the vote for that selection, but any undervote will be counted.
(e) [Verify that neither] Neither a voters omission to vote nor his irregular vote on any particular office or proposition will prevent the counting of his vote as to any other office or proposition on the ballot.
Sec. 77. NRS 293B.390 is hereby amended to read as follows:
293B.390 In addition to the duties prescribed in NRS 293B.145, 293B.155 and 293B.165, the accuracy certification board shall certify as to whether in their judgment the [ballot cards] ballots were accurately counted.
κ1985 Statutes of Nevada, Page 1109 (CHAPTER 390, SB 193)κ
293B.155 and 293B.165, the accuracy certification board shall certify as to whether in their judgment the [ballot cards] ballots were accurately counted. If they determine an inaccuracy exists, they shall furnish a written explanation for [such] their determination.
Sec. 78. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every candidate for municipal office where the general election is preceded by a primary election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.041 for other offices not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election:
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election.
2. Every candidate for municipal office where there is no primary election shall so file those reports:
(a) Twenty days before the general election, for the period from the last election for that office up to 30 days before the general election; and
(b) Thirty days after the general election, for the remaining period up to the general election.
Sec. 79. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county [, city] or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of his campaign contributions on [affidavit] forms designed and provided by the secretary of state [.] and signed by the candidate under penalty of perjury.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on [affidavit] forms designed and provided by the secretary of state [.] and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, [city] municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on [affidavit] forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall [petition] up to the special election.
κ1985 Statutes of Nevada, Page 1110 (CHAPTER 390, SB 193)κ
township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on [affidavit] forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall [petition] up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. Each contribution, in excess of $500, and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the [affidavit report] form provided by the secretary of state.
7. [Any] Except as otherwise provided in this section, and candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 80. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report his campaign expenses on [affidavit] forms designed and provided by the secretary of state [.] and signed by the candidate under penalty of perjury.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report his campaign expenses on [affidavit] forms designed and provided by the secretary of state [.] and signed by the candidate under penalty of perjury.
3. Every candidate for state, district, county, [city] municipal or township office at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on [affidavit] forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall [petition] up to the special election.
κ1985 Statutes of Nevada, Page 1111 (CHAPTER 390, SB 193)κ
township office at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on [affidavit] forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall [petition] up to the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. [Any] Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 81. NRS 294A.031 is hereby amended to read as follows:
294A.031 Every candidate for state, district, county, [city] municipal or township office shall file the reports of campaign contributions and expenses required by NRS 294A.010 and 294A.020 [,] and section 78 of this act, even though he:
1. Withdraws his candidacy;
2. Receives no campaign contributions; or
3. Has no campaign expenses.
Sec. 82. NRS 294A.041 is hereby amended to read as follows:
294A.041 1. Every person who advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, [city] municipal or township office at a recall, special, primary or general election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election, for that office to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period until the general election,
report expenditures made on behalf of or against a candidate or group of candidates in excess of $500 on forms [of affidavit to be] designed and provided by the secretary of state [.] and signed by the person under penalty of perjury. The report must also include identification of expenditures which the person made cumulatively in excess of $500 since the beginning of the first reporting period. The report must not include any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.
κ1985 Statutes of Nevada, Page 1112 (CHAPTER 390, SB 193)κ
include any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of or against a candidate or group of candidates must not be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate but need not be itemized by candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state.
5. [Any] Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 83. NRS 294A.065 is hereby amended to read as follows:
294A.065 1. The officer with whom a candidate files a declaration of candidacy or acceptance of candidacy shall furnish the candidate with necessary forms [of affidavit] for reporting and copies of regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.
2. The officer who is to receive reports pursuant to NRS 294A.041 shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.
Sec. 84. NRS 295.015 is hereby amended to read as follows:
295.015 [1. The people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the constitution, and to enact or reject them at the polls.
2. An initiative petition must be in the form required by NRS 295.055 and must be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition must be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
3.] A copy of [the initiative] a petition for initiative must be placed on file in the office of the secretary of state before [the petition] it may be presented to the registered voters for their signatures.
Sec. 85. NRS 295.045 is hereby amended to read as follows:
295.045 1. A copy of a [referendum] petition for referendum must be placed on file in the office of the secretary of state before [the petition] it may be presented to the registered voters for their signatures.
κ1985 Statutes of Nevada, Page 1113 (CHAPTER 390, SB 193)κ
petition] it may be presented to the registered voters for their signatures.
2. [Whenever a number of registered voters of this state equal to 10 percent or more of the number of voters who voted at the last preceding general election express their wish by filing with the secretary of state,] A petition for referendum must be filed with the secretary of state not less than 120 days before the date of the next succeeding general election . [, a petition in the form provided for in NRS 295.055 that any statute or resolution or any part of it enacted by the legislature be submitted to a vote of the people, the secretary of state shall submit the question of approval or disapproval of the statute or resolution or any part of it to a vote of the voters at the next succeeding election at which the question may be voted upon by the registered voters of the entire state.]
3. The secretary of state shall certify the questions to the county clerks, and they shall publish them in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
4. The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters [shall] must be as follows: Shall the statute (setting out its title) be approved?
5. Where [the punchcard] a mechanical voting system is used, the title of the statute must appear on the [ballot card or ballot page assembly] list of offices and candidates and the statements of measures to be voted on and may be condensed to no more than 25 words.
6. The votes cast upon the question must be counted and canvassed as the votes for state officers are counted and canvassed.
[7. If a majority of the voters voting upon the proposal submitted at an election votes approval of the statute or resolution or any part of it, the statute or resolution or any part of it stands as the law of the state and may not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of voters votes disapproval of the statute or resolution or any part of it, the statute or resolution or any part of it is void and of no effect.]
Sec. 86. NRS 295.056 is hereby amended to read as follows:
295.056 1. Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk for verification the document or documents which were circulated for [signatures] signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the persons statement of the number of signatures contained therein.
2. [Within 5 days excluding Saturdays, Sundays and holidays, after the submission of such documents the county clerk shall first determine the legal sufficiency of each document under the requirements of this chapter and shall then determine the total number of signatures affixed to valid documents and shall transmit that information to the secretary of state.
κ1985 Statutes of Nevada, Page 1114 (CHAPTER 390, SB 193)κ
to valid documents and shall transmit that information to the secretary of state.
3. If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the petitioners and the county clerks and no further action may be taken in regard to the petition.] If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not less than 95 days before the next regular session of the legislature.
3. If a petition for initiative proposes an amendment to the constitution, the document or documents must be submitted not less than 155 days before the date of the next succeeding general election.
4. if the petition is for referendum, the document or documents must be submitted not less than 185 days before the date of the next succeeding general election.
Sec. 87. NRS 295.170 is hereby amended to read as follows:
295.170 1. The subject matter of such questions [shall] must be stated concisely on the ballot, and the question printed upon the ballot for the information of the voter [shall] must be as follows: Shall the act (setting out the title thereof) be approved?
2. Where [the punchcard] a mechanical voting system is used, the title of the act [shall] must appear on the [ballot card or ballot page assembly] the list of offices and candidates and the statements of measures to be voted on and may be condensed by the district attorney to 20 words.
3. The district attorney shall prepare an explanation of each such question, which [shall] must be placed on the ballot or [ballot page assembly] the list of offices and candidates and the statements of measures to be voted on, or posted in the polling place.
4. The votes cast upon such question [shall] must be counted and canvassed as the votes for county officers are counted and canvassed.
Sec. 88. Chapter 306 of NRS is hereby amended by adding thereto the provisions set forth as sections 89 and 90 of this act.
Sec. 89. If a notice of intent to circulate a petition to recall any public officer who is a legal adviser for the state or for a county, district or municipality is filed, the officer with whom the notice is filed may employ independent legal counsel to provide advice concerning the recall, at the expense of the state or the county, district or municipality electing that public officer.
Sec. 90. 1. Before a petition to recall a state officer is filed with the secretary of state, the petitioners must submit to each county clerk for verification the document or documents which were circulated for signature within his county.
2. Before a petition to recall a county, district or municipal officer is filed with the proper officer, the petitioners must submit to the county clerk for verification limited to the relevant area in the manner prescribed in sections 2 to 5, inclusive, of this act, the document or documents which were circulated for signatures within his county.
κ1985 Statutes of Nevada, Page 1115 (CHAPTER 390, SB 193)κ
3. If more than one document was circulated, all the documents must be submitted to the clerk at the same time.
Sec. 91. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon the filing of the petition, the officer with whom the petition is filed shall cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to [such] the petition over all but criminal matters. If the officer against whom the petition is filed is a state officer, the hearing on the petition must be held by the first judicial district court. The notice [shall] must be published once in a newspaper of general circulation in the [county.] appropriate county or, if the officer is a state officer, in each county of the state. The notice [shall] must contain the names of the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike [such] his name if good cause appears therefor.
2. At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer with whom the petition is filed either to cease any further proceedings in the matter or, if the officer against whom the petition was filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days after the date of the order, for a special election to be held in the state, or in the county, district or municipality electing the officer against whom the petition was filed, to determine whether the people will recall him.
Sec. 92. NRS 306.060 is hereby amended to read as follows:
306.060 1. If the officer against whom the petition is filed furnishes no justification of his course in office, none need appear on the ballot at the election upon his recall.
2. Where [the punchcard] a mechanical voting system is used, the reason for demanding the recall of the officer and the officers justification need not be printed on the ballot , [or ballot page assembly,] but must be printed on sample ballots, which must be mailed to all registered voters or presented to registered voters upon their application to vote.
Sec. 93. NRS 306.070 is hereby amended to read as follows:
306.070 1. If there are no other candidates nominated to be voted for at the special election, there [shall] must be printed on the ballot [or ballot page assembly] the name of the officer sought to be recalled, the office which he holds, and the words For Recall and Against Recall.
2. If there are other candidates nominated for the office to be voted for at the special election, there [shall] must be printed upon the ballot [or ballot page assembly] the name of the officer sought to be recalled, and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall [shall] must be omitted.
κ1985 Statutes of Nevada, Page 1116 (CHAPTER 390, SB 193)κ
and the words For Recall and Against Recall [shall] must be omitted.
3. In other respects the ballot [shall] must conform with the requirements of [the election laws of this state.] this Title.
Sec. 94. NRS 244.018 is hereby amended to read as follows:
244.018 [In any county whose population is 100,000 or more, where] If new or changed county commissioner election districts must be established because of changes in population or applicable law, the board of county commissioners shall establish those districts by ordinance and provide for the election from specified districts of the proper numbers of county commissioners for 4-year and 2-year terms respectively so that the numbers of county commissioners to be elected at each general election thereafter will be as nearly equal as possible. If at the time a general election is to be conducted for the election of county commissioners from new districts there is incumbent any county commissioner, elected at large or from a validly established election district, whose term extends beyond the 1st Monday of January of the following year, he is entitled to serve out his term and shall be deemed to represent the new district in which he resides.
Sec. 95. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever a number of registered voters equal to 35 percent or more of the number of persons registered to vote at the last preceding general election in any county in this state having less than 100,000 population petitions the board of county commissioners of their county to divide the county into three commissioner districts, or if the board has five members, into five commissioner districts, the question must be submitted to the qualified electors of the county for approval or disapproval at the next succeeding general election. The board of county commissioners may, on its own motion, submit the question to the voters in such a manner that the voters are given a choice as to whether to elect the commissioners from districts or at large. If a majority of the voters voting on the question approve the division, the board of county commissioners shall divide the county into three commissioner districts, or five commissioner districts, as the case may be, on or before the 1st Monday in July preceding each general election. The division must be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward must be wholly within one of the commissioner districts provided for in this section. Each commissioner district must embrace, as near as may be, one-third or one-fifth, as the case may be, of the population of the county, and must consist of adjoining precincts.
2. The board of county commissioners shall provide by resolution for the dates of election of commissioners from newly created districts, in such manner as to secure the earliest representation of each district as the terms of incumbent commissioners expire.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there is one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established.
κ1985 Statutes of Nevada, Page 1117 (CHAPTER 390, SB 193)κ
in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. The notice must be posted or published for a period of not less than 20 days before each general election.
4. County commissioners must be elected at large by the qualified electors of the county [.] , except where commissioner districts have been created by the voters pursuant to subsection 1.
5. The commissioner districts, regardless of when created, may be abolished by petition and election in the same manner as provided for their creation in subsection 1.
6. Upon the abolition of commissioner districts the incumbent county commissioners are entitled to serve the remainder of the terms for which they were elected or appointed, and thereafter county commissioners must be elected at large from within the county.
Sec. 96. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city or incorporated town.
2. An amendment to the charter of a city [:
(a) May be made] may be:
(a) Made by the legislature.
(b) [May be proposed] Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted [upon] by a petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendment.
3. An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next general municipal election or at a special election.
4. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
5. The petition must be filed with the city clerk. It must be in the form [,] and its sufficiency must be determined in the manner [,] provided [in chapter 295 of NRS] for city initiative petitions.
6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.
Sec. 97. NRS 293.467, 293B.015, 293B.020, 293B.030, 293B.035, 293B.040, 294B.045, 293B.215, 295.025, 295.057 and 295.058 are hereby repealed.
Sec. 98. Sections 86 and 96 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1118κ
Senate Bill No. 279Senators Bilbray, Horn, Townsend, Neal, Mello, Hickey, Shaffer and Redelsperger
CHAPTER 391
AN ACT relating to taxation; providing an additional method for determining the sales price used in the computation of the tax on the occasional sale of a used vehicle; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this section, authorized appraisal means an appraisal of the value of a motor vehicle made by:
(a) An employee of the department of motor vehicles on its behalf;
(b) A county assessor or his employee as an agent of the department of motor vehicles; or
(c) A person licensed by the department of motor vehicles as a dealer, rebuilder or automobile wrecker.
2. When computing the tax on the sale of a vehicle by a seller who is not required to be registered by the department of taxation, the department of motor vehicles or county assessor as an agent of the department of taxation shall, if an authorized appraisal is submitted:
(a) Require the submission of a notarized copy of the bill of sale for the particular vehicle; and
(b) Use as the vehicles sales price the amount stated on the authorized appraisal, the cost of the vehicle as evidenced by the copy of the bill of sale or $100, whichever is greater.
3. The department of motor vehicles shall establish and make available a form for an authorized appraisal.
4. The department of motor vehicles shall retain a copy of the appraisal of bill of sale considered pursuant to subsection 2 with its record of the collection of the tax.
5. A fee which does not exceed $10 may be charged and collected for each authorized appraisal made. Any money so collected by the department of motor vehicles for such an appraisal made by its employees must be deposited with the state treasurer to the credit of the motor vehicle fund. Any money so collected by a county assessor must be deposited with the county treasurer to the credit of the countys general fund.
6. If an authorized appraisal is not submitted, the department of motor vehicles or the county assessor as an agent of the department of taxation shall establish the sales price as a value which is based on the depreciated value of the vehicle as determined in accordance with the schedule in NRS 374.113. To determine the original price from which the depreciation is calculated, the department of motor vehicles shall use:
κ1985 Statutes of Nevada, Page 1119 (CHAPTER 391, SB 279)κ
the depreciation is calculated, the department of motor vehicles shall use:
(a) The manufacturers suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada;
(b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require;
(c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or
(d) If none of these applies, its own estimate from any available information.
Sec. 2. NRS 374.070 is hereby amended to read as follows:
374.070 1. Sales price means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold.
(b) The cost of the materials used, labor or service cost, interest charged, losses, or any other expenses.
(c) The cost of transportation of the property [prior to] before its purchase.
2. The total amount for which property is sold includes all of the following:
(a) Any services that are a part of the sale.
(b) Any amount for which credit is given to the purchaser by the seller.
3. Sales price does not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion [shall] does not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The amount charged for labor or services rendered in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.
(e) The amount of any tax imposed by the State of Nevada upon or with respect to the storage, use or other consumption of tangible personal property purchased from any retailer.
(f) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.
4. For the purpose of a sale of a vehicle by a seller who is not required to be registered with the department of taxation, the sales price is the value established [by the department of motor vehicles or the county assessor, as agent of the department, based on the depreciated value of the vehicle as determined in accordance with the schedule in NRS 374.113.
κ1985 Statutes of Nevada, Page 1120 (CHAPTER 391, SB 279)κ
is the value established [by the department of motor vehicles or the county assessor, as agent of the department, based on the depreciated value of the vehicle as determined in accordance with the schedule in NRS 374.113. To determine the original price from which the depreciation is calculated, the department of motor vehicles shall use:
(a) The manufacturers suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada.
(b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.
(c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or
(d) If none of these applies, its own estimate from any available information.] in the manner set forth in section 1 of this act.
Sec. 3. NRS 374.113 is hereby amended to read as follows:
374.113 1. Except as provided in subsection 2, for the purpose of computing the tax on the sale of a vehicle by a seller who is not required to be registered with the department [, each] in the manner provided for in subsection 6 of section 1 of this act, a vehicle must be depreciated according to the following schedule:
Age Percentage of
Initial Value
New.......................................................................................................... 100 percent
1 year..................................................................................................... 85 percent
2 years................................................................................................... 75 percent
3 years................................................................................................... 65 percent
4 years................................................................................................... 60 percent
5 years................................................................................................... 55 percent
6 years................................................................................................... 50 percent
7 years................................................................................................... 45 percent
8 years................................................................................................... 40 percent
9 years................................................................................................... 35 percent
10 years.................................................................................................... 30 percent
11 years.................................................................................................... 25 percent
12 years.................................................................................................... 20 percent
13 years.................................................................................................... 15 percent
14 years or more..................................................................................... 10 percent
2. The amount of depreciation calculated under subsection 1 must be rounded to the nearest whole multiple of $20 and the depreciated value must not be reduced below $100.
________
κ1985 Statutes of Nevada, Page 1121κ
Senate Bill No. 37Committee on Commerce and Labor
CHAPTER 392
AN ACT relating to public utilities; authorizing the interim committee of the legislature which reviews the performance of the consumers advocate to make recommendations to the public service commission; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.400 is hereby amended to read as follows:
228.400 1. There is hereby created an interim committee of the legislature to review the performance of the office of the consumers advocate.
2. The committee consists of:
(a) Two members of the senate from the majority political party, designated by the majority leader of the senate;
(b) One member of the senate from the minority political party, designated by the minority leader of the senate;
(c) Three members of the assembly from the majority political party, designated by the speaker of the assembly; and
(d) Two members of the assembly from the minority political party, designated by the minority leader of the assembly.
3. The members from the assembly shall select a chairman from among their number to serve for the period ending with the convening of each even-numbered regular session of the legislature. The members from the senate shall select a chairman from among their number to serve during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
4. The committee exists only when the legislature is not in regular or special session. The committee shall meet at the call of the chairman to review and evaluate the effectiveness and functioning of the office of the consumers advocate. It may make recommendations to the consumers advocate, the attorney general, the public service commission, the legislative commission, the interim finance committee and the legislature.
5. The director of the legislative counsel bureau shall provide a secretary for the committee. Each member of the committee is entitled to receive out of the legislative fund a salary for each day or portion of a day in attendance at a meeting of the committee, in an amount equal to the salary established for members of the legislative commission, and the per diem allowance and travel expenses provided for state officers and employees generally.
________
κ1985 Statutes of Nevada, Page 1122κ
Assembly Bill No. 603Committee on Government Affairs
CHAPTER 393
AN ACT relating to public employees; broadening the permissible deferral of compensation; exempting from insurance premium tax policies or annuity contracts issued in connection with that deferred compensation; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 287.270 is hereby amended to read as follows:
287.270 Deferred compensation means income which a state employee or employee of the University of Nevada System may legally set aside under 26 U.S.C. § 401(k) or 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 2. NRS 287.320 is hereby amended to read as follows:
287.320 1. The state may agree with any of its employees , and the board of regents of the University of Nevada System may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the committee and as authorized by 26 U.S.C. § 401(k) or 457.
2. The [state] employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the [state] employer to defer.
3. The [state] employer may invest the withheld money in any investment approved by the committee.
4. The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.
5. All amounts of compensation deferred pursuant to the program, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights remain solely the property and rights of the state [,] or the University of Nevada System, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries.
Sec. 3. NRS 287.330 is hereby amended to read as follows:
287.330 The governor shall appoint a committee, which must include the attorney general or his designee, to administer the program. The committee may:
1. Create [a state employees deferred compensation fund or other] an appropriate fund for administration of money and other assets resulting from compensation deferred under the program.
2. With the approval of the governor, delegate to one or more state agencies or institutions of the University of Nevada System the responsibility for administering the program for their respective employees, including:
κ1985 Statutes of Nevada, Page 1123 (CHAPTER 393, AB 603)κ
agencies or institutions of the University of Nevada System the responsibility for administering the program for their respective employees, including:
(a) Collection of deferred compensation;
(b) Transmittal of money collected to depositories within the state designated by the committee; and
(c) Payment of deferred compensation to participating employees.
3. Contract with a private person, corporation, institution or other entity, directly or through a state agency [,] or institution of the University of Nevada System, for services necessary to the administration of the plan, including without limitation:
(a) Consolidated billing;
(b) [Recordkeeping] The keeping of records for each participating employee and the program;
(c) [Asset purchase, control and safeguarding;
(d) Employee communication programs; and
(e) Program administration and coordination.] The purchase, control and safeguarding of assets;
(d) Programs for communication with employees; and
(e) The administration and coordination of the program.
4. The committee and its individual members are not liable for any [investment decision] decision relating to investments if the committee has:
(a) Obtained the advice of qualified [investment counsel;] counsel on investments;
(b) Established proper objectives and policies relating to investments; and
(c) Exercised that degree of care and judgment which persons of ordinary prudence and reasonable discretion exercise in the management of their own affairs, considering probable income as well as the probable safety of their capital.
Sec. 4. NRS 287.340 is hereby amended to read as follows:
287.340 1. Deferrals of compensation may be withheld as [payroll deductions] deductions from the payroll in accordance with the agreement between the [state] employer and a participating employee.
2. The amount of deferred compensation set aside by the [state] employer under the program during any calendar year may not exceed the amount authorized by 26 U.S.C. § 401(k) or 457.
Sec. 5. NRS 287.360 is hereby amended to read as follows:
287.360 The program [shall] must be established in addition to other retirement, pension and benefit systems established by the state [,] or University of Nevada System, and does not supersede, make inoperative, or reduce benefits provided by the public employees retirement system or by any other retirement, pension or benefit program established by law.
Sec. 6. NRS 287.370 is hereby amended to read as follows:
287.370 No appropriated money of the state may be spent in connection with the administration of the program except as compensation for employees who participated in the administration as part of their regular duties, including without limitation:
κ1985 Statutes of Nevada, Page 1124 (CHAPTER 393, AB 603)κ
for employees who participated in the administration as part of their regular duties, including without limitation:
1. Members and staff of the committee; and
2. Employees of the state agency or the institution of the University of Nevada System selected to administer the program.
Sec. 7. NRS 287.401 is hereby amended to read as follows:
287.401 Deferred compensation means income which an employee of a political subdivision may legally set aside under 26 U.S.C. § 401(k) or 457 and which, while invested under the program, is exempt from federal income taxes on the employees contributions and interest, dividends and capital gains.
Sec. 8. NRS 680B.025 is hereby amended to read as follows:
680B.025 For the purposes of NRS 680B.025 to 680B.039, inclusive:
1. Total income derived from premiums:
(a) Does not include premiums or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt under sections 401, 403, 404, 408 , 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.
(b) As to title insurance consists of the total amount received by the company from the sale of policies of title insurance.
2. Money accepted by a life insurer under an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as total income derived from premiums either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in total income derived from premiums, and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as total income derived from premiums is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as return premiums under the provisions of NRS 680B.030.
________
κ1985 Statutes of Nevada, Page 1125κ
Assembly Bill No. 549Committee on Natural Resources, Agriculture and Mining
CHAPTER 394
AN ACT relating to the state analytical laboratory; abolishing the laboratory and transferring its functions to the bureau of mines and geology of the public service division of the University of Nevada System; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 513.113 is hereby amended to read as follows:
513.113 The department may request assistance from the bureau of mines and geology of the State of Nevada [, the state analytical laboratory] and the state engineer and cooperate with them in carrying out the purposes of this chapter.
Sec. 2. NRS 396.600 is hereby amended to read as follows:
396.600 The public service division of the University of Nevada System [shall consist] consists of the following public service departments:
1. [State analytical laboratory.
2.] Agricultural extension.
[3.] 2. Agricultural experiment station.
[4.] 3. Bureau of mines and geology.
[5.] 4. Such other departments as the board of regents may designate.
Sec. 3. 1. The personnel and equipment of the state analytical laboratory are hereby transferred to the bureau of mines and geology of the public service division of the University of Nevada System.
2. The Mackay school of mines shall conduct research in the analysis of rocks and minerals and may accept any grant for that purpose.
________
Assembly Bill No. 491Committee on Government Affairs
CHAPTER 395
AN ACT relating to public utilities; providing separately for the regulation of utilities which supply natural gas by the public service commission of Nevada in establishing rates for services provided to commercial and industrial users; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section, with respect to the sale of gas:
κ1985 Statutes of Nevada, Page 1126 (CHAPTER 395, AB 491)κ
(a) Generating customer means a customer who generates electricity by burning natural gas.
(b) Industrial customer means a customer engaged primarily in manufacturing or processing which changes raw or unfinished materials into another form or creates another product.
(c) Large commercial customer means a customer whose requirements equal or exceed 50 thousand cubic feet per day on any day and which is an institution, an agency of federal, state or local government, or engaged primarily in renting out offices or other commercial space, in providing lodging or in the sale of other goods or services.
2. The commission shall establish standards for the setting, increase or decrease of rates and charges for natural gas to generating, industrial and large commercial customers. These standards must authorize increases or decreases on less than 30 days notice. Establishing different classes of customer, and charging different rates to customers of the same class, for these customers do not violate this chapter.
3. The commission may, for sales to generating, industrial and large commercial customers:
(a) Exempt the filing of rates from those provisions of NRS 704.080, 704.090, 704.100 and 704.110 which it determines are not needed to protect the public interest.
(b) Authorize the establishment of different classes of customer or the charging of different rates for customers of the same class, based on value of the service and on the customers ability to change from one fuel to another.
Sec. 2. NRS 704.070 is hereby amended to read as follows:
704.070 Unless exempt under the provisions of section 1 of this act:
1. Every public utility shall file with the commission, within a time to be fixed by the commission, schedules which [shall] must be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it.
2. [In connection with such schedule, and as a part of it, there shall also be filed all rules and] All rules or regulations that in any manner affect the rates charged or to be charged for any service or product [.] must be filed with that schedule.
Sec. 3. NRS 704.100 is hereby amended to read as follows:
704.100 Except as otherwise provided in section 1 of this act or as may otherwise be provided by the commission pursuant to NRS 704.095:
1. No changes may be made in any schedule, including schedules of joint rates, or in the rules [and] or regulations affecting any rates or charges, except upon 30 days notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a [less] shorter time within which a reduction may be made.
κ1985 Statutes of Nevada, Page 1127 (CHAPTER 395, AB 491)κ
2. Copies of all new or amended schedules must be filed and posted in the stations and offices of public utilities as [in the case of] required for original schedules.
3. Except as provided in subsection 4 or in section 1 of Senate Bill No. 290, the commission shall not consider an application by a public utility if the justification for the new schedule includes any items of expense or rate base which are set forth as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.
4. A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or [policy] considerations of policy for each item are advanced in the application to justify a reversal of the commissions prior decision.
5. If the commission receives an application that is within the prohibition of subsection 3, it shall, within 30 days, notify the public utility that the application is dismissed.
6. The commission shall determine whether a hearing must be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.
7. In making the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
Sec. 4. NRS 704.110 is hereby amended to read as follows:
704.110 Except as otherwise provided in section 1 of this act or as may otherwise be provided by the commission pursuant to NRS 704.095:
1. Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for [a longer period] more than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
κ1985 Statutes of Nevada, Page 1128 (CHAPTER 395, AB 491)κ
time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent [12-month period.] 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the [most recent 12 consecutive months for which data are available at the time of filing,] same 12 months, adjusted for increased revenues, any increased investment in facilities, increased [depreciation expenses,] expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of [the actual 12-month results of operations;] those 12 months, but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting [depreciation expenses,] expenses for depreciation, calculated on an annual basis, applicable to major components of the public utilitys plant placed into service during the recorded test period or the [certification] period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as may be required by this chapter.
4. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
5. Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with the commissions regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission.
κ1985 Statutes of Nevada, Page 1129 (CHAPTER 395, AB 491)κ
the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.
6. Except as provided in subsection 7 or in section 1 of Senate Bill No. 290, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for [rate] increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.
7. A public utility may not file an application to recover the increased cost of purchased fuel, purchased power , or natural gas purchased for resale more often than once every 30 days.
Sec. 5. NRS 704.210 is hereby amended to read as follows:
704.210 The commission may:
1. [Make] Adopt necessary and reasonable [rules and] regulations governing the procedure, administration and enforcement of the provisions of this chapter , subject to the provisions of NRS 416.060.
2. Prescribe classifications of the service of all public utilities [,] and , except as otherwise provided in section 1 of this act, fix and regulate the rates therefor.
3. Fix just and reasonable charges for transportation of all intrastate freight and passengers, [sleeping-car] accommodations in sleeping cars and all matter carried by express companies within the state, for the transportation of messages by telegraph companies, and the rates and tolls for the use of telephone lines within the state.
4. [Make] Adopt just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.
5. Consider the need for [energy conservation] the conservation of energy when acting pursuant to the provisions of subsections 1 to 3, inclusive.
Sec. 6. Sections 3 and 4 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1130κ
Assembly Bill No. 435Committee on Legislative Functions
CHAPTER 396
AN ACT relating to the legislative counsel bureau; requiring the director of the legislative counsel bureau to conduct searches by computer of the text of specified materials under certain circumstances; redefining the duties of the various divisions; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. When the legislature is not in session, the director of the legislative counsel bureau shall, upon the request of the attorney general, conduct searches by computer of the text of the Nevada Revised Statutes or other publications which may be accessible by a computer operated by the legislative counsel bureau. When the legislature is in session, the director may conduct such searches. The legislative commission shall prescribe a reasonable fee for this service.
Sec. 3. The research division shall:
1. Prepare publications relating to the legislature and the legislative counsel bureau;
2. Provide necessary personnel to standing and interim committees as assigned by the director, the legislature or the legislative commission;
3. Maintain the library of the legislative counsel bureau;
4. Provide information and assistance to the legislature and the members and committees thereof concerning the apportionment of legislative districts and any other political districts the boundaries of which are determined by the legislature; and
5. Perform such other functions as may be assigned by the legislature, the legislative commission or the director of the legislative counsel bureau.
Sec. 4. NRS 218.243 is hereby amended to read as follows:
218.243 1. The legislative commission shall establish a standing committee of three members to consult with the legislative counsel concerning [the] :
(a) The effectuation of the limits on requests for drafting which are imposed or advanced by this chapter.
(b) Any changes in the management of the work load of the legal division of the legislative counsel bureau it may find necessary to ensure the timely drafting of legislation and the effective management of that division.
2. The committee shall meet with the legislative counsel on or before July 1, September 1 and January 1 next preceding the convening of each regular session, and at such other times as the committee or the legislative counsel may request.
κ1985 Statutes of Nevada, Page 1131 (CHAPTER 396, AB 435)κ
3. The committee shall also recommend to the legislative commission any changes in number or salary of employees in the legal division [of the legislative counsel bureau] which it may find necessary to ensure the timely drafting of legislation.
Sec. 5. NRS 218.5365 is hereby amended to read as follows:
218.5365 1. The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee. The research director of the legislative counsel bureau or a person he has designated shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Four members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. The members of the committee who are state legislators are entitled to receive a salary of $80 and the subsistence allowances and travel expenses provided for state officers and employees generally for each day of attendance at a meeting of the committee and while engaged in the business of the committee.
3. The member of the committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his position for each day of attendance at a meeting of the committee and while engaged in the business of the committee, to be paid by his local political subdivision.
Sec. 6. NRS 218.625 is hereby amended to read as follows:
218.625 1. The director, other officers and employees of the legislative counsel bureau shall not:
(a) Oppose or urge legislation, except as the duties of the director, the legislative auditor, the legislative counsel, the research director and the fiscal analysts require them to make recommendations to the legislature.
(b) Except as provided in this section, disclose to any person outside the legislative counsel bureau the contents or nature of any matter, unless the person entrusting the matter to the legislative counsel bureau so requests or consents.
2. Except as the legislative auditor and his staff are further restricted by this chapter, the nature or content of any work previously done by the personnel of the legislative counsel bureau may be disclosed to a legislator or public agency if or to the extent that [such] the disclosure does not reveal the identity of the person who requested it or include any material submitted by the requester which has not been published or publicly disclosed.
3. When a bill or resolution drafted at the request of any person who is not a legislator, is delivered to a legislator, the legislative counsel shall disclose the identity of the requester to the recipient, and when the bill or resolution has been introduced he shall upon request disclose the identity of the requester to any legislator.
κ1985 Statutes of Nevada, Page 1132 (CHAPTER 396, AB 435)κ
4. When a statute has been enacted or a resolution adopted, the legislative counsel shall upon request disclose to any person the state or other jurisdiction from whose law it appears to have been adopted.
5. The records of the travel expenses of legislators and officers and employees of the legislative counsel bureau are available for public inspection at such reasonable hours and under such other conditions as the legislative commission may prescribe.
Sec. 7. NRS 218.683 is hereby amended to read as follows:
218.683 1. The director of the legislative counsel bureau, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities. The fiscal analysts, legislative auditor, research director and legislative counsel shall perform the respective duties assigned to them by law under the administrative supervision of the director.
2. [Except as otherwise provided in this chapter, the] The director of the legislative counsel bureau shall, consistent with the budget approved by the legislative commission and within the limits of legislative appropriations and other available funds, employ and fix the salaries of or contract for the services of such professional, technical, clerical and operational personnel and consultants as the execution of his duties and the operation of the legislative counsel bureau may require.
3. All of the personnel of the legislative counsel bureau are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the legislative commission shall prescribe.
4. The director shall serve as the Nevada legislative federal-state coordinator.
Sec. 8. NRS 218.6851 is hereby amended to read as follows:
218.6851 1. The administrative division consists of the chief of the division and such staff as he may require.
2. The administrative division is responsible for:
(a) Accounting;
(b) Communication equipment;
(c) Control of inventory;
(d) Janitorial services;
(e) Maintenance of buildings, grounds and vehicles;
(f) Purchasing;
(g) Security;
(h) Shipping and receiving;
(i) Utilities; [and]
(j) Warehousing operations [.] ;
(k) Data processing; and
(l) Reproduction of documents.
3. The legislative commission may assign any other appropriate function to the administrative division.
Sec. 9. NRS 218.695 is hereby amended to read as follows:
218.695 The legislative counsel [shall:
1. Have] :
κ1985 Statutes of Nevada, Page 1133 (CHAPTER 396, AB 435)κ
1. Has the powers and duties assigned to him in this chapter and chapters 219 and 220 of NRS, and such other powers and duties as may be assigned to him by the director of the legislative counsel bureau, the legislature and the legislative commission.
2. [Upon] Shall, upon the request of any member or committee of the legislature or the legislative commission, give his opinion in writing upon any question of law, including existing law and suggested, proposed and pending legislation which has become a matter of public record.
Sec. 10. NRS 218.731 is hereby amended to read as follows:
218.731 The research director shall:
1. Provide the legislature and the members and committees thereof with comprehensive and accurate [research] reports and background [papers] information on subjects of legislative interest.
2. Analyze and evaluate the long-range planning activities and programs of the State of Nevada and its political subdivisions when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.
3. Analyze and evaluate the public policies of the State of Nevada and its political subdivisions and make appropriate recommendations regarding [such] those policies when authorized by the legislature, the legislative commission or the director of the legislative counsel bureau.
4. [Serve as the Nevada legislative federal-state coordinator.
5.] Advise the legislature and the members and committees thereof regarding matters [of a research nature.
6.] relating to the resources and procedures which are necessary to conduct research.
5. Perform such other functions as may be assigned to the research division by the legislature, the legislative commission or the director of the legislative counsel bureau.
Sec. 11. NRS 218.260 is hereby repealed.
Sec. 12. Sections 3 to 11, inclusive, of this act become effective on January 1, 1986.
________
κ1985 Statutes of Nevada, Page 1134κ
Senate Bill No. 334Committee on Judiciary
CHAPTER 397
AN ACT relating to time shares; authorizing the administrator to impose fines; clarifying the procedure for suspending and revoking permits and licenses; making law governing the sale of real estate applicable to the sale of a time share after the initial sale by the developer; providing penalties; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Blanket encumbrance means any mortgage, deed of trust, option to purchase, mechanics lien, vendors lien or interest under a contract or agreement for sale, judgment lien, federal or state tax lien or other lien or encumbrance which secures or evidences an obligation to pay money or to sell or convey any property made available to purchasers by the developer or any portion thereof and which authorizes, permits or requires the foreclosure or other disposition of the property affected. The term does not include a lien for taxes or assessments levied by any public authority which are not due.
Sec. 3. 1. The division shall regularly inspect the files of transactions, records of trusts and relevant accounts of all project brokers and developers.
2. The division may impose a fine or suspend or revoke the license or permit of any project broker or developer who fails to allow or cooperate fully with such an inspection.
3. The division shall adopt regulations specifying the procedure for such inspections.
Sec. 4. It is unlawful to engage in unfair methods of competition or deceptive or unfair acts in the offer to sell or sale of a time share including, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a time share.
2. Including in an agreement for the purchase of a time-share provisions purporting to waive any right or benefit provided for purchasers under this chapter.
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser has received a statement of public offering.
4. Misrepresenting the amount of time or period of time the unit will be available to a purchaser.
5. Misrepresenting the location or locations of the unit.
6. Misrepresenting the size, nature, extent, qualities or characteristics of the unit.
κ1985 Statutes of Nevada, Page 1135 (CHAPTER 397, SB 334)κ
7. Misrepresenting the nature or extent of any services incident to the unit.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights to a unit in one location for occupancy rights to a unit in another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a time share.
10. Conducting or participating in, without prior approval by the division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a time-share project, attend a meeting at which a time share will be discussed, attend a presentation or purchase a time share.
11. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171, 598.410 or chapter 598A or 599A of NRS.
Sec. 5. The administrator may impose a fine or suspend, revoke or place conditions upon the permit of a developer at any time if he:
1. Obtained the permit by false or fraudulent representation; or
2. Violates any of the provisions of this chapter or the regulations adopted pursuant thereto.
Sec. 6. 1. The procedure set forth in this section must be followed before the imposition of a fine or revocation or suspension of any license or permit.
2. Upon the initiation of a complaint by the administrator, the matter must be set for a hearing by the administrator, who shall schedule a hearing before the hearing officer, and the licensee is entitled to be heard thereon in person or by counsel.
3. The hearing officer shall hold the hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may be continued at the discretion of the hearing officer, upon the written request of the licensee or of the administrator for good cause shown.
4. The licensee must be given at least 30 days notice in writing by the administrator of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the division relevant to the complaint. The administrator may present evidence obtained after the notice only if he shows that the evidence was not available after diligent investigation before the time notice was given to the licensee and that the evidence was given or communicated to the licensee immediately after it was obtained.
5. Notice is complete upon delivery personally to the licensee, or upon mailing by certified mail to the last known address of the licensee. If the licensee is a sales agent, the administrator shall also notify the broker with whom he is associated, or the developer by whom he is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the developers or brokers last known address.
κ1985 Statutes of Nevada, Page 1136 (CHAPTER 397, SB 334)κ
time and place of the hearing by certified mail to the developers or brokers last known address.
Sec. 7. 1. Within 20 days after service of the notice upon him, the licensee shall file an answer to the charges with the division. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely.
2. The answer may be served by delivery to the administrator, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding for the imposition of a fine or the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years after the time of the act charged, whether of commission or omission, except:
(a) If the charges are based upon a failure to disclose or misrepresentation, the period does not commence until the discovery of facts which do or should lead to the discovery of the failure to disclose or misrepresentation; and
(b) Whenever any action or proceeding is instituted to which the division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to impose a fine or suspend or revoke the license is suspended during the pendency of the action or proceeding.
Sec. 8. 1. The hearing officer shall render a decision on any complaint within 60 days after the final hearing thereon and shall give notice in writing of the ruling or decision to the applicant or licensee affected thereby by certified mail to the last known address of the person to whom the notice is sent.
2. If the ruling is adverse to the licensee, the hearing officer shall also state in the notice the date upon which the ruling or decision becomes effective, which date must not be less than 30 days after the date of the notice.
3. The decision of the hearing officer may not be stayed by any appeal unless the district court so orders upon motion of the licensee, notice to the division of the motion and opportunity for the division to be heard.
4. An appeal from a decision of the district court affirming the imposition of a fine or the revocation or suspension of a license does not stay the order of the hearing officer unless the district or appellate court upon petition of the licensee after notice and hearing orders such stay, and upon the filing of a bond for costs in the amount of $1,000.
Sec. 9. 1. A ruling or decision of the hearing officer in any disciplinary action is final when in favor of the licensee.
2. If a ruling or decision is against the licensee, the licensee may within 30 days after the date of the decision appeal therefrom to the district court for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by filing in the district court and serving upon the administrator personally or by certified mail a notice of the appeal, a written petition for review and a demand in writing for a certified transcript and copies of all the papers on file in the office of the division affecting or relating to the decision and the evidence taken at the hearing.
κ1985 Statutes of Nevada, Page 1137 (CHAPTER 397, SB 334)κ
chapter, by filing in the district court and serving upon the administrator personally or by certified mail a notice of the appeal, a written petition for review and a demand in writing for a certified transcript and copies of all the papers on file in the office of the division affecting or relating to the decision and the evidence taken at the hearing. Thereupon, the division shall, within 30 days, make and certify the transcript and the copies and file them with the clerk of the court. The petition for review need not be verified but must set forth in specific detail any ground for the appeal, including any errors which the licensee contends that the hearing officer committed at the hearing.
3. The appellants opening brief must be filed in the district court within 30 days after the date on which the transcript is filed with the court. The respondents answering brief must be filed within 30 days after the appellants opening brief is filed. If the appellant chooses to file a reply brief, it must be filed within 10 days after the respondents answering brief is filed. Failure to file a brief within the time prescribed in this section constitutes a waiver of the right to file that brief, unless the court grants an extension for good cause shown.
4. The burden of proof in the appeal is on the appellant. The court shall consider the action of the administrator upon which the decision of the hearing officer was based, and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the administrator in making that decision.
Sec. 10. NRS 119A.010 is hereby amended to read as follows:
119A.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 11. NRS 119A.080 is hereby amended to read as follows:
119A.080 Project means the real property [, which must contain more than one unit,] in which time shares are created by a single instrument or set of instruments.
Sec. 12. NRS 119A.140 is hereby amended to read as follows:
119A.140 Time share means the right to use and occupy a unit on a recurrent periodic basis according to an arrangement allocating this right among various time-share owners [.] whether or not there is an additional charge to the time-share owner for occupying the unit.
Sec. 13. NRS 119A.170 is hereby amended to read as follows:
119A.170 1. The provisions of this chapter , except subsection 3, do not apply to:
(a) The sale of 12 or fewer time shares in a time-share project, unless the developer offers to sell time shares in other projects in the same subdivision and the total number of time shares exceeds 26 in a period of 12 months;
(b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;
κ1985 Statutes of Nevada, Page 1138 (CHAPTER 397, SB 334)κ
(c) Any transfer of a time share by deed in lieu of foreclosure or as a result of foreclosure of the time share;
(d) A gratuitous transfer of a time share; [or]
(e) A transfer by devise or descent or a transfer to an inter vivos trust [,] ; or
(f) The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years,
unless the method of disposition is adopted for the purpose of evading the provisions of this chapter.
2. The division may from time to time, pursuant to regulations adopted by it, exempt from any of the provisions of this chapter any other sale, transfer or disposition of a time share if it finds that the enforcement of this chapter with respect to such a transaction is not necessary in the public interest and for the protection of purchasers.
3. The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies, and for that purpose the terms real property and real estate as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.
Sec. 14. NRS 119A.210 is hereby amended to read as follows:
119A.210 1. The administrator shall issue a sales agents license to each applicant who submits an application to the division, in the manner provided by the division, which includes:
(a) Satisfactory evidence, affirmed by the project broker or another acceptable source, that the applicant has completed 14 hours of instruction in:
(1) Ethics.
(2) The applicable laws and regulations relating to time shares.
(3) Principles and practices of selling time shares.
(b) Satisfactory evidence that he has a reputation for honesty, trustworthiness and competence.
(c) A designation of the developer for whom he proposes to sell time shares.
(d) Any further information required by the division, including the submission by the applicant to any investigation by the police or the division.
2. In addition to or in lieu of the 14 hours of instruction required by paragraph (a) of subsection 1, the applicant may be required to pass successfully an examination which may be adopted by the division to examine satisfactorily the knowledge of the applicant in those areas of instruction listed in paragraph (a) of subsection 1.
3. The application must be accompanied by a fee of $75. This fee must be used by the division to pay the costs of investigating, acting upon and reviewing applications for sales agents licenses.
4. A person who is licensed as a salesman pursuant to chapter 645 of NRS is not required to obtain a license pursuant to the provisions of this section.
κ1985 Statutes of Nevada, Page 1139 (CHAPTER 397, SB 334)κ
of NRS is not required to obtain a license pursuant to the provisions of this section.
5. Upon the issuance of a license to an applicant, the applicant must pay a fee of [$25.] $100.
6. Each sales agents license issued pursuant to this section expires 2 years after the last day of the calendar month in which it was issued and must be renewed on or before that date. Each licensee must pay a renewal fee of [$25.] $100.
7. The administrator may adopt regulations establishing and governing requirements for the continuing education of sales agents.
Sec. 15. NRS 119A.220 is hereby amended to read as follows:
119A.220 1. A sales agent may work for only one project broker at any one time [.] at the location designated in the license.
2. A project broker shall give written notice to the division of a change of association of any sales agent associated with him within 10 days after that change.
3. The project broker, upon the termination of the employment of any sales agent associated with him, shall submit that agents license to the division.
4. If a sales agent changes his association with any project broker [,] or changes his location with the same project broker, he must apply to the division for the reissuance of his license for its unexpired term. The application must be accompanied by a fee of $10.
5. A sales agent may only become associated with a project broker who certifies to his honesty, trustworthiness and good reputation.
Sec. 16. NRS 119A.230 is hereby amended to read as follows:
119A.230 1. The administrator may impose a fine or suspend, revoke or reissue, subject to conditions, any sales agents license issued under the provisions of this chapter at any time if the sales agent has, by false or fraudulent application or representation, obtained a license or, whether or not acting as a sales agent, is found guilty of:
(a) Making any material misrepresentation;
(b) Making any false promises of a character likely to influence, persuade or induce;
(c) Engaging in any fraudulent, misleading or oppressive sales techniques or tactics;
(d) Accepting a commission or valuable consideration as a sales agent for the performance of any of the acts specified in this chapter from any person except a licensed project broker with whom the sales agent is associated or the developer by whom he is employed; [or]
(e) Failing, within a reasonable time, to account for or remit or turn over to the project broker any money which comes into his possession and which belongs to others [.] ;
(f) Violating any of the provisions of this chapter or any regulations adopted pursuant thereto or willfully aiding and abetting another person to do so; or
(g) A felony or other crime of moral turpitude or has entered a plea of nolo contendere to a felony or other crime of moral turpitude.
κ1985 Statutes of Nevada, Page 1140 (CHAPTER 397, SB 334)κ
2. The administrator may investigate the actions of any sales agent or any person who acts in such a capacity within the State of Nevada.
3. The administrator may refer any complaint for the revocation or suspension of a sales agents license to the real estate commission or to a hearing officer designated by the director of the department of commerce. The real estate commission or the hearing officer shall report its findings and recommendations to the administrator.
Sec. 17. NRS 119A.280 is hereby amended to read as follows:
119A.280 1. The administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with [the terms of his permit.] the provisions of this chapter or the regulations adopted pursuant thereto.
2. The order to cease must be in writing and must state that, in the opinion of the administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after he receives such an order.
3. Within 30 days after receiving such an order, a developer may file a verified petition with the administrator for a hearing.
[4. The administrator shall, within 10 days after receiving the petition, bring an action in a district court of the State of Nevada in the county in which the activity is occurring to enjoin the person from continuing that activity pending the completion of hearings as prescribed by this chapter. The administrators order to cease must be rescinded upon the entering of a decision by the court or 10 days after the administrator receives the petition unless the administrator brings an action within that time.] The administrator shall hold a hearing within 30 days after the petition has been filed. If the administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.
4. If the decision of the administrator after a hearing is against the person ordered to cease and desist, he may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the administrator in making the decision.
5. In lieu of the issuance of an order to cease such activities, the administrator may enter into an agreement with the developer in which the developer agrees to:
(a) Discontinue the activities that are not in compliance with this chapter;
(b) Pay all costs incurred by the division in investigating the developers activities and conducting any necessary hearings; and
κ1985 Statutes of Nevada, Page 1141 (CHAPTER 397, SB 334)κ
(c) Return to the purchasers any money or property which he acquired through such violations.
The terms of such an agreement are confidential unless violated by the developer.
Sec. 18. NRS 119A.310 is hereby amended to read as follows:
119A.310 The administrator shall deny an application for a permit to sell time shares if he finds that:
1. The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the division.
2. The developer, or any of its affiliates, has:
(a) Been convicted of or pled nolo contendere to a felony or other crime involving fraud or misrepresentation;
(b) Been permanently enjoined by a court of competent jurisdiction from selling real estate , time shares or securities;
(c) Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesman, project broker or sales agent revoked;
(d) Been convicted of or pled nolo contendere to selling time shares without a license; or
(e) Had a permit to sell time shares , securities or real estate revoked.
Sec. 19. NRS 119A.410 is hereby amended to read as follows:
119A.410 1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract . [or payment of the purchase price in cash.]
2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail or telegraph to the business address of the developer.
4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.
Sec. 20. NRS 119A.430 is hereby amended to read as follows:
119A.430 Escrow may not be closed unless the developer has provided satisfactory evidence to the administrator that:
1. The project is free and clear of any blanket [mortgages;] encumbrance;
2. Each person who holds an interest in the blanket [mortgage] encumbrance; has executed an agreement, approved by the administrator, to subordinate his rights to the rights of the purchaser [or title] ;
3. Title to the time-share project has been conveyed to a trustee;
[3.] 4. All holders of a lien recorded against the project have recorded an instrument providing for the release and reconveyance of each time share from the lien upon the payment of a specified sum or the performance of a specified act;
κ1985 Statutes of Nevada, Page 1142 (CHAPTER 397, SB 334)κ
[4.] 5. He has obtained and recorded a binding nondisturbance agreement acceptable to the administrator, executed by himself and all holders of a lien recorded against the project which provides that subsequent owners or foreclosing holders of a lien take title to the project subject to the rights of prior purchasers provided in the contracts of sale; or
[5.] 6. Alternative arrangements [complying with the regulations of] have been made which are adequate to protect the rights of the purchasers of the time shares and approved by the administrator . [have been made.]
Sec. 21. NRS 119A.450 is hereby amended to read as follows:
119A.450 1. A contract for the sale of a time share or any other evidence of an obligation to purchase a time share must provide in 12-point bold type that the purchaser is relieved of all obligations under the contract if his interests are defeated because of the foreclosure of liens against the project. The provisions of this subsection do not apply to any time-share project which meets the requirements of subsections 1 to 5, inclusive, of NRS 119A.430.
2. If a developer or owner is in default on a senior security, he may not sell or pledge any of the notes given in payment of the time shares purchased from him.
Sec. 22. NRS 119A.470 is hereby amended to read as follows:
119A.470 1. If title to a time-share project is conveyed to a trustee pursuant to subsection [2] 3 of NRS 119A.430, before escrow closes for the sale of the first time share, the developer must provide the division with satisfactory evidence that:
(a) Title to the project has been conveyed to the trustee.
(b) All proceeds received by the developer from the sales of time shares are being delivered to the trustee and deposited in a fund which has been established to provide for the payment of any taxes, costs of insurance or the discharge of any lien recorded against the project.
[(c) The trustee is paying all charges against the trust in the following order:
(1) Payment of taxes.
(2) Payments due any holder of a lien recorded against the project.
(3) Payments for the maintenance of the fund.
(4) Trustees fees and costs.
(5) Any other payments authorized by the document creating the trust.]
2. The trustee shall pay the charges against the trust in the following order:
(a) Trustees fees and costs.
(b) Payment of taxes.
(c) Payments due any holder of a lien recorded against the project.
(d) Any other payments authorized by the document creating the trust.
3. The administrator may inspect the records relating to the trust at any reasonable time.
κ1985 Statutes of Nevada, Page 1143 (CHAPTER 397, SB 334)κ
Sec. 23. NRS 119A.480 is hereby amended to read as follows:
119A.480 1. If the interest of the developer is a leasehold interest, the lease, unless otherwise determined by the division, must provide that:
(a) The lessee must give notice of termination of the lease for any default by the lessor to the association.
(b) The lessor, upon [the] any default of the lessee including bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as the lease with the developer.
2. The division may require the developer to execute a bond or other type of security for the payment of the rental obligation.
Sec. 24. NRS 119A.490 is hereby amended to read as follows:
119A.490 1. Any proposed amendment by the developer of the provisions of the document which created the time-share project [, articles of incorporation, trust or bylaws which adversely affects the interests of the time-share owner] must be filed with the division.
2. Unless the division notifies the developer of its disapproval within 15 days, the amendments shall be deemed to be approved by the division.
Sec. 25. NRS 119A.510 is hereby amended to read as follows:
119A.510 If a unit is unavailable for a period to which the owner is entitled by schedule or by confirmed reservation, [and the manager is responsible,] the owner is entitled to be provided:
1. A comparable unit; or
2. Monetary compensation for the loss of such use.
Sec. 26. NRS 119A.520 is hereby amended to read as follows:
119A.520 1. Each owner is a member of the association for the time-share project. The association may be incorporated.
2. The state of incorporation may be:
(a) This state;
(b) The state in which the time-share project is located; or
(c) Any state where the developer has obtained a permit to sell time shares under statutes which govern the sale of time shares.
3. [If an association is incorporated, the articles of incorporation or the bylaws must provide for the transfer by the developer] The developer shall transfer to the owners [of] the control of the association within 120 days after 80 percent of the time shares have been sold.
4. Except as provided in NRS 78.355, any proxy which is executed by an owner to an association is valid for an indefinite period if the owner may revoke his proxy, by written notice to the association, to vote at a particular meeting.
Sec. 27. NRS 119A.540 is hereby amended to read as follows:
119A.540 1. The association or if there is no association, the developer shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the time-share project from time-share owners. The initial budget of the association must by approved by the division.
κ1985 Statutes of Nevada, Page 1144 (CHAPTER 397, SB 334)κ
2. [If there is no association, the developer shall adopt an annual budget.] The administrator may require that the association, or if there is no association, the developer provide, at the associations or the developers expense, an opinion from an independent professional consultant as to the sufficiency of the budget to sustain the plan offered by the association or the developer. The association or the developer shall place any money collected for assessments in a trust account.
3. The developer shall pay assessments for any time shares which are unsold or enter into an agreement with the association, on a form approved by the division, to pay the difference between the actual expenses incurred by the association and the amounts payable to the association as assessments by the time-share owners. The division may require the developer to provide a surety bond or other form of security which is satisfactory to the division, to guarantee payment of the developers obligation.
Sec. 28. NRS 119A.570 is hereby amended to read as follows:
119A.570 1. [The] The developer or the association, if it has been formed, shall maintain:
(a) Property insurance on the time-share project and any personal property available for use by the time-share owners in conjunction therewith, other than personal property separately owned by a time-share owner, insuring against all risks of direct physical loss commonly insured against, with a provision agreed to by the lender, that the proceeds must be disbursed for the repair or restoration of the property, and that the time-share owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored;
(b) Liability insurance, including insurance for medical payments, in an amount not less than $1,000,000 per occurrence, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or in connection with the use, ownership or maintenance of the time-share property and time-share units; and
(c) Insurance covering the costs of temporary quarters for the time-share owners and other losses commonly insured against.
2. Each insurance policy carried pursuant to subsection 1 must provide that:
(a) Each time-share owner is an insured person under the policy whether designated as an insured by name individually or as part of a named group or otherwise, as his interest may appear;
(b) The insurer waives its right to subrogation under the policy against any time-share owner or members of his household; and
(c) No act or omission by any time-share owner, unless acting within the scope of his authority on behalf of an association, will void the policy or be a condition to recovery by any other person under the policy.
Sec. 29. NRS 119A.590 is hereby amended to read as follows:
119A.590 1. A developer who offers a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, shall give to the purchaser the following information:
κ1985 Statutes of Nevada, Page 1145 (CHAPTER 397, SB 334)κ
time shares in other time-share properties, or both, shall give to the purchaser the following information:
(a) The name and address of the company offering the program.
(b) The names of the officers, directors and shareholders owning at least 5 percent of the outstanding stock of that company.
(c) A statement indicating whether the company or any of its officers or directors has any legal or beneficial interest in any interest of the developer or managing agent in any plan to sell time shares included in the program and, if so, the name, location and nature of the interest.
(d) A statement that the purchasers contract with the company is a contract separate and distinct from the contract to purchase the time share, unless the company and the developer or an affiliate are the same.
(e) A statement indicating whether the purchasers participation in the program is dependent upon the continued inclusion of the plan to sell time shares in the program.
(f) A statement indicating whether the purchasers membership or participation in the program, is voluntary or mandatory.
(g) A complete and accurate description of:
(1) The terms and conditions of the purchasers contractual relationship with the company and the procedure by which changes thereto may be made.
(2) The procedure to qualify for and make exchanges.
(3) All limitations, restrictions or priorities of the program, including, but not limited to, limitations on exchanges based on the seasons of the year, the size of units or levels of occupancy, printed in boldface type, and, if such limitations, restrictions or priorities are not uniformly applied by the program, a clear description of the manner in which they are applied.
(h) A statement indicating whether exchanges are arranged on the basis of available space and whether there are any guarantees of fulfilling specific requests for exchanges.
(i) A statement indicating whether and under what circumstances an owner, in dealing with the company, may lose the right to use and occupy a time-share unit in any properly applied for exchange without being provided with substitute accommodations by the company.
(j) The fees to be paid by owners in the program, including a statement indicating whether any fees may be changed by the company and, if so, the circumstances under which those changes may be made.
(k) The name and address of the site of each time-share project included in the program.
(l) The number of units in each project included in the program which are available for occupancy, expressed in numerical groupings of from 1 to 5, 6 to 10, 11 to 20, 21 to 50 and over 50.
(m) The number of owners with respect to each plan to sell time shares or other property who are eligible to participate in the program, expressed in numerical groupings of from 1 to 100, 101 to 249, 250 to 499, 500 to 999 and at least 1,000, and a statement of the criteria used to determine those owners who are eligible to participate in the program.
κ1985 Statutes of Nevada, Page 1146 (CHAPTER 397, SB 334)κ
to determine those owners who are eligible to participate in the program.
(n) The disposition made by the company of time shares deposited with the program by owners who are eligible to participate in the program and not used by the company in effecting exchanges.
(o) An annual report completed on or before July 1 of the succeeding year which must be independently certified by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants, as those standards exist on the effective date of the act. The report must include:
(1) The number of owners who are enrolled to participate in the program, including an indication of whether the relationship between the company and the owners is based on the payment of a fee or is gratuitous.
(2) The number of time-share projects included in the program, categorized by those projects which are the subject of a contract between the developer or the association and the company and those projects which are the subject of a contract between the company and owners directly.
(3) [The percentage of confirmed exchanges, calculated by dividing the number of exchanges confirmed by the company by the number of exchanges properly applied for, and a complete and accurate statement of the criteria used to determine whether a request for an exchange was properly submitted.
(4)] The number of time shares for which the company has an outstanding obligation to provide an exchange to an owner who relinquished a time share during the year in exchange for a time share in any future year.
[(5)] (4) The number of exchanges confirmed by the company during the year.
[(p) A statement printed in boldface type indicating that the percentage of confirmed exchanges in a summary of the requests for exchanges received by the company in the period reported and that the percentage does not indicate the probability of a purchaser or owners being confirmed to any specific choice, since availability at individual locations may vary.]
2. The information required by subsection 1 must be delivered to the purchaser before the execution of any contract between the purchaser and the company or the contract to purchase the time share.
3. Upon receipt of the information, the purchaser shall certify in writing that he has received the information from the developer.
4. Except as otherwise provided in this subsection, the information required by subsection 1 must be accurate as of 30 days before the date on which the information is delivered to the purchaser. The information required by paragraphs (b), (c), (k), (l), (m) and (o) of subsection 1 must be consistent with the latest audited statement of the company which is prepared not more than 18 months before the information is delivered.
κ1985 Statutes of Nevada, Page 1147 (CHAPTER 397, SB 334)κ
Sec. 30. NRS 119A.680 is hereby amended to read as follows:
119A.680 1. It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:
[1.] (a) Project broker or sales agent within the State of Nevada without first obtaining a license from the division pursuant to chapter 645 of NRS or NRS 119A.210.
[2.] (b) Representative within the State of Nevada without first registering with the division.
2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
Sec. 31. NRS 119A.690 is hereby amended to read as follows:
119A.690 Any person who willfully submits, in the application for a permit to sell time shares [,] or an application for a sales agents license, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, in guilty of a misdemeanor.
Sec. 32. NRS 119A.440 is hereby repealed.
________
Senate Bill No. 489Committee on Finance
CHAPTER 398
AN ACT making an appropriation to the legislative fund for the expenses involved in serving as the host to a meeting of the Council of State Governments; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $10,000 for the expenses involved in hosting the meeting of the Council of State Governments in Stateline, Nevada, in December 1985.
Sec. 2. The director of the legislative counsel bureau shall deposit the money appropriated pursuant to section 1 of this act and all other money which he receives in connection with the meeting in the special account for intergovernmental activities created pursuant to NRS 218.641. The money in the account may be expended to pay the expenses of the meeting.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after January 31, 1986, and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1985 Statutes of Nevada, Page 1148κ
Senate Bill No. 496Committee on Finance
CHAPTER 399
AN ACT making an appropriation for the planning of a new building for the supreme court; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state public works board the sum of $50,000 for the preparation of plans for the proposed construction of a new building for the supreme court, court administrator, attorney general and supreme court law library.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the plans are completed and reverts to the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 404Committee on Commerce and Labor
CHAPTER 400
AN ACT relating to insurance for medical or dental care; requiring the commissioner of insurance to hold confidential certain information submitted to him which is used to determine rates for certain medical or dental care; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.152 is hereby amended to read as follows:
679B.152 1. Every insurer or organization for dental care which pays claims on the basis of fees for medical or dental care which are usual and customary shall submit to the commissioner [the information used by the insurer or organization] a complete description of the method it uses to determine those fees. This information must be kept confidential by the commissioner. The fees determined by the insurer or organization to be the usual and customary fees for that care [must be approved by] are subject to the approval of the commissioner [before they are used] as being the usual and customary fees in that locality.
2. Any contract for group, blanket or individual health insurance and any contract issued by a nonprofit hospital, medical or dental service corporation or organization for dental care, which provides a plan for dental care to its insured or members which limits their choice of a dentist, under the plan to those in a preselected group, must offer its insureds or members the option of selecting a plan of benefits which does not restrict the choice of a dentist.
κ1985 Statutes of Nevada, Page 1149 (CHAPTER 400, SB 404)κ
its insureds or members the option of selecting a plan of benefits which does not restrict the choice of a dentist. The selection of that option does not entitle the insured or member to any increase in contributions by his employer or other organization toward the premium or cost of the optional plan over that contributed under the restricted plan.
________
Senate Bill No. 122Committee on Finance
CHAPTER 401
AN ACT making an appropriation to the state gaming control board for equipment; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state gaming control board the sum of $174,300 for equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 207Committee on Judiciary
CHAPTER 402
AN ACT relating to peace officers; requiring certain peace officers to be certified by the peace officers standards and training committee; authorizing per diem allowances and travel expenses for the members of the committee; increasing the size of the committee; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
κ1985 Statutes of Nevada, Page 1150 (CHAPTER 402, AB 207)κ
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol who exercise the police powers specified in NRS 481.150 and 481.180;
6. The inspectors and field agents of the motor carrier division of the department of motor vehicles who exercise the police powers specified in NRS 481.049;
7. Inspectors employed by the public service commission of Nevada who exercise those enforcement powers conferred by chapters 704, 705 and 706 of NRS;
8. Marshals, policemen and correctional officers of cities and towns;
9. Parole and probation officers;
10. Special investigators who are employed full time by the office of any district attorney or the attorney general;
11. Investigators of arson for fire departments who are specially designated by the appointing authority;
12. Members of the police department of the University of Nevada System;
13. The assistant and deputies of the state fire marshal;
14. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
15. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
16. The superintendents and correctional officers of the department of prisons;
17. Employees of the division of state parks of the department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
18. Security officers employed by the board of trustees of any county school district;
19. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
20. The chief, investigators and agents of the investigation division of the department of motor vehicles;
21. Investigators of the bureau of enforcement of the registration division of the department of motor vehicles who exercise the police powers specified in NRS 481.048;
κ1985 Statutes of Nevada, Page 1151 (CHAPTER 402, AB 207)κ
22. Officers of the vehicle emission control section of the registration division of the department of motor vehicles who exercise the police powers specified in NRS 481.0481;
23. The personnel of the department of wildlife who exercise those enforcement powers conferred by Title 45 and chapter 488 of NRS;
24. Security officers of the legislature of the State of Nevada;
25. Police officers of the buildings and grounds division of the department of general services;
26. Group supervisors of the Nevada girls training center and the Nevada youth training center;
27. Parole counselors of the youth services division of the department of human resources;
28. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada;
29. Field investigators of the taxicab authority; and
30. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
Sec. 2. NRS 481.053 is hereby amended to read as follows:
481.053 1. The director shall appoint the peace officers standards and training committee.
2. The committee consists of [three] five members, one appointed from Clark County, one from Washoe County and [one] three from any other [county.] counties. Members [shall] serve terms of 2 years from the date of appointment. Members serve without compensation but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.
3. The committee shall:
(a) Meet at the call of the director.
(b) Provide for and encourage training and education of peace officers in order to improve the system of criminal justice.
(c) Adopt regulations establishing minimum standards for certification and decertification, recruitment, selection and training of peace officers.
(d) Make necessary inquiries to determine whether agencies of the state and of local governments are complying with standards set forth in its regulations.
4. Regulations adopted by the committee:
(a) Apply to all agencies of the state and of local governments which employ persons as peace officers; and
(b) May require that training be carried on at institutions which it approves in those regulations.
5. The director may adopt regulations necessary for the operation of the committee and the enforcement of laws administered by the committee.
Sec. 3. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1152κ
Senate Bill No. 462Senators Redelsperger, Bilbray, Glover, Rhoads and Shaffer
CHAPTER 403
AN ACT relating to gaming; authorizing the imposition of a new fee for a gaming license by certain local governments; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.395 is hereby amended to read as follows:
463.395 1. The license fee or tax imposed by a local government for conducting, carrying on or operating any gambling game, slot machine or other game of chance must not exceed:
[1.] (a) The amount, if charged per person, establishment, game or machine; or
[2.] (b) The rate, if charged according to revenue,
which was in effect for that purpose on April 27, 1981.
2. If on that date the local government [was] :
(a) Was in existence, had a population of less than 1,000 and was not collecting such a fee or tax, the local government may impose such a fee or tax in an amount approved by the Nevada tax commission which is not greater than the largest fee or tax imposed by a local government of the same kind. The fee or tax must not be increased.
(b) Was collecting a fee or tax which is afterward held to be invalid, the local government may impose a new fee or tax no greater in amount of estimated revenue to be derived than the fee or tax held invalid.
________
Senate Bill No. 488Committee on Finance
CHAPTER 404
AN ACT relating to museums; authorizing the director of the Nevada state museum to charge a fee to see the permanent exhibits or displays in the Nevada state museum in Carson City; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 381.160 is hereby amended to read as follows:
381.160 The director may:
1. Govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
κ1985 Statutes of Nevada, Page 1153 (CHAPTER 404, SB 488)κ
care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
3. Adopt regulations respecting the charging of any admission price or fee to see those displays or exhibits, either at the Nevada state museum or elsewhere, but he may not adopt any regulation permitting the charging of an admission fee or price:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) [To] Of more than 50 cents for each person who is 18 years of age or older to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada. Children under the age of 18 years must be admitted free of charge.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 144Committee on Commerce and Labor
CHAPTER 405
AN ACT relating to insurance; requiring the licensing of companies which finance premiums; establishing requirements concerning agreements to finance premiums; providing penalties; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. As used in sections 2 to 21, inclusive, of this act, unless the context otherwise requires:
1. Agreement means a contract between a person and an insured or prospective insured under which the person agrees to pay a premium in advance on behalf of the insured or prospective insured in exchange for repayment of the amount advanced with interest or for some other consideration. The term does not include an agreement for the financing of commercial insurance.
2. Company means a person engaged in the business of entering into agreements or purchasing agreements. The term does not include a person who finances a premium in connection with the sale of a motor vehicle upon which he holds a lien.
Sec. 3. Except as provided in section 4 of this act, a person shall not engage in the business of a company or hold himself out as a company without first having received a license from the commissioner to engage in the business of a company.
κ1985 Statutes of Nevada, Page 1154 (CHAPTER 405, SB 144)κ
Sec. 4. 1. A license to engage in the business of a company is not required of any:
(a) State or federally chartered building association or savings and loan association.
(b) State or federally chartered bank.
(c) State or federally chartered credit union.
(d) Thrift company licensed pursuant to chapter 677 of NRS.
(e) Insurance agent financing his own accounts.
(f) Insurer authorized to do business in this state financing its own policies or those of an affiliated company.
(g) Business, in addition to those included in paragraphs (a) to (d), inclusive, which is licensed and regulated by the division of financial institutions of the department of commerce.
2. The provisions of sections 2 to 21, inclusive, of this act, other than those which concern licensing, apply to persons exempt from licensing pursuant to subsection 1.
Sec. 5. 1. An application for a license to engage in the business of a company must be filed with the commissioner on a form prescribed by him and must include:
(a) A nonrefundable fee for application and for investigation of the applicant of $200;
(b) A surety bond payable to the State of Nevada in the amount of $25,000, executed by a surety company which is authorized to do business in Nevada;
(c) A current certified financial statement or another financial statement if individually approved by the commissioner;
(d) An appointment of the commissioner and his successors in office as the applicants attorney to receive service of process; and
(e) If the applicant is a corporation, a copy of its articles of incorporation.
2. The applicant shall provide the commissioner with any material change concerning information contained in the application within 10 days after the change occurs.
Sec. 6. 1. Every unincorporated licensee or unincorporated applicant for a license who desires the issuance of a license under a fictitious name shall file with the commissioner a certified copy of the entry in the county clerks register and of the certificate filed pursuant to chapter 602 of NRS. Every incorporated licensee and incorporated applicant shall file with the commissioner in writing the corporations true name and also all fictitious names under which it conducts or intends to conduct business in this state. After licensing, every licensee shall file promptly with the commissioner written notice of any change in or discontinuance of any fictitious name.
2. The commissioner may in writing disapprove the use of any true name, other than the bona fide natural name of a natural person, or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:
κ1985 Statutes of Nevada, Page 1155 (CHAPTER 405, SB 144)κ
(a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee;
(b) Use of the name may mislead the public in any respect; or
(c) The name states or implies that the licensee or applicant is an insurer or is entitled to engage in insurance activities not permitted under licenses which he holds or for which he has applied.
Sec. 7. 1. Before using a form for an agreement or notice required by this chapter, a company must submit the proposed form to the commissioner for approval. If the commissioner does not disapprove a form within 30 days after it is submitted, the form shall be deemed approved.
2. The commissioner shall not approve any form unless it complies with the provisions of sections 2 to 21, inclusive, of this act.
3. An insurer, including any subsidiary of an insurer or corporation under substantially the same management or control as an insurer, shall file all forms for agreements and any related forms. The filing required in this subsection is in addition to the filings required pursuant to chapter 686B of NRS.
Sec. 8. 1. A company shall maintain records of each transaction for 3 years after making the final entry with respect to the transaction. The records may be preserved in photographic form, on microfilm or microfiche or in a form approved by the commissioner.
2. The records must be open to the commissioner at all times. The commissioner may require a company to furnish to him in any form he requires any information maintained in the companys records.
Sec. 9. The commissioner may conduct an examination of a company at any time in accordance with NRS 679B.250 to 679B.280, inclusive. The expense of the examination must be borne by the company in accordance with NRS 679B.290 as if the company was an insurer.
Sec. 10. 1. A company must renew its license on or before July 1 of each year. An application for renewal must be submitted on a form prescribed by the commissioner and must be accompanied by:
(a) A financial statement for the preceding year; and
(b) A fee of $100 and any penalty imposed pursuant to subsection 2.
2. The commissioner may grant an extension allowing a company to file an application for renewal after July 1 if the company shows that for reasons beyond its control it cannot apply before that date. If a company which has not been granted an extension files its application for renewal after July 1, the company shall pay a penalty of $25 for each day the application is late.
Sec. 11. 1. An agreement executed in this state must be dated and signed by the insured. The printed portion of the agreement must be in not less than 8-point type. The agreement must include:
(a) The name and the address and telephone number of the business of the insurance agent for the insurance contract to which the agreement relates;
κ1985 Statutes of Nevada, Page 1156 (CHAPTER 405, SB 144)κ
(b) The name and the address of the business or residence of the insured;
(c) The name, address and telephone number of the company to which payments must be made;
(d) A brief description of any insurance policy involved; and
(e) Such other information as may be required by the commissioner.
2. An agreement must have at its top in type which is more prominent than the text of the agreement, the words Agreement For Financing Premium or words of similar meaning. An agreement must contain a notice in type which is more prominent than the text of the agreement which reads as follows:
Notice:
1. Do not sign this agreement before you have read it or if it contains any blank spaces.
2. You are entitled to a copy of this agreement which is complete.
Sec. 12. The agent, broker or other person preparing an agreement shall furnish a completed copy of the agreement to the insured immediately after the insured signs the agreement.
Sec. 13. 1. A company shall not charge or collect a charge for interest which is not permitted by this section.
2. Interest must be computed on the balance due, after subtracting the down payment, from the effective date of the insurance contract or agreement, whichever is earlier, through the date on which the final installment is payable.
3. The rate of interest must be specified in the agreement. The agreement may provide for a service charge of not more than $25, and that the charge is not refundable.
4. An insured may prepay in full at any time the unpaid balance of the principal. The insured is entitled to a refund of the unearned portion of the prepaid interest. The refund must be at least as great a proportion of the prepaid interest as the sum of the periodic balances for each period beginning one period after the prepayment is made bears to the sum of all the periodic balances under the schedule of payments in the agreement. If the amount of the refund is less than $1, no refund need be made.
5. Any provision which purports to limit the insureds right of prepayment pursuant to this section is void.
Sec. 14. 1. An agreement may provide for a charge for any late payment of an installment of not less than $1 and not more than 5 percent of the installment.
2. A company may collect a fee of not more than $7.50 for each check returned to the company because the insured had insufficient money or credit with the drawee to pay the check or because the insured stopped payment on the check.
3. An agreement may provide for payment of collection costs or attorneys fees, equal to 20 percent of the outstanding indebtedness if the agreement is referred for collection to a collection agency or attorney who is not an employee of the company.
κ1985 Statutes of Nevada, Page 1157 (CHAPTER 405, SB 144)κ
the agreement is referred for collection to a collection agency or attorney who is not an employee of the company.
Sec. 15. 1. When an agreement contains a power of attorney enabling the company, in the name of the insured, to cancel any insurance policy listed in the agreement, the insurance policy must not be canceled by the company unless it is canceled in accordance with this section.
2. A company shall mail written notice of its intent to cancel an insurance policy because of a default in payment under an agreement to the insured at his last known address as indicated in the records of the company and to the agent who submitted the agreement at least 10 days before the cancellation. If the default is cured within this 10-day period, the company shall not cancel the insurance policy.
3. If the default is not cured within the 10-day period, the company may cancel the policy if it mails to the insured at his last known address as indicated in the records of the company and to the insurer a notice of cancellation which must include the effective date of cancellation. The policy must be canceled as if the notice of cancellation had been submitted by the insured, but without requiring the return of the policy.
4. No insurance policy may be canceled for nonpayment of a charge for a late payment.
5. This section does not authorize the cancellation of an insurance policy without giving any other notice required by law or satisfying other conditions for cancellation.
Sec. 16. 1. When an insurance policy is canceled pursuant to section 15 of this act, the insurer shall return the unearned premium to the company for credit to the account of the insured. The premium must be mailed to the company:
(a) Within 45 days after receipt of the notice of cancellation; or
(b) Immediately following an audit performed to determine the amount of the premium. If such an audit is performed, it must be completed within 60 days after receipt of the notice of cancellation.
2. If the returned portion of the premium exceeds the insureds obligation to the company, the company shall pay the excess to the insured within 30 days after receipt, except that no refund is required if the excess is less than $1.
3. The company shall notify the agent who submitted the agreement of any refund paid directly to the insured pursuant to subsection 2 at the time the refund is paid. Within 15 days after receipt of this notice, the agent shall refund to the insured any unearned commissions which are owed to the insured as a result of the cancellation.
Sec. 17. An agreement must not include any payment for:
1. Membership in a motor club, as that term is defined in NRS 696A.050; or
2. A policy of insurance covering accidental death or dismemberment, whether or not the policy is sold in combination with another policy.
κ1985 Statutes of Nevada, Page 1158 (CHAPTER 405, SB 144)κ
Sec. 18. 1. No agreement may contain a provision allowing a company recourse against the agent who submitted the agreement based upon the insureds default in payments.
2. A company or an agent of a company shall not offer to any person as an inducement to enter an agreement any gift, rebate or other consideration unless the consideration is an article of less than $1 in value which includes an advertisement of the company.
3. A company or an agent or broker submitting an agreement shall not:
(a) Induce or attempt to induce an insured to become obligated under more than one agreement to obtain more than one initial charge for entering the agreement.
(b) Write any insurance in connection with the agreement, including life or health insurance limited to the amount advanced on behalf of the insured.
Sec. 19. 1. Any licensed resident or nonresident agent or broker who has any financial interest in a company, other than in submitting agreements through the company, shall disclose to the insured, in the manner prescribed by the commissioner, his interest in the company.
2. Any licensed resident or nonresident agent or broker who submits any agreement shall, if he accepts any compensation for arranging, directing or performing services in connection with the agreement, disclose to the insured, in the manner prescribed by the commissioner, the amount of compensation he is to receive from the company.
Sec. 20. 1. A person who violates the provisions of section 3 of this act shall be punished by a fine of not more than $100 per day or $25 per agreement per day for every day the violation continues, whichever is greater.
2. A person who violates any other provision of sections 2 to 21, inclusive, of this act, shall be punished by a fine of not more than $500.
Sec. 21. 1. The provisions of NRS 683A.450 to 683A.480, inclusive, and chapter 686A of NRS apply to companies.
2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to insurer must be replaced by a reference to company.
Sec. 22. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedents estate.
(d) A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
κ1985 Statutes of Nevada, Page 1159 (CHAPTER 405, SB 144)κ
is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3.
(g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
(h) An agreement for the financing of insurance premiums governed by sections 2 to 21, inclusive, of this act.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specified a place of filing different from that specified in this article for filing of the security interest;
(b) The following statutes of this state: NRS 482.423 to 482.431, inclusive, 488.1793 to 488.1827, inclusive, 489.501 to 489.581, inclusive, and 704.205; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection 2 of NRS 104.9103).
4. Compliance with a statute or treaty described in subsection 3 is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in NRS 104.9103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this article.
________
κ1985 Statutes of Nevada, Page 1160κ
Assembly Bill No. 458Committee on Transportation
CHAPTER 406
AN ACT relating to motor vehicles; requiring a full and correct matching of certain information before a driver may be arrested for a prior offense; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except for a citation issued pursuant to NRS 484.810, whenever a police officer makes an arrest or issues a citation to a person for any violation of this chapter, he shall record the name as given by that person, the number of his drivers license and a brief description of his physical appearance. This information must be maintained in a record for offenses kept at the traffic enforcement agency which employs that officer.
2. Whenever a police officer stops a driver of a motor vehicle for any violation of this chapter and requests information from a traffic enforcement agency concerning that persons record of prior offenses, he shall compare not only the drivers name but also the number of his drivers license and his physical description with any information obtained from the agency as a result of the request. If the information received from the agency indicates that the drivers name is on an outstanding warrant for a prior offense, the officer shall not arrest the driver for that prior offense unless the additional information used for comparison also connects the driver with that prior offense.
Sec. 2. NRS 484.809 is hereby amended to read as follows:
484.809 NRS 484.791 to 484.807, inclusive, and section 1 of this act govern all peace officers in making arrests without a warrant for violations of any provision of this chapter, but the procedure prescribed [therein] in those sections is not otherwise exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.
________
κ1985 Statutes of Nevada, Page 1161κ
Senate Bill No. 223Committee on Commerce and Labor
CHAPTER 407
AN ACT relating to insurance; providing a penalty for refusing to accept a binder as proof of coverage; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.183 is hereby amended to read as follows:
687B.183 1. All written binders must be made on forms approved by the commissioner.
2. A binder related to a policy of insurance which provides coverage of less than $1,000,000 must contain a statement printed in at least 10-point bold type that any person who refuses to accept the binder as proof of insurance pursuant to the provisions of NRS 687B.186 is subject to the penalties provided in that section.
3. If a binder is in writing, one copy must be delivered either in person or by mailing first class to:
(a) The insured; and
(b) The insurer providing coverage under the binder,
within 24 hours after the binder becomes effective.
Sec. 2. NRS 687B.186 is hereby amended to read as follows:
687B.186 1. A binder which is issued in accordance with NRS 687B.182 to 687B.187, inclusive, shall be deemed a policy for the purpose of proving that a person has insurance coverage.
2. Any party to a contract or other agreement who refuses to accept such a binder as proof of insurance when that proof is required by that contract or agreement:
(a) Shall be fined not more than $500.
(b) Is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom.
3. The provisions of this section do not apply to a binder related to a policy of insurance which provides coverage of at least $1,000,000.
________
κ1985 Statutes of Nevada, Page 1162κ
Senate Bill No. 500Committee on Finance
CHAPTER 408
AN ACT relating to the state prisons; establishing a bank account of offenders money held in trust; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department of prisons shall establish in any insured bank or savings and loan association doing business in this state an account for disbursements to offenders. The balance in the account must not exceed $600,000. Money in the account may be expended only for the payment of transactions involving offenders trust funds.
2. Payments made from the account for disbursements to offenders must be promptly reimbursed from money in the appropriate fund on deposit with the state treasurer.
Sec. 2. The department of prisons shall transfer all money held in trust in existing bank accounts to the account for disbursements to offenders before September 30, 1985.
________
Senate Bill No. 437Committee on Legislative Affairs and Operations
CHAPTER 409
AN ACT relating to the legislative counsel; removing the requirement of admission to practice law in this state; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.690 is hereby amended to read as follows:
218.690 The legislative counsel [shall:
1. Be] :
1. Must be an attorney [licensed to practice law in the State of Nevada and shall] admitted to practice law in one of the United States and be versed in some or all of the following: Political science, parliamentary practice, legislative procedure, and the methods of research [statute] statutory revision and bill drafting.
2. [Perform] Shall perform the duties required by this chapter and chapter 220 of NRS.
________
κ1985 Statutes of Nevada, Page 1163κ
Senate Bill No. 297Senator Raggio (by request)
CHAPTER 410
AN ACT relating to storage of personal property; clarifying the time for advertising the sale of that property to satisfy a statutory lien for the unpaid charges for storage; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.477 is hereby amended to read as follows:
108.477 1. If the declaration in opposition to the lien sale executed by the occupant is not received by the date of the sale specified in the notice mailed to the occupant, the owner may sell the property.
2. [After the time specified in the notice of the sale has passed, the] The owner shall advertise the sale once a week for 2 consecutive weeks immediately preceding the date of the sale in a newspaper of general circulation in the judicial district where the sale is to be held. The advertisement must contain:
(a) A general description of the personal property to be sold;
(b) The name of the occupant;
(c) The number of the individual space for storage at the facility where the personal property was stored; and
(d) The name and address of the facility.
3. If there is no newspaper of general circulation in the judicial district where the sale is to be held, the advertisement must be posted 10 days before the sale in at least six conspicuous places near the place of the sale.
4. The sale must be conducted in a commercially reasonable manner. After deducting the amount of the lien and the costs of the sale, the owner shall retain any excess proceeds from the sale on the behalf of the occupant.
5. The occupant or any person authorized by the occupant or by an order of the court, may claim the excess proceeds or the portion of the proceeds necessary to satisfy the persons claim at any time within 1 year after the date of the sale. After 1 year, the owner shall pay any proceeds remaining from the sale to the treasurer of the county where the sale was held for deposit in the general fund of the county.
________
κ1985 Statutes of Nevada, Page 1164κ
Senate Bill No. 363Committee on Government Affairs
CHAPTER 411
AN ACT relating to state employees; providing additional requirements for examinations for employment; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.210 is hereby amended to read as follows:
284.210 1. All competitive examinations for positions in the classified service must:
(a) Relate to those matters which fairly test the capacity and fitness of the persons examined to discharge efficiently the duties of the class in which employment is sought.
(b) Be open to all applicants who meet the reasonable standards or requirements fixed by the director with regard to experience, character, age, education, physical condition and any other factors relating to the ability of the applicants to perform the duties of the position with reasonable efficiency.
2. An examination may consist of:
(a) An evaluation of the applicants training and experience;
(b) A written examination;
(c) An oral examination;
(d) An evaluation of the applicants performance, such as the ability to operate successfully certain equipment; or
(e) Any combination of paragraphs (a) to (d), inclusive.
3. An examination may be conducted by using a center for assessment as defined by regulations adopted by the director. An employee of the department for which an examination is being held may not serve on the panel or score the examination.
4. An oral examination given pursuant to this section must be [recorded] :
(a) Conducted by a panel of which no more than one-third of the members are employed by the department in which a vacancy exists for the position for which the examination is given.
(b) Recorded and maintained by the department for at least 30 days after the date of the examination and must be available to interested persons.
________
κ1985 Statutes of Nevada, Page 1165κ
Senate Bill No. 310Committee on Commerce and Labor
CHAPTER 412
AN ACT relating to compensation for unemployment; requiring reimbursement if the employee receives back pay; and providing other matters properly relating thereto.
[Approved June 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who has been awarded back pay because he was unlawfully discharged is liable for the amount of the benefits paid to him during the period for which the back pay was awarded, without regard to the length of time that has passed since the benefits were paid. The employers reserve account must be credited, effective as of the date the benefits were paid, with the amount of those benefits. Before an employer pays the employee, he shall ascertain the amount of the benefits received by the person during the period for which back pay was awarded and shall withhold that amount from the payment of back pay. He shall deliver the amount withheld to the employment security department.
2. The executive director may recover from the person liable, the amount due within 3 years after the payment of back pay, if the employer does not withhold it, by using the method of collection provided in NRS 612.625 to 612.645, inclusive, or by deducting the amount due from any benefits payable to the person liable for repayment.
3. The executive director may waive recovery or adjustment of all or part of the amount due which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
4. Any person who is liable pursuant to this section may appeal the repayment within 10 days after the award of back pay. The appeal must be made in the manner provided in this chapter for the appeals from determinations of benefit status. The 10-day period provided for in this subsection may be extended by the executive director for good cause.
________
κ1985 Statutes of Nevada, Page 1166κ
Senate Bill No. 183Committee on Transportation
CHAPTER 413
AN ACT relating to drivers licenses; establishing separate procedures and periods of suspension for the suspension of drivers licenses based upon the type of the violation; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, except as provided in subsection 4, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
4. A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.
Sec. 3. 1. When a driver has accumulated six or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails this notice, the driver presents proof to the department that he has successfully completed a course of traffic safety approved by the department, the department shall cancel three demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the course of traffic safety, he will not be entitled to have demerit points cancelled upon the completion of the course, but must have his license suspended.
κ1985 Statutes of Nevada, Page 1167 (CHAPTER 413, SB 183)κ
course, but must have his license suspended. A person may attend a course only once in 12 months for the purpose of reducing his demerit points. The three demerit points may only be canceled from a drivers record during the 12-month period immediately following the drivers successful completion of the course of traffic safety.
2. Any reduction of three demerit points applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.
3. The department shall use a cumulative period for the suspension of licenses pursuant to subsection 1. The periods of suspension are:
(a) For the first accumulation of 12 demerit points during a 12-month period, 6 months. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(b) For the second accumulation within 3 years of 12 demerit points during a 12-month, 1 year. A driver whose license is suspended pursuant to this paragraph is eligible for a restricted license during the suspension.
(c) For the third accumulation within 5 years of 12 demerit points during a 12-month period, 1 year. A driver whose license is suspended pursuant to this paragraph is not eligible for a restricted license during the suspension.
4. The department shall suspend for 1 year the license of a driver who is convicted of a sixth traffic offense within 5 years if all six offenses have been assigned a value of four or more demerit points. A driver whose license is suspended pursuant to this subsection is not eligible for a restricted license during the suspension.
5. If the department determines by its records that the license of a driver must be suspended pursuant to this section, it shall notify the driver by mail that his privilege to drive is subject to suspension.
6. Except as provided in subsection 7, the department shall suspend the license 30 days after it mails the notice required by subsection 5.
7. If a written request for a hearing is received by the department:
(a) The suspension of the license is stayed until a determination is made by the department after the hearing.
(b) The hearing must be held within 45 days after the request is received in the county where the driver resides unless he and the department agree that the hearing may be held in some other county. The scope of the hearing must be limited to whether the records of the department accurately reflect the driving history of the driver.
Sec. 4. In addition to suspending the license of a driver pursuant to NRS 483.470 and section 3 of this act, the department may, for good cause, require him to attend, at his own expense, a drivers training school approved by the department.
Sec. 5. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
κ1985 Statutes of Nevada, Page 1168 (CHAPTER 413, SB 183)κ
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) [Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e)] Is physically or mentally incompetent to drive a motor vehicle;
[(f)] (d) Has permitted an unlawful or fraudulent use of his license;
[(g)] (e) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or
[(h)] (f) Has failed to comply with the conditions of issuance of a restricted license.
2. [As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department.
4. The system must be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his drivers license should not be suspended.
5. The system must be uniform in its operation and the department shall set up a system of demerits for each traffic violation, except as provided in subsection 6, depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.
7. When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails this notice, the driver presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel three demerit points from his driving record.
κ1985 Statutes of Nevada, Page 1169 (CHAPTER 413, SB 183)κ
course, with the approval of the department as constituting a course of instruction, the department shall cancel three demerit points from his driving record. If the driver accumulates 12 or more demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of the course, but must have his license suspended. A person may be allowed to attend only once in 12 months for the purpose of reducing his demerit points. The three demerit points may only be canceled from a drivers record during the 12-month period immediately following the drivers successful completion of the traffic safety school.
8. Any reduction of three demerit points applies only to the demerit record of the driver and does not affect his driving record with the department or his insurance record.
9. When any licensee accumulates 12 or more demerit points the department shall suspend his license until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
10. The director of the department may set up a scale establishing the demerit value for each traffic violation.
11.] Upon suspending the license of any person as authorized in this section, the department shall immediately notify him in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within 20 days after receipt of the request in the county wherein he resides unless he and the department agree that the hearing may be held in some other county. The administrator, or his authorized agent, may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee in connection with the hearing. Upon the hearing the department shall either rescind its order of suspension or, for good cause, extend the suspension of the license or revoke it.
Sec. 6. NRS 483.490 is hereby amended to read as follows:
483.490 1. Unless otherwise provided by specific statute, the department may not suspend a license for a period of more than 1 year.
2. After a drivers license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484.379 and half the period during which the driver is not eligible for a license has expired, the department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted drivers license to an applicant permitting the applicant to drive a motor vehicle:
(a) To and from work or in the course of his work, or both; or
(b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself or a member of his immediate family.
Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if he is issued a restricted license.
κ1985 Statutes of Nevada, Page 1170 (CHAPTER 413, SB 183)κ
3. A driver who violates a condition of a restricted license issued under subsection 2 or by another jurisdiction is guilty of a misdemeanor, and if his license was suspended or revoked for a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished in the manner provided by subsection 2 of NRS 483.560.
4. The periods of suspensions and revocations under this chapter and under NRS 484.384 must run consecutively, except as provided in NRS 483.465 and [483.470,] section 3 of this act, when the suspensions must run concurrently.
5. Whenever the department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.
Sec. 7. NRS 484.474 is hereby amended to read as follows:
484.474 1. Except as otherwise provided in subsection 5, any person who is transporting a child:
(a) Under 5 years of age in the front seat of a motor vehicles registered in this state shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.
(b) Under 3 years of age in the rear seat of a motor vehicle registered in this state shall secure him in such a restraining device.
(c) Three or 4 years of age in the rear seat of a motor vehicle registered in this state shall secure him in such a restraining device or in a safety belt.
2. Any person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase or rental of such a restraining device. Upon presentation of such proof, the court shall void the citation.
3. For the purposes of [NRS 483.470,] section 2 of this act, a violation of this section is not a moving traffic violation.
4. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
5. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle, or in a rented vehicle.
(b) When a physician determines that the use of such a restraining device or safety belt for the particular child would be impractical or dangerous because of such factors as the childs weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.
κ1985 Statutes of Nevada, Page 1171 (CHAPTER 413, SB 183)κ
child shall carry in the vehicle the signed statement of the physician to that effect.
(c) To a person who is transporting a child if:
(1) All seating positions in the motor vehicle which are equipped with safety belts are occupied by other passengers using the safety belts;
(2) Preference for the use of the safety belts in given to children under 3 years of age; and
(3) All unrestrained children under 5 years of age are in the rear seat of the motor vehicle.
Sec. 8. NRS 690B.027 is hereby amended to read as follows:
690B.027 An insurer shall not impose on an insured or group of insureds any increase in motor vehicle insurance rates because of any violation of NRS 484.361 which does not result in the issuance of any demerit points as prescribed in [NRS 483.470,] section 2 of this act, nor shall an insurer cancel or refuse to renew any policy of insurance for that reason.
Sec. 9. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 337Assemblymen DuBois, Nevin, Stone, Price, Little, Bergevin, Bogaert, Roberts, Thompson, Ham, Zimmer, Beyer, Fairchild, ODonnell, Rader and Lambert
CHAPTER 414
AN ACT relating to peace officers; extending the power of arrest to officers of the Drug Enforcement Administration for certain purposes; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.124 is hereby amended to read as follows:
171.124 1. Except as otherwise provided in [this section,] subsections 3 and 4, a peace officer or an officer of the Drug Enforcement Administration designated by the Attorney General of the United States for that purpose may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the person arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
κ1985 Statutes of Nevada, Page 1172 (CHAPTER 414, AB 337)κ
of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
(f) When [the peace officer] he has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and [the peace officer] he finds evidence of bodily harm to the spouse.
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.
3. A peace officer who is a sheriff or deputy sheriff of any county or a member of the police department of any city or town may only make an arrest pursuant to subsections 1 and 2 for an offense committed within his territorial jurisdiction, but he may make the arrest beyond the boundaries of that jurisdiction.
4. An officer of the Drug Enforcement Administration may only make an arrest pursuant to subsections 1 and 2 for a violation of chapter 453 of NRS.
________
Senate Bill No. 442Senator Rhoads
CHAPTER 415
AN ACT relating to cities; authorizing reclassification based on the governors annual estimate of population; authorizing consolidation of the offices of clerk and treasurer; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 266.060 is hereby amended to read as follows:
266.060 1. Whenever any city of the second class [shall have attained] attains the population of 20,000 or more, or any city of the third class [shall have attained] attains the population of 5,000 or more, and [such fact shall have been duly ascertained by] that fact is ascertained:
(a) By actual census taken and certified to the governor by the mayor [,] ; or
(b) At the option of the city council, by the governor, pursuant to NRS 360.285, for 2 consecutive years,
the governor shall declare, by public proclamation, [such] that city to be of the first or second class, as the case may be, and [such cities] the city thus changed [shall be] is governed by the provisions of this chapter, applicable to cities of the higher class.
2. An authenticated copy of the governors proclamation [shall] must be filed in the office of the secretary of state.
κ1985 Statutes of Nevada, Page 1173 (CHAPTER 415, SB 442)κ
Sec. 2. NRS 266.405 is hereby amended to read as follows:
266.405 1. In addition to the mayor and city council, there may be elected in each city of the first or second class a city clerk, a city treasurer, or if those offices are combined pursuant to subsection 3, a city clerk and treasurer, a municipal judge and a city attorney. All elective officers shall hold their respective offices for 4 years and until their successors are elected and qualified, except that cities of the third class may by ordinance [regularly adopted] provide that the mayor and city councilmen must be elected and [shall] hold office for [a period of] 2 years.
2. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and such appointive officers shall hold their respective offices during the pleasure of the mayor and city council.
3. The governing body of a city may provide by ordinance, for the office of city clerk and the office of city treasurer to be combined into the office of city clerk and treasurer.
Sec. 3. NRS 266.410 is hereby amended to read as follows:
266.410 [In] Except as otherwise provided in subsection 3 of NRS 266.405 for the clerk and treasurer, in cities of the first and second class, no mayor, councilman, clerk, auditor, attorney or treasurer shall hold any other office under the city government during his term of office.
Sec. 4. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 318Committee on Commerce
CHAPTER 416
AN ACT relating to motor vehicles; making various changes in the law concerning proof of financial responsibility; allowing a person involved in an accident or his insurer to obtain information which was submitted to the department of motor vehicles concerning another person involved in the accident; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.525 is hereby amended to read as follows:
483.525 The department may not restore a drivers license, permit or privilege of driving a motor vehicle in this state which has been revoked unless the person who is seeking the license, permit or privilege submits [evidence that he is maintaining insurance or is financially responsible for the operation of any motor vehicle of which he is the owner or which is owned by a member of his household and which he may be expected to operate.]
κ1985 Statutes of Nevada, Page 1174 (CHAPTER 416, AB 318)κ
may be expected to operate.] proof of financial responsibility as provided in NRS 485.307. He shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license, permit or privilege. If he fails to do so, the department shall suspend his license, permit or privilege.
Sec. 2. NRS 484.229 is hereby amended to read as follows:
484.229 1. Except as provided in [subsection 2,] 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 $350 or more, shall, within 10 days after the accident, forward a written report of the accident to the department of motor vehicles. 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 under chapter 684A of NRS, or a motor vehicle physical damage appraiser licensed under 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 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.
[3.] 4. A written accident report is not required under this chapter from any person who is physically incapable of making a report, during the period of his incapacity. [4.] 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 purposes, except that the department may disclose to a person involved in an accident or to his insurer the identity of [a] another person involved in [an] the accident when his identity is not otherwise known or when he denies his presence at the accident.
κ1985 Statutes of Nevada, Page 1175 (CHAPTER 416, AB 318)κ
The department may also disclose the name of his insurer and the number of his policy.
6. No written report forwarded under the provisions of this section may 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 [such] 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. Such a report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.
Sec. 3. NRS 484.247 is hereby amended to read as follows:
484.247 1. The department of motor vehicles shall prepare and upon request supply to police departments, sheriffs and other appropriate agencies or persons forms for written accident reports as required in this chapter, suitable with respect to the persons required to make the reports and the purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to [a vehicle] an accident the cause, conditions then existing [and] , the persons and vehicles involved [.] , the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends.
2. The form prepared for a report to be made by persons pursuant to NRS 484.229 must call for such information as is required by the drivers license division of the department of motor vehicles to enable it to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The division may rely upon the accuracy of information supplied by a driver or owner on such a form unless the division has reason to believe that the information is erroneous.
3. Every accident report required to be made in writing must be made on the appropriate form approved by the department and must contain all the information required therein unless it is not available.
Sec. 4. NRS 485.110 is hereby amended to read as follows:
485.110 Registration means the registration certificate [or certificates and registration plates] and plate issued under the laws of this state pertaining to the registration of motor vehicles.
Sec. 5. NRS 485.230 is hereby amended to read as follows:
485.230 1. The license [and registration] , all registrations and the nonresidents operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be renewed nor may any license or registration be issued to any such person until:
(a) He deposits or there is deposited on his behalf the security required under NRS 485.190;
(b) Two years have elapsed following the date of the accident and evidence satisfactory to the division has been filed with it that during that period no action for damages arising out of the accident has been instituted; or
κ1985 Statutes of Nevada, Page 1176 (CHAPTER 416, AB 318)κ
period no action for damages arising out of the accident has been instituted; or
(c) Evidence satisfactory to the division has been filed with it of a release from liability, or a final adjudication of nonliability, or [a duly] an acknowledged written agreement, in accordance with NRS 485.190.
2. Upon any default in the payment of any installment under any [duly] acknowledged written agreement, and upon notice of the default, the division shall suspend the license and [registration] all registrations or the nonresidents operating privilege of the person defaulting, which may not be restored until:
(a) The person deposits and thereafter maintains security as required under NRS 485.190 in such an amount as the division may then determine; or
(b) One year has elapsed following the date of default, or 2 years following the date of the accident, whichever is greater, and during that period no action upon the agreement has been instituted in a court in this state.
3. Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirement for reinstatement of the operators license and [motor vehicle] registrations under this section. He shall maintain proof of financial responsibility for 3 years [from] after the date of reinstatement of the license in accordance with the provisions of this chapter . [and if] If he fails to do so the division shall suspend the license and registrations . [must again be suspended.]
Sec. 6. NRS 485.302 is hereby amended to read as follows:
485.302 1. The division, upon the receipt of a certified copy of a judgment, shall forthwith suspend the license [and registration] , all registrations and any nonresidents operating privilege of any person against whom [such] the judgment was rendered, except as [hereinafter] otherwise provided in this section and in NRS 485.305.
2. If the judgment creditor consents in writing, in such a form as the division may prescribe, that the judgment debtor be allowed a license and registration or nonresidents operating privilege, [the same] it may be allowed by the division [, in its discretion,] for 6 months [from] after the date of [such] the consent and thereafter until [such] the consent is revoked in writing notwithstanding default in the payment of [such] the judgment, or of any installments thereof prescribed in NRS 485.305, [provided] if the judgment debtor furnishes proof of financial responsibility [.] as provided in NRS 485.307. The debtor shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license in accordance with the provisions of this chapter. If he fails to do so the division shall suspend the license and registrations.
Sec. 7. NRS 485.303 is hereby amended to read as follows:
485.303 [Such license, registration]
1. The license, all registrations and the nonresidents operating privilege [shall] must remain so suspended and [shall] must not be renewed, nor [shall any such] may any license or registration be thereafter issued in the name of such a person, including any such person not previously licensed, unless [and until] every such judgment is stayed, satisfied in full or to the extent [hereinafter] provided in this chapter and [until] the person gives proof of financial responsibility subject to the exemptions stated in NRS 485.302 and 485.305.
κ1985 Statutes of Nevada, Page 1177 (CHAPTER 416, AB 318)κ
renewed, nor [shall any such] may any license or registration be thereafter issued in the name of such a person, including any such person not previously licensed, unless [and until] every such judgment is stayed, satisfied in full or to the extent [hereinafter] provided in this chapter and [until] the person gives proof of financial responsibility subject to the exemptions stated in NRS 485.302 and 485.305.
2. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307.
Sec. 8. NRS 485.305 is hereby amended to read as follows:
485.305 1. A judgment debtor upon due notice to the judgment creditor may apply to the court in which [such] the judgment was rendered for the privilege of paying [such] the judgment in installments and the court, [in its discretion and] without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
2. The division shall not suspend a license, registration or a nonresidents operating privilege, and shall restore any license, [registration] registrations or nonresidents operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of [such] the judgment in installments, and while the payment of any such installment is not in default. The requirements of this section for reinstatement of a license, registration or privilege are in addition to the requirements of NRS 485.307.
3. If the judgment debtor fails to pay any installment as specified by such an order, then upon notice of such default, the division shall forthwith suspend the license, [registration] registrations or nonresidents operating privilege of the judgment debtor until [such] the judgment is satisfied, as provided in this chapter.
Sec. 9. NRS 485.307 is hereby amended to read as follows:
485.307 1. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:
(a) A certificate of insurance as provided in NRS 485.308 or 485.309; [or]
(b) A bond as provided in NRS 485.3094; [or]
(c) A certificate of deposit of money or securities as provided in NRS 485.3095; or
(d) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owners motor vehicle liability policy if it had issued such a policy to [such] the self-insurer.
2. [No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such proof shall be furnished for such motor vehicle.] If the department suspends a license or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of financial responsibility is a condition of reinstatement, no motor vehicle may be or continue to be registered in the name of the person whose license or registration was suspended unless proof of financial responsibility is furnished for each motor vehicle registered.
κ1985 Statutes of Nevada, Page 1178 (CHAPTER 416, AB 318)κ
department suspends a license or registration pursuant to NRS 485.010 to 485.3099, inclusive, and proof of financial responsibility is a condition of reinstatement, no motor vehicle may be or continue to be registered in the name of the person whose license or registration was suspended unless proof of financial responsibility is furnished for each motor vehicle registered.
3. Whenever the department restores a license, permit or privilege of driving a vehicle in this state which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished for each motor vehicle registered.
Sec. 10. NRS 485.308 is hereby amended to read as follows:
485.308 [1.] Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier [duly] authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. [Such a certificate must give the effective date of the motor vehicle liability policy, which date must be the same as the effective date of the certificate, and must designate by explicit description or by appropriate reference all motor vehicles covered thereby,] The certificate must specify its effective date and designate by appropriate reference all motor vehicles covered by it, unless the policy is issued to a person who is not the owner of a motor vehicle.
[2. No motor vehicle may be or continue to be registered in the name of any person required to file proof of financial responsibility unless the motor vehicle is so designated in such a certificate.]
Sec. 11. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has issued a motor vehicle liability policy, the insurance so issued [shall] must not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance has been received by the insured and, if the insurance carrier has certified [such] the policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the division. A policy subsequently procured and certified [shall,] must, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates. If the effective date of the termination is within 3 years after the date of reinstatement of a license, registration or privilege, the division shall suspend the license and registration or privilege.
Sec. 12. NRS 485.326 is hereby amended to read as follows:
485.326 The department of motor vehicles shall suspend the [operating privileges and registration] license of any person convicted of violating NRS 485.185 [. Those operating privileges] and the registration of the vehicle described on the report of conviction. The license and registration must remain suspended until he shows proof of financial responsibility as set forth in NRS 485.307. He shall maintain proof of financial responsibility for 3 years after the reinstatement of his [operating privileges] license and registration in accordance with the provisions of this chapter, and if he fails to do so [those operating privileges] the division shall suspend his license and registration .
κ1985 Statutes of Nevada, Page 1179 (CHAPTER 416, AB 318)κ
financial responsibility for 3 years after the reinstatement of his [operating privileges] license and registration in accordance with the provisions of this chapter, and if he fails to do so [those operating privileges] the division shall suspend his license and registration . [must again be suspended.]
________
Senate Bill No. 479Committee on Finance
CHAPTER 417
AN ACT relating to taxes on retail sales; revising the computation used to determine the amount of security required from a retailer; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 372.510 is hereby amended to read as follows:
372.510 1. The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine. The department shall fix the amount of the security which, except as [noted below,] provided in subsection 2, may not be greater than twice the estimated average [liability] tax due quarterly of persons filing returns for quarterly periods or three times the estimated average [liability] tax due monthly of persons filing returns for monthly periods, determined in such manner as the department deems proper . [, or $10,000, whichever amount is the lesser.]
2. In the case of persons who are habitually delinquent in their obligations under this chapter, the amount of the security may not be greater than three times the average [liability] actual tax due quarterly of persons filing returns for quarterly periods or five times the average [liability] actual tax due monthly of persons filing returns for monthly periods . [, or $10,000, whichever amount is the lesser.]
3. The limitations provided in this section apply regardless of the type of security placed with the department.
4. The amount of the security may be increased or decreased by the department subject to the limitations provided in this section.
5. The department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.
κ1985 Statutes of Nevada, Page 1180 (CHAPTER 417, SB 479)κ
Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.
6. Upon any sale any surplus above the amounts due must be returned to the person who placed the security.
Sec. 2. NRS 374.515 is hereby amended to read as follows:
374.515 1. The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine. The amount of the security must be fixed by the department but, except as [noted below,] provided in subsection 2, may not be greater than twice the estimated average [liability] tax due quarterly of persons filing returns for quarterly periods or three times the estimated average [liability] tax due monthly of persons filing returns for monthly periods, determined in such manner as the department deems proper . [, or $5,000, whichever amount is the lesser.]
2. In case of person habitually delinquent in their obligations under this chapter, the amount of the security must not be greater than three times the average [liability] actual tax due quarterly of persons filing returns for quarterly periods or five times the average [liability] actual tax due monthly of persons filing returns for monthly periods . [, or $5,000, whichever amount is the lesser.]
3. The limitations provided in this section apply regardless of the type of security placed with the department.
4. The amount of the security may be increased or decreased by the department subject to the limitations in this section.
5. The department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.
6. Upon any sale any surplus above the amounts due must be returned to the person who placed the security.
________
κ1985 Statutes of Nevada, Page 1181κ
Assembly Bill No. 250Committee on Taxation
CHAPTER 418
AN ACT relating to local governmental finance; changing the distribution of any excess receipts from the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.5988 is hereby amended to read as follows:
354.5988 1. If actual receipts from the supplemental city-county relief tax for any fiscal year exceed the estimate previously made by the executive director of the department of taxation, the excess receipts must be deposited in the reserve fund for the supplemental city-county relief tax which is hereby created in the state treasury. [There must also be deposited in this fund any proceeds of that tax which become available when for any local government] If the amount of the supplemental city-county relief tax otherwise distributable to [it] a local government exceeds the combined amount allowable to it from the supplemental city-county relief tax and taxes ad valorem [.] , the excess must be distributed to the other local governments in the county in the proportion that the maximum allowable revenue of each local government in that county bears to the total maximum allowable revenue of all local governments in that county excluding those governments whose share of the proceeds of the tax exceeded their maximum allowable revenue. If the proceeds of the tax exceed the maximum allowable revenue for all local governments within a county, the excess must be deposited in the reserve fund for the supplemental city-county relief tax. Money in this fund must not be used for any purpose other than distribution to local governments pursuant to this section. The interest earned upon the money in the fund must be added to the principal of the fund.
2. The money in this fund must be used to increase the distribution to local governments when the actual receipts from the supplemental city-county relief tax are less than the estimates previously made by the director of the department of taxation. Whenever the money in the fund at the beginning of any fiscal year exceeds 10 percent of the actual revenues from the supplemental city-county relief tax in the preceding fiscal year, this excess must be distributed to local governments in the following fiscal year in the same proportion as current receipts are distributed for that fiscal year. This distribution must be included in the executive directors estimate of money to be received by each local government from the supplemental city-county relief tax.
3. The Nevada tax commission may direct the state controller to make a special distribution from the fund if it determines that unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created.
κ1985 Statutes of Nevada, Page 1182 (CHAPTER 418, AB 250)κ
basic services for which it was created. In making such a determination, the tax commission shall consider the recommendation of the executive director of the department of taxation. The executive director and the tax commission shall consider, without limitation, the effect of a sudden and unusual change in population served, the construction of major public works and facilities, a significant decrease in one or more revenues from sources other than property taxes, excessive increases in the unit cost of providing services, whether present or probable, and events of an uncommon nature, such as judgments and other uninsured losses or natural disasters. The tax commission shall consider the general economic condition of the community and of the state and the effect of each proposal on the taxpayer, and make written findings of the facts supporting the distribution.
________
Assembly Bill No. 618Committee on Taxation
CHAPTER 419
AN ACT relating to taxation; providing for the repeal of provisions which impose a tax on the shares of banking corporations if a constitutional amendment exempting such shares from taxation is approved; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.043 is hereby amended to read as follows:
361.043 Taxable value means:
1. [The value of shares of stock in a bank determined in the manner provided in NRS 367.025.
2.] The value of property of an interstate and intercounty nature determined in the manner provided in NRS 361.320 or 361.323.
[3.] 2. The value of all other property determined in the manner provided in NRS 361.227.
Sec. 2. NRS 678.540 is hereby amended to read as follows:
678.540 [1. All shares, deposits and accumulations on such shares and deposits of any credit union organized under the provisions of this chapter or any other provisions of law are exempt from the tax imposed by chapter 367 of NRS.
2. The participation by a credit union in any government program providing unemployment, social security, old-age pension or other benefits is not a waiver of the taxation exemption granted by this section.
3.] The real property and any tangible personal property owned by a credit union organized pursuant to this chapter or any other provision of law is subject to taxation to the same extent as other similar property is taxed.
Sec. 3. NRS 367.020 to 367.070, inclusive, are hereby repealed.
κ1985 Statutes of Nevada, Page 1183 (CHAPTER 419, AB 618)κ
Sec. 4. Sections 1, 2 and 3 of this act become effective on December 1, 1986, if Senate Joint Resolution No. 3 of the 62nd session of the Nevada legislature is approved and ratified by the people at the general election held on November 4, 1986.
________
Assembly Bill No. 45Assemblymen Malone, Getto, Banner, McGaughey, ODonnell, Marvel, Dubois, Fairchild, Rader and Little
CHAPTER 420
AN ACT relating to highways; directing the department of transportation to designate U.S. 95 as Veterans Memorial Highway; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The director of the department of transportation shall designate United States Highway No. 95 including Alternate Highway No. 95, as located in this state, as Veterans Memorial Highway, if one or more veterans organizations agree to pay for the cost and installation of suitable markers along the highway at such points as the director deems appropriate.
________
Senate Bill No. 330Committee on Finance
CHAPTER 421
AN ACT relating to public employees retirement; limiting the prospective increase of contributions to the public employees retirement fund and the police and firemens retirement fund; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.465 is hereby amended to read as follows:
286.465 1. Except as limited by subsection 2, if the increase in taxable revenue for a particular year as compared to 1983 is:
(a) At least 10 percent but less than 15 percent, the total rate of contribution to both the public employees retirement fund and the police and firemens retirement fund increases above the rate for 1983 by 1 percent of compensation.
(b) At least 15 percent but less than 17.5 percent, the rate increases above the rate for 1983 by 2 percent of compensation.
The rate of contribution further increases by 1 percent of compensation for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983.
κ1985 Statutes of Nevada, Page 1184 (CHAPTER 421, SB 330)κ
for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983. Any increase pursuant to this section is effective on July 1 of the year following the year which is compared to 1983.
2. Rates of contribution must not increase [beyond] :
(a) More than 1 percent per year.
(b) Beyond the level which is actuarially computed to be sufficient to pay for the allowances and benefits provided by this chapter.
3. The number of percent by which the rate would increase but for the limitation prescribed by paragraph (a) of subsection 2 must be accumulated and applied in the next succeeding years in which the rate would not otherwise be increased pursuant to subsection 1, subject to the limitations in subsection 2.
4. As used in this section, increase in taxable revenue for a particular year as compared to 1983 means the percentage by which the sum of taxable retail sales and gross revenue of gaming licensees for that calendar year exceeds the sum of such sales and revenue for the calendar year 1983, excluding sales and revenue which are taxed because the scope of the tax was expanded after 1983.
[4.] 5. Each year the department of administration shall determine and the legislative auditor shall verify the increase in taxable revenue for that year as compared to 1983.
________
Senate Bill No. 236Senators Ryan, OConnell and Horn
CHAPTER 422
AN ACT relating to property taxes; providing a special credit in the towns of Paradise and Winchester to redress a prior inequity; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds that:
1. Petitions submitted on behalf of taxpayers of the unincorporated towns of Paradise and Winchester, in Clark County, to limit the rate of tax levied ad valorem for the benefit of those towns respectively, pursuant to the provisions of section 17 of chapter 425, Statutes of Nevada 1983, were held to be technically defective and for this reason the registered voters of those towns had no opportunity to vote on limiting those taxes.
2. Elsewhere throughout Clark County similar petitions which were put to a vote were approved by large majorities.
3. The technical defects in the petitions submitted in all likelihood resulted in a higher tax rate in those towns than if their residents had been permitted to vote on the question, thus putting their taxpayers at an unfair disadvantage compared to taxpayers in other communities.
κ1985 Statutes of Nevada, Page 1185 (CHAPTER 422, SB 236)κ
been permitted to vote on the question, thus putting their taxpayers at an unfair disadvantage compared to taxpayers in other communities.
4. To redress this inequity requires special provisions for which a general law cannot be made applicable.
Sec. 2. 1. In computing the tax rates permissible in the towns of Paradise and Winchester, as limited by NRS 354.59811, for the fiscal year 1985-1986 and subsequent fiscal years, each officer of this state and of Clark County shall proceed as if NRS 354.59811 had been effective in those towns for the fiscal year 1983-1984.
2. In order to offset the larger amount of taxes actually levied for the fiscal year 1983-1984, the officer of Clark County responsible for the preparation of tax bills for the fiscal year 1985-1986 shall compute for each individual property taxed ad valorem in 1983-1984 the amount by which the tax actually levied exceeded the amount which would have been levied if NRS 354.59811 had been applied in computing the tax rate for the benefit of each of those towns for the fiscal year 1983-1984. The amount so calculated plus interest at 8 percent, must be allowed as a credit against the amount otherwise due on that individual property for the fiscal year 1985-1986.
3. For the purposes of NRS 354.59811 in the fiscal year 1986-1987, the revenue of Clark County and the towns of Paradise and Winchester from taxes ad valorem in the fiscal year 1985-1986 must be computed as if the credit required by this section had not been allowed.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 456Committee on Commerce and Labor
CHAPTER 423
AN ACT relating to insurance; allowing a fraternal benefit society to use the same standards for nonforfeiture and valuation of certain policies as those used by life insurance companies; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 695A.200 is hereby amended to read as follows:
695A.200 1. A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its laws may permit. As to certificates issued on and after July 1, 1963, a society shall grant at least one paid-up nonforfeiture benefit, except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts or contracts of term insurance of uniform amount of 15 years or less expiring before age 66.
2. In the case of certificates other than those for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table , [or] the Commissioners 1958 Standard Ordinary Mortality Table [,] or such other table of mortality as may be specified by the society and approved by the commissioner, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted [shall] must not be less than the excess, if any, of:
κ1985 Statutes of Nevada, Page 1186 (CHAPTER 423, SB 456)κ
[or] the Commissioners 1958 Standard Ordinary Mortality Table [,] or such other table of mortality as may be specified by the society and approved by the commissioner, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted [shall] must not be less than the excess, if any, of:
(a) The reserve under the certificate determined on the basis specified in the certificate; over
(b) The sum of any indebtedness to the society on the certificate including interest due and accrued, and a surrender charge equal to 2.5 percent of the face amount of the certificate, which, in the case of insurance on the lives of children, [shall be] is the ultimate face amount of the certificate, if death benefits provided therein are graded.
3. In the case of certificates issued on a substandard basis or in the case of certificates the reserve for which are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted, including accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than 130 percent of those shown by the mortality table specified in the certificate for the computation of the reserve.
4. In the case of certificates for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table , [or] the Commissioners 1958 Standard Ordinary Mortality Table [,] or such other table of mortality as may be specified by the society and approved by the commissioner, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan or other option granted [shall] must not be less than the corresponding amount ascertained in accordance with the provisions of the laws of this state applicable to life insurance companies issuing policies containing like insurance benefits based upon [such] those tables.
Sec. 2. NRS 695A.490 is hereby amended to read as follows:
695A.490 1. The valuation and underlying data [shall] must be certified by a competent actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society.
2. The minimum standards of valuation for certificates issued [prior to] before July 1, 1964, [shall be] are those provided by the law applicable immediately [prior to] before July 1, 1963, but not lower than the standards used in the calculating of rates for [such] those certificates.
3. [The] Except as otherwise provided in subsection 4, the minimum standard of valuation for certificates issued after July 1, 1964, [shall be] is 3.5 percent interest and the following:
(a) For certificates of life insurance, American Men Ultimate Table of Mortality, with Bowermans or Davis Extension thereof or with the consent of the commissioner, the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, using the actual age of the insured for male risks and an age not more than 3 years younger than the actual age of the insured for female risks;
κ1985 Statutes of Nevada, Page 1187 (CHAPTER 423, SB 456)κ
Table, using the actual age of the insured for male risks and an age not more than 3 years younger than the actual age of the insured for female risks;
(b) For annuity and pure endowment certificates, excluding any disability and accidental death benefits in [such] those certificates, the 1937 Standard Annuity Mortality Table or the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner;
(c) For total and permanent disability benefits in or supplementary to life insurance certificates, Hunters Disability Table, or the Class III Disability Table (1926) modified to conform to the contractual waiting period, or the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries with due regard to the type of benefit. Any such table [shall,] must, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance certificates;
(d) For accidental death benefits in or supplementary to Life Insurance Certificates, the Inter-Company Double Indemnity Mortality Table or the 1959 Accidental Death Benefits Table. Either table [shall] must be combined with a mortality table permitted for calculating the reserves for life insurance certificates; and
(e) For noncancellable accident and health benefits, the Class III Disability Table (1926) with conference modifications or, with the consent of the commissioner, tables based upon the societys own experience.
4. A society may value its certificates in accordance with the valuation standards used for policies containing comparable benefits which are issued in this state by life insurance companies.
5. The commissioner may : [, in his discretion:]
(a) Accept other standards for valuation if he finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard [herein prescribed.] prescribed in this section.
(b) Vary the standards of mortality applicable to all certificates of insurance on substandard lives or other extra-hazardous lives by any society authorized to do business in this state.
[5.] 6. Whenever the mortality experience under all certificates valued on the same mortality table is in excess of the expected mortality according to [such] that table for a period of 3 consecutive years, the commissioner may require additional reserves when deemed necessary in his judgment on account of [such] those certificates.
[6.] 7. Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, as he may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any insured member [shall not be] are not affected thereby.
________
κ1985 Statutes of Nevada, Page 1188κ
Senate Bill No. 361Committee on Finance
CHAPTER 424
AN ACT relating to public employees retirement; increasing the post-retirement increase to certain persons who are receiving small benefits; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.5765 is hereby amended to read as follows:
286.5765 1. The system shall provide an increase of $80 per month for all public employees who retired before July 1, 1963, in addition to the amounts to which they were respectively entitled on April 1, 1975.
2. An employee who retired before September 1, 1975, with 20 or more years of credit for service, whose gross benefit is less than $500 per month must be paid an increase in an amount which would make his gross benefit $500 per month or an increase of [$100] $200 per month, whichever is less. A person receiving a benefit under option 3 or 5 as the beneficiary of an employee who retired before September 1, 1975, with 20 or more years of credit for service, if the beneficiary is receiving less than $250 per month, must be paid an increase in an amount which would make his gross benefit $250 per month or an increase of [$50] $100 per month, whichever is less.
3. All money which has been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937, as amended, must be transferred to the public employees retirement fund. The money must be combined with the appropriation made by section 35 of chapter 270, Statutes of Nevada 1975, and segregated into a separate account within the public employees retirement fund from which the increases provided in this section must be paid. If the money in that account is insufficient to pay those increases, the amount needed must be provided by the system.
________
κ1985 Statutes of Nevada, Page 1189κ
Assembly Bill No. 169Assemblymen McGaughey, Thompson, Schofield, Bilyeu, Bergevin, Banner, Horne, Williams, Kerns, Zimmer, Ham, Coffin, DuBois, Arberry, Little, Collins, Francis, Rader, Tebbs, Roberts, Malone, Sedway, Price, Bogaert, Humke, Dini, Jeffrey, Nevin, ODonnell, Lambert, Spriggs, Craddock, Joerg, Getto, Swain, Stone, Sader, Nicholas, Thomas, Beyer and Marvel
CHAPTER 425
AN ACT relating to the control of floods; granting additional powers to a district for that purpose; changing the composition of the board of directors; authorizing the levy of an assessment to pay for certain improvements; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 543 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Acquisition includes extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other means, or any combination thereof. Acquire has a correspondingly extensive meaning.
Sec. 3. Board means the board of directors of a district.
Sec. 4. District means any district for the control of floods organized or, in the case of organizational provisions, proposed to be organized, pursuant to NRS 543.160 to 543.830, inclusive, and sections 2 to 14, inclusive, of this act.
Sec. 4.5. Hydrographic area means the drainage basin of a stream and its tributaries, together with any other stream or body of water to which that stream is tributary.
Sec. 5. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate.
Sec. 6. Taxpaying elector means a person who is qualified to vote at general elections in this state, whether or not registered to vote or a resident in the district, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real property within the district.
Sec. 7. A project may consist of any kinds of personal or real property or any estate, interest or right in property, singly or in any combination.
Sec. 8. When notice is required to be given by publication pursuant to NRS 543.160 to 543.830, inclusive, and sections 2 to 14, inclusive, of this act, publication must be made at least once a week for 3 consecutive weeks in at least one newspaper of general circulation in the district. It is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication must be at least 15 days before the designated time or event.
κ1985 Statutes of Nevada, Page 1190 (CHAPTER 425, AB 169)κ
Sec. 9. The board may enhance any project of the district by providing recreational facilities, landscaping and similar amenities in order to increase the usefulness of the project to the community, provide aesthetic compatibility with the surrounding community and mitigate the adverse effect of the project on the environment.
Sec. 10. Any improvement pursuant to NRS 543.160 to 543.830, inclusive, and sections 2 to 14, inclusive, of this act, may be located, constructed and maintained in, along or across any public road or highway in the district in a manner that affords security for life and property. The board shall restore or cause to be restored the road or highway to its former condition as nearly as may be, in order not to impair its usefulness.
Secs. 11 through 13. (Deleted by amendment.)
Sec. 14. 1. The board shall adopt uniform regulations for the control of drainage, in accordance with the master plan, from land which is developed after the regulations become effective. The regulations may include provisions for the granting of a variance by the board upon application and showing of conditions peculiar to certain land which justify the variance.
2. On and after July 1, 1987, a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated these regulations in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The county or city is then responsible for their enforcement, but the county or any city may bring an action against any of the others to compel enforcement in the latters territory.
3. The board may also require as a condition of granting money to a county or city that the recipient comply with uniform policies established by the board for the operation and maintenance of a project or improvement.
Sec. 14.5. NRS 543.170 is hereby amended to read as follows:
543.170 [1. It is hereby declared as a matter of legislative determination that the organization of districts having the purposes, powers, rights, privileges and immunities provided in NRS 543.160 to 543.830, inclusive, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada; that the acquisition, improvement, maintenance and operation of any project authorized in NRS 543.160 to 543.830, inclusive, is in the public interest and constitutes a part of the established and permanent policy of the State of Nevada; and that each district organized pursuant to the provisions of NRS 543.160 to 543.830, inclusive, shall be a body corporate and politic and a quasi-municipal corporation. For the accomplishment of these purposes the provisions of NRS 543.160 to 543.830, inclusive, shall be broadly construed.
2. It is hereby further declared as a matter of legislative determination that the notice provided for in NRS 543.160 to 543.830, inclusive, for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interest.
κ1985 Statutes of Nevada, Page 1191 (CHAPTER 425, AB 169)κ
for each hearing and action to be taken is reasonably calculated to inform the parties of all proceedings which may directly and adversely affect their legally protected interest.
3. Nothing in NRS 543.160 to 543.830, inclusive, shall be construed to interfere with or conflict with or limit the functions and responsibilities of:
(a) The health division of the department of human resources as provided by law.
(b) The state engineer as provided by law, and in case of conflict between the provisions of NRS 543.160 to 543.830, inclusive, and such other law, the provisions of such other law shall prevail.]
The legislature finds and declares that:
1. Facilities to alleviate flooding in any district, whether located in a city, an unincorporated town or another unincorporated area of the county, benefit all the residents and owners of property in the district.
2. These facilities provide protection for life and property throughout the district, and usually require planning and development throughout a drainage basin.
Sec. 15. NRS 543.180 is hereby amended to read as follows:
543.180 As used in NRS 543.160 to 543.830, inclusive, [the following words or phrases are defined as follows:
1. Acquisition, acquire and acquiring each means acquisition, extension, alteration, reconstruction, repair or other improvement by purchase, construction, installation, reconstruction, condemnation, lease, rent, gift, grant, bequest, devise, contract or other acquisition, or any combination thereof.
2. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the county by the levy of assessments, except:
(a) Any tract owned by the Federal Government, in the absence of its consent to the assessment, or the county.
(b) Any street or other public right of way.
3. Board means the board of directors of a district.
4. District means any flood control district organized or, in the case of organizational provisions, proposed to be organized, pursuant to NRS 543.160 to 543.830, inclusive.
5. Mail means a single mailing, first class (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the designated time or event.
6. Project and improvement each means any structure, facility, undertaking or system which a district is authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property, including but not limited to land, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right therein, legal or equitable, including terms for years, or any combination thereof.
7. Publication means publication at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district.
κ1985 Statutes of Nevada, Page 1192 (CHAPTER 425, AB 169)κ
consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication shall be at least 15 days prior to the designated time or event.
8. Shall is mandatory and may is permissive.
9. Taxpaying elector means a person who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real property within the district. Registration pursuant to the election (or any other) statutes is not required. Residence in the county is not required.] and sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 16. NRS 543.240 is hereby amended to read as follows:
543.240 [A] 1. In any county whose population is 250,000 or more, the entire county constitutes the district.
2. In any other county, a district may:
[1.] (a) Consist of one contiguous area or of two or more noncontiguous areas.
[2.] (b) Include all or part of municipal corporations and other political subdivisions.
Sec. 16.5. NRS 543.250 is hereby amended to read as follows:
543.250 1. [The] In any county whose population is less than 250,000 the board of county commissioners [of any county is hereby vested with jurisdiction, power and authority to] may create districts.
2. No member of a board of county commissioners or board of directors [shall be] is disqualified to perform any duty imposed by NRS 543.160 to 543.830, inclusive, by reason of ownership of property within any proposed district.
3. A district so created may include territory within another such county, with the consent of the board of county commissioners of [such] the other county.
Sec. 17. NRS 543.320 is hereby amended to read as follows:
543.320 [A district shall be]
1. Except as otherwise provided in subsection 2, the district is governed by a board of directors consisting of the members of the board of county commissioners of the county.
2. If the district coincides with a county in which a regional transportation commission has been created pursuant to chapter 373 of NRS, the members of that commission constitute the board of directors of the district.
Sec. 18. NRS 543.330 is hereby amended to read as follows:
543.330 1. The board shall meet in July of each year to organize and choose one of its members as chairman of the board and president of the district, and [shall] elect a secretary of the board and of the district, who may or may not be a member of the board.
κ1985 Statutes of Nevada, Page 1193 (CHAPTER 425, AB 169)κ
2. The county treasurer [shall be] is the treasurer of the board and of the district.
3. The secretary shall keep, in a well-bound book, a record of all of the boards proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which [book shall] must be open to inspection [of] by all owners of real property in the district as well as [to all] other interested persons.
4. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records.
5. No member of the board [shall] may receive compensation for his services, but members [shall] may be reimbursed for their necessary expenses in attending district meetings and for necessary expenses incurred in traveling within and without the state when required to carry out the affairs of the district.
Sec. 19. NRS 543.340 is hereby amended to read as follows:
543.340 1. [The board shall meet regularly at least once each year, and] In addition to the requirements of NRS 543.330, the board may meet at such time or times and at such regular meeting place within the district as it [shall by resolution determine.] determines by resolution.
2. Special meetings may be held on notice to each member of the board as often as, and at such place or places within the district as, the needs of the district require.
3. A majority of the members of the board [shall constitute] constitutes a quorum at any meeting.
4. The board shall adopt written policies and procedures for administering the district and for operating and maintaining its projects and improvements.
Sec. 20. NRS 543.360 is hereby amended to read as follows:
543.360 The board may:
1. [Acquire,] By the affirmative vote of two-thirds of its members, acquire, construct, improve, extend, maintain and operate projects [, improvements and facilities] and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district [, but which streams and the flood waters thereof] but flow into the district. After July 1, 1986, no project or improvement may be acquired unless it is included in the master plan. A project or improvement must not be acquired unless it is first approved by an agreement among the county and all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains an estimate of its cost, and shows its relation to the master plan.
2. Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing [such waters] them to percolate into the soil within or without the district.
3. Save and conserve in any manner all or any of such waters and protect from [such] floods or storm waters the watercourses, watersheds, public highways, life and property in the district.
κ1985 Statutes of Nevada, Page 1194 (CHAPTER 425, AB 169)κ
protect from [such] floods or storm waters the watercourses, watersheds, public highways, life and property in the district.
4. Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.
5. Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.
Sec. 21. NRS 543.450 is hereby amended to read as follows:
543.450 The board [shall have the power:
1. To enter] may:
1. Enter upon any land to make surveys and locate the necessary [works of] improvements and the lines for channels, conduits, canals, pipelines, basins for retention or detention of water, roadways and other rights of way.
2. [To acquire,] Acquire, by purchase, lease, contract, condemnation or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of [such] those works, including works constructed or being constructed by private owners, lands for [reservoirs for storage of necessary] basins for retention or detention of water, and all necessary appurtenances.
3. [To enter] Enter into agreements with and do any acts necessary or proper for the performance of any agreements with the United States, or any state, county, district of any kind, public or private corporation, association, firm or [individual, or any number of them,] other person for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance or repair or operation [to] of any rights, works or other property of any kind which might be lawfully acquired or owned by the district.
4. [To acquire] Acquire the right to [store water in any reservoir,] retain or detain water in any basin, or carry water through any canal, ditch or conduit not owned or controlled by the district.
5. [To grant] Grant to any owner or lessee the right to [the use of any water or the right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch or conduit] use any facility of the district.
6. [To enter] Enter into and do any act necessary or proper for the performance of any agreement of the district of any kind with a [public or private corporation, association, firm or individual, or any number of them,] person, a governmental organization, or the transfer or delivery [to any such district, corporation, association, firm or individual] of any water, water right or water supply stored, appropriated or otherwise acquired or stored for the use of the district, or for the purpose of exchanging [the same for] it for any other water, water rights or water supply [in exchange for water, water rights or water supply] to be delivered to the district . [by the other party to the district.]
7. Cooperate with and act in conjunction with the State of Nevada, or any of its engineers, officers, boards, commissions, departments or agencies, or with the United States Government or any of its engineers, officers, boards, commissions, departments or agencies, or with any public or private corporation [,] in the construction of any work for the controlling of [flood or storm waters] floodwaters of the district, or for the protection of life or property therein, or for the purpose of conserving [such] those waters for [the] beneficial use within the district, or for any other [works,] acts or [for] purposes provided for [herein,] in this section and to adopt and carry out any definite plan or system of work for [any such] that purpose.
κ1985 Statutes of Nevada, Page 1195 (CHAPTER 425, AB 169)κ
officers, boards, commissions, departments or agencies, or with any public or private corporation [,] in the construction of any work for the controlling of [flood or storm waters] floodwaters of the district, or for the protection of life or property therein, or for the purpose of conserving [such] those waters for [the] beneficial use within the district, or for any other [works,] acts or [for] purposes provided for [herein,] in this section and to adopt and carry out any definite plan or system of work for [any such] that purpose.
Sec. 22. NRS 543.510 is hereby amended to read as follows:
543.510 1. The board [shall have the power:
(a) To appoint] may:
(a) Appoint a chief engineer and general manager who [shall] must be a civil engineer registered pursuant to the provisions of chapter 625 of NRS [.
(b) To hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of NRS 543.160 to 543.830, inclusive.
(c) To prescribe] and must be selected from among three nominees proposed by a committee of private citizens. The county and each city all or part of whose territory is included in the district shall appoint one member to the committee.
(b) Prescribe the duties of officers, agents, employees and servants, and fix their compensation.
(c) Create a technical committee for the district. If the board of county commissioners constitutes the board of directors, the technical committee must consist of one member and one alternate appointed by the county and by each city within the district. If the regional transportation commission constitutes the board of directors, the number of members and alternates appointed respectively by the county and by each city must be equal to the number of its representatives on the commission. The committee shall annually choose one of its members as chairman. The chief engineer and general manager has no vote in the committee but shall serve as its executive secretary.
2. [All county officers, including the] The chief engineer and general manager may hire and retain agents, employees, servants, engineers and attorneys, and any other persons necessary or desirable to effect the purposes of the district.
3. The district attorney, the county surveyor, [the county engineer,] the county assessor, the county auditor [and the county clerk,] or comptroller, the county treasurer, their deputies, assistants, clerks and other employees [, shall act as] are ex officio officers, deputies, assistants, clerks and employees of the district. They shall, [unless otherwise ordered] if requested by the board , [of county commissioners,] perform the same various duties for the district as for the county. The board must reimburse the county for the cost of rendering these services.
Sec. 23. NRS 543.550 is hereby amended to read as follows:
543.550 1. There is hereby granted to a district [created pursuant to the provisions of NRS 543.160 to 543.830, inclusive,] the right of way for the construction and maintenance of [flood control channels,] floodways, ditches, waterways, conduits, canals, [storm] dikes, embankments , basins for retention or detention of water and protective works [,] in, over and across public lands of the State of Nevada [,] not otherwise disposed of or in use, but not in any case exceeding the length or width necessary for the construction of [such] those works and adjuncts or for the protection thereof.
κ1985 Statutes of Nevada, Page 1196 (CHAPTER 425, AB 169)κ
to the provisions of NRS 543.160 to 543.830, inclusive,] the right of way for the construction and maintenance of [flood control channels,] floodways, ditches, waterways, conduits, canals, [storm] dikes, embankments , basins for retention or detention of water and protective works [,] in, over and across public lands of the State of Nevada [,] not otherwise disposed of or in use, but not in any case exceeding the length or width necessary for the construction of [such] those works and adjuncts or for the protection thereof.
2. Whenever any selection of right of way for [such] those works or adjuncts [thereto] is made by the district, the board shall transmit to the division of state lands of the state department of conservation and natural resources and any other agency or entity of the state owning land in the area, including the University of Nevada and the Colorado River Commission, and to the county recorder of the county in which the selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which [the same] they are claimed or desired, verified to be correct.
3. If the division of state lands of the state department of conservation and natural resources [shall approve] approves the selection so made, [approval shall] it must be endorsed upon the plat and [there shall be issued to the district a permit to use such] a permit must be issued to use the rights of way and land.
Sec. 23.5. NRS 543.580 is hereby amended to read as follows:
543.580 1. The chief engineer and general manager [shall have the authority, with the approval of the state department of conservation and natural resources, to] may investigate carefully the best plan or plans:
(a) To control the [flood and storm waters] floodwaters of the district and the [flood and storm waters] floodwaters of streams that have their sources outside of the district [, but which stream and flood waters thereof] but flow into the district; [and]
(b) To conserve such waters for beneficial and useful purposes by spreading, storing, retaining, or causing to percolate into the soil within or without the district, or to save or conserve in any manner, any or all of such waters; and
(c) To protect the watercourses, watersheds, public highways, life and property in the district from damage from such water,
and to obtain such other information in regard thereto as may be deemed necessary or useful in carrying out the purposes of NRS 543.160 to 543.830, inclusive.
2. The chief engineer and general manager shall make and file reports from time to time with the board, which [reports shall] must show:
(a) A general description of the work to be done on each project or work of [improvements.] improvement.
(b) General plans, profiles, cross sections and other general specifications of the work to be done on each project or work of improvement.
(c) A general description of the lands, rights of way, easements and property proposed to be taken, acquired or injured in the carrying out of [such] that work.
κ1985 Statutes of Nevada, Page 1197 (CHAPTER 425, AB 169)κ
property proposed to be taken, acquired or injured in the carrying out of [such] that work.
(d) An estimate of the cost of each project or [works of improvements] work of improvement including:
(1) An estimate of the costs of lands, rights of way, easements and property proposed to be taken, acquired or injured in carrying out [such] the project or work of improvement.
(2) An estimate of all incidental expenses likely to be incurred in connection therewith, including legal, clerical, engineering, superintendence, inspection, printing and advertising, and stating the total amount of bonds, if any, necessary to be issued to pay for [the same.] it.
(3) A comparison of the total cost of the proposed works with an estimate of the cost of condemnation and relocation or replacement of property within the boundaries of the flood plain.
3. The chief engineer and general manager shall, from time to time, as directed by the board, file with the board supplementary, amendatory and additional reports and recommendations as necessity and convenience may require.
4. The chief engineer and general manager may, subject to the control and direction of the board, employ [such] other engineers, surveyors and other persons required for making all surveys and doing any work necessary for the making of the reports.
Sec. 24. NRS 543.590 is hereby amended to read as follows:
543.590 1. After a district has been established, the board shall cause its chief engineer or qualified private engineers or consultants to make a survey of the [flood control problems of] problems of controlling floods in the district and to prepare a report setting forth:
(a) A description of existing [flood control] facilities for the control of floods in the area.
(b) Recommendations as to cooperation between the district and the owner or owners of [such existing] the facilities.
(c) Recommendations for the construction or other acquisition of facilities to carry out the purpose of the district, with a preliminary plan therefor.
(d) A description of the property proposed to be acquired or damaged in the performance of work.
(e) A map showing the [district] boundaries of the district and location of the work proposed to be done.
(f) A map showing the hydrographic areas to be used by the district for planning and acquisition of projects and improvements.
(g) Such other facts and information as the board may request.
2. [Before submission to the board, the report shall be submitted to the health division of the department of human resources for review of any portions concerning water pollution and shall then be submitted to the state department of conservation and natural resources for revision and comment and returned to the board.] In the preparation of the report, the director of the state department of conservation and natural resources and the health division may assist in preliminary planning by:
κ1985 Statutes of Nevada, Page 1198 (CHAPTER 425, AB 169)κ
(a) The assignment of [state] technical, professional and administrative personnel.
(b) Providing information for engineering and other planning . [data.]
(c) Acting as [coordinating and liaison agents] coordinator and liaison between the district and participating local, state and federal agencies.
[Funds] Money expended in preliminary planning may, upon application to the director of the state department of conservation and natural resources and to the health division, be refunded, if [funds] money for these purposes [have] has been appropriated by the legislature.
3. The chief engineer for the district shall then prepare for each hydrographic area a [comprehensive program of flood control,] master plan for the control of floods which must set forth the most effective structural and regulatory means for correcting existing problems of flooding within the area and dealing with the probable effects of future development, taking into consideration the recommendations submitted in the report. In preparing the master plan, he shall incorporate insofar as possible the planning completed or undertaken by the county, each city all or part of whose territory is included in the area, and any private engineer or developer for any part of the area. The master plan may include as separate elements the immediate needs, indicating their relative priority, and other future needs.
4. When a [comprehensive program,] master plan satisfactory to the board, and after review by the director of the state department of conservation and natural resources , is available, it [shall] must be tentatively adopted. A public hearing on the proposed work [shall] must be scheduled and notice of the hearing [shall be] given by publication. After hearing and any adjournments thereof which may be ordered, the board may either require changes to be made in the [program] master plan as the board [shall consider] considers desirable or the board may approve the [program] tentative master plan as prepared. If changes are ordered a further hearing [shall] must be held pursuant to notice [which shall be] given by publication.
5. The county and each city all or part of whose territory is included within each hydrographic area shall then hold a public hearing to consider adopting the tentative master plan as a component of its master plan pursuant to chapter 278 of NRS. The master plan or its parts for that hydrographic area do not become final until adopted by the county and each city.
Sec. 24.3. NRS 543.600 is hereby amended to read as follows:
543.600 [The board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable property within the district, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in NRS 543.160 to 543.830, inclusive.] 1. In a county whose population is 250,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in this section is to be used to provide revenue for the support of the district.
κ1985 Statutes of Nevada, Page 1199 (CHAPTER 425, AB 169)κ
before deciding which one or combination of the powers set forth in this section is to be used to provide revenue for the support of the district. The method selected must be approved, in an election held throughout the district, by a majority of the voters voting on the question.
2. The board of county commissioners may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59805 to 354.5987, inclusive. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax.
3. The board of county commissioners may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.
4. In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.
5. In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.
Sec. 24.6. NRS 543.650 is hereby amended to read as follows:
543.650 1. The proceeds of all taxes and charges levied or imposed for the support of the district and all other revenues received for its account from any source must be deposited in the regional fund for the control of floods. No money may be drawn from the fund except for the use of the district.
2. Whenever any indebtedness has been incurred by a district, [it shall be lawful for the board to] the board may also levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and to provide extension of and betterments to the improvements of the district.
Sec. 25. NRS 543.675 is hereby amended to read as follows:
543.675 1. [A fee] In a county whose population is less than 250,000 an owner in fee of real property situate in the district [, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district,] may file with the board a petition praying that [such] those lands be excluded [and taken] from the district.
2. Petitions [shall:] must:
(a) Describe the property which the [petitioners desire] petitioner desires to have excluded.
(b) State that the property [is not] does not produce any runoff of floodwater capable of being served [with] by the facilities of the district [, or would not be benefited by remaining in the district or by any future improvement it might make.] or by any future improvement contained in the master plan.
κ1985 Statutes of Nevada, Page 1200 (CHAPTER 425, AB 169)κ
(c) Be acknowledged in the same manner and form as required in case of a conveyance of land.
(d) Be accompanied by a deposit of money sufficient to pay all costs of the [exclusion proceedings.] proceedings for exclusion.
3. The secretary of the board shall cause a notice of filing of such petition to be published, which [notice shall:] must:
(a) State the filing of [such] the petition.
(b) State the names of the petitioners.
(c) Describe the property mentioned in the petition.
(d) State the prayer of the petitioners.
(e) Notify all persons interested to appear at the office of the board at the time named in the notice, [showing cause in writing, if any they have,] and show cause in writing why the petition should not be granted.
4. The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person . [showing cause why the prayer of the petition should not be granted.]
5. The filing of [such petition shall be deemed and taken as] the petition is an assent by each [and all such petitioners] petitioner to the exclusion from the district of all or part of the property mentioned in the petition . [, or any part thereof.]
6. The board, [if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof,] if it considers it not to be in the best interest of the district that all or part of the property be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.
7. If the board [deems it for] considers it to be in the best interest of the district that the property mentioned in the petition [or some portion thereof] be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.
8. There [shall] may be no withdrawal from a petition after consideration by the board nor [shall] may further objection be filed except in case of fraud or misrepresentation.
9. Upon [allowance of such] granting the petition, the board shall file for record a certified copy of its ordinance making [such] the change, [as] in the manner provided in NRS 543.300.
Sec. 26. NRS 543.685 is hereby amended to read as follows:
543.685 [The] In a county whose population is less than 250,000 the boundaries of a district may be enlarged by the inclusion of additional real property [therein] in the following manner:
1. The [fee owner or owners] owner in fee of any real property capable of being served [with] by the facilities of the district may file with the board a petition [in writing praying that such] praying that the property be included in the district.
2. The petition [shall:] must:
κ1985 Statutes of Nevada, Page 1201 (CHAPTER 425, AB 169)κ
(a) Set forth an accurate legal description of the property . [owned by the petitioners.]
(b) State that assent to the inclusion of [such] the property in the district is given by [the signers thereto, constituting] all the [fee] owners in fee of [such] the property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. There [shall] may be no withdrawal from a petition after consideration by the board nor [shall] may further objections be filed except in case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after publishing the notice of the filing of [such] the petition, and of the place, time and date of [such] the meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board [shall be] is final and conclusive. If the petition is granted as to all or any of the real property [therein] described, the board shall make an order to that effect, and file [the same] it for record [as] in the manner provided in NRS 543.300.
5. After the date of its inclusion in [such district, such property shall be] the district, the property is subject to all of the taxes imposed by the district, and [shall be] is liable for its proportionate share of the existing general obligation bonded indebtedness of the district . [; but it shall not be] It is not liable for any taxes levied or assessed [prior to] before its inclusion in the district.
Sec. 27. NRS 543.720 is hereby amended to read as follows:
543.720 1. Whenever [any] the board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of [$1,000] $50,000 or more, the board shall order the submission of the proposition of issuing [such] the obligations or bonds or creating other indebtedness to the qualified taxpaying electors of the district at an election held for that purpose.
2. [Any such] The election may be held separately, or may be consolidated or held concurrently with any primary or general election.
3. The declaration of public interest or necessity required by this section and the provision for the holding of [such] the election may be included within [one and] the same resolution, which [resolution, in addition to such declaration of public interest or necessity, shall:] must:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, [as the case may be,] the amount of principal of the indebtedness to be incurred , [therefor,] and the maximum rate of interest to be paid on [such] the indebtedness.
κ1985 Statutes of Nevada, Page 1202 (CHAPTER 425, AB 169)κ
(b) Fix the date upon which [such election shall be held and] the election will be held, the manner of holding the [same] election and the method of voting for or against the incurring of the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election , [and shall] designate the polling place or places and [shall appoint, for each polling place from the electors of the district, three officers of such election,] appoint, from the taxpaying electors of the district, three officers of the election for each polling place, one of whom shall act as clerk.
Sec. 28. NRS 543.790 is hereby amended to read as follows:
543.790 Whenever a majority of the members of the board [of county commissioners of any such county deem] considers it to be in the best interests of the [county and of the district that any such district] district and the area served by the district that the district be dissolved, it shall so determine by [ordinance,] resolution, after there is first found and determined and recited in [such ordinance] the resolution that all outstanding indebtedness and bonds of all kinds of the district have been paid. The [county clerk shall thereupon certify a copy of the ordinance to the board of such district and] secretary of the board shall give notice by publication of:
1. The adoption of [such ordinance;] the resolution;
2. The determination of the board [of county commissioners] that the district should be dissolved; and
3. The time and place for hearing preliminary to the adoption of an ordinance on dissolution.
Sec. 28.5. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percentage
Churchill County..................................................................................... 3.23
City of North Las Vegas......................................................................... 46.52
City of Carlin............................................................................................ 2.72
Esmeralda County................................................................................... .20
Eureka County......................................................................................... .71
City of Winnemucca............................................................................... 5.56
City of Caliente........................................................................................ .46
City of Yerington..................................................................................... 4.77
Mineral County........................................................................................ 9.96
City of Gabbs........................................................................................... 4.31
Pershing County...................................................................................... 2.52 City of Lovelock 5.77
κ1985 Statutes of Nevada, Page 1203 (CHAPTER 425, AB 169)κ
City of Lovelock...................................................................................... 5.77
White Pine County.................................................................................. 5.37
City of Ely................................................................................................. 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district , [and] any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
4. For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.
Sec. 29. NRS 543.350 and 543.671 are hereby repealed.
Sec. 30. 1. In Clark County the board of county commissioners and the governing body of each city shall appoint its representatives to the committee for nomination of a chief engineer and general manager of the Clark County Regional Flood Control District within 60 days after the effective date of this act.
κ1985 Statutes of Nevada, Page 1204 (CHAPTER 425, AB 169)κ
of the Clark County Regional Flood Control District within 60 days after the effective date of this act.
2. The board of directors shall estimate the amount of money needed to support the district during the fiscal years beginning on and after July 1, 1987, by August 1, 1986. The board of county commissioners shall hold its hearings, decide upon the source of revenue for that support, and submit the chosen method of financing for the required approval at the primary election in 1986.
3. The tax or charge first imposed as the result of this selection must be made effective on July 1, 1987. For the fiscal year 1985-1986 there is hereby levied a tax ad valorem of 2 cents on each $100 of assessed valuation on all taxable property in the county for the support of the district.
Sec. 31. There is hereby created a committee of members of the legislature to oversee the effectuation of this act in Clark County. The legislative commission shall appoint to the committee a suitable number of the legislators elected from that county. The members of the committee shall lend their good offices to promote cooperation among the local governments involved, and shall report their observations to the 64th session of the legislature. The board of directors of the district comprising Clark County shall meet with the committee at least three times: on or before January 1, 1986, July 1, 1986, and January 1, 1987.
Sec. 32. 1. This act becomes effective upon passage and approval.
2. Section 31 of this act expires by limitation except for the required report, upon the adoption of the master plan in Clark County.
________
Senate Bill No. 208Committee on Judiciary
CHAPTER 426
AN ACT relating to notaries public; limiting their acts and powers; removing their designation as public officers; permitting resident aliens to be appointed as notaries; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 240 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Each person appointed as a notary public must be:
1. A citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the Immigration and Naturalization Service.
2. At least 18 years of age.
Sec. 3. The secretary of state may adopt regulations prescribing the procedure for the appointment of a notary public.
κ1985 Statutes of Nevada, Page 1205 (CHAPTER 426, SB 208)κ
Sec. 4. A notary public may not perform any act authorized by NRS 240.060 if he:
1. Executed or is named in the instrument acknowledged or sworn to;
2. Will receive directly from a transaction relating to the instrument any commission, fee, advantage, right, title, interest, property or other consideration in excess of the authorized fees; or
3. Is related to the person whose signature is to be acknowledged or sworn to as a spouse, sibling or lineal ancestor or descendant.
Sec. 5. A notary public may not:
1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by a notary public.
2. Certify an instrument containing a statement known by him to be false.
3. Perform any act as a notary public with intent to deceive or defraud.
4. Endorse or promote any product, service or offering if his appointment as a notary public is used in the endorsement or promotional statement.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 240.030 is hereby amended to read as follows:
240.030 1. Each notary public shall:
(a) [Before entering upon the duties of his office and at] At the time he receives his [commission,] certificate of appointment, pay to the secretary of state $35.
(b) Take [the official oath as prescribed by law, which oath must be endorsed on his commission.] and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.
(c) Enter into a bond to the State of Nevada in the sum of $10,000, to be approved by the clerk of the county in which the notary resides.
2. The bond, together with the oath , [of office,] must be filed and recorded in the office of the county clerk of the county in which the notary resides when he receives his [commission.] appointment. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the bond and oath have been filed and recorded. If, within 60 days after the appointment was made, the secretary of state does not receive certification that the bond and oath were filed, he shall revoke the appointment.
3. The secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary.
Sec. 8. NRS 240.040 is hereby amended to read as follows:
240.040 1. Each notary public shall authenticate all his [official] acts, including any acknowledgment, jurat, verification or other certificate, by setting forth the following:
(a) The venue;
(b) His signature; and
κ1985 Statutes of Nevada, Page 1206 (CHAPTER 426, SB 208)κ
(c) A statement imprinted in black ink with a rubber or other mechanical stamp setting forth his name, the phrase Notary Public, State of Nevada and the date on which his [commission] appointment expires.
2. After July 1, 1965, a notarial seal [shall no longer be] is not required on notarized documents . [, and all provisions or forms previously enacted in NRS or any other law of this state requiring the use of a notarial seal shall be construed to require, in place of the seal, the statement provided for in paragraph (c) of subsection 1.]
Sec. 9. NRS 240.060 is hereby amended to read as follows:
240.060 1. Each notary public [shall have power:
1. To administer] may:
(a) Administer oaths or affirmations [.
2. To demand acceptance and payment of foreign and domestic bills of exchange, and to protest the same for nonacceptance and nonpayment, and to exercise such other powers and duties as by the laws of nations, and according to commercial usages, or by the law of any state, territory or country, may be performed by notaries public.
3. To demand acceptance of inland bills of exchange, and payment thereof, and of promissory notes, and may protest the same for nonpayment, or nonacceptance, as the case may require.
4. To take and to certify to the acknowledgment or proof of powers of attorney, mortgages, deeds and other instruments of writing, the acknowledgment of any conveyance, or the instrument of writing executed by any married woman, or to give a certificate of such proof or acknowledgment, which certificate shall be endorsed on the deed or other instrument, or attached thereto.
5. To take depositions and to administer oaths and affirmations in all matters incident or belonging to the duties of his office, and to take affidavits to be used before any court, judge or officer in this state.] ;
(b) Take acknowledgments;
(c) Certify copies; and
(d) Execute jurats.
2. A notary public shall perform notarial acts in lawful transactions for a person who requests the act and tenders the appropriate fee.
Sec. 10. NRS 240.085 is hereby amended to read as follows:
240.085 1. Every notary public who is not an attorney licensed to practice law in this state and who advertises his services as a notary public in a language other than English by any form of communication, except a single plaque on his desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:
I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.
κ1985 Statutes of Nevada, Page 1207 (CHAPTER 426, SB 208)κ
2. If the secretary of state finds a notary public guilty of violating the provisions of subsection 1, he shall:
(a) Suspend the appointment of the notary public for not less than 1 year.
(b) Revoke the appointment of the notary public for a third or subsequent offense.
3. A notary public who is found guilty in a criminal prosecution of violating subsection 1 [may] shall be punished by a fine of not more than $2,000.
Sec. 11. NRS 240.100 is hereby amended to read as follows:
240.100 1. [Notaries] Except as provided in subsection 3, a notary public may charge the following fees and no more:
[For drawing and copying every protest for the nonpayment of a promissory note, or for the nonpayment or nonacceptance of a bill of exchange, draft or check .................................................................................................................... $2.00
For drawing and serving every notice of nonpayment of a promissory note, of the nonpayment or nonacceptance of a bill of exchange, order, draft or check .................................................................................................................... 1.00
For drawing an affidavit, deposition or other paper, for which provision is not made in this chapter, for each folio................................................................. $0.30]
For taking an acknowledgment , [or proof of a deed or other instrument, to include the seal and the writing of the certificate,] for the first signature.... $1.00
For each additional signature................................................. .50
For administering an oath or affirmation without a signature ............... .25
For [every certificate, to include writing it and the seal] a certified copy, each page.................................................................................................................... .50
For a jurat, for each signature on the affidavit....................................... 1.00
2. All fees prescribed in this section are payable in advance, if demanded.
3. A notary public may charge an additional fee for traveling to perform a notarial act if:
(a) He explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law; and
(b) The person requesting the notarial act agrees in advance upon the amount of the additional fee.
Sec. 12. NRS 240.110 is hereby amended to read as follows:
240.110 1. Every notary public shall publish and set up in some conspicuous place in his office a table of his fees, according to this chapter, for the inspection of all persons who have business in his office. The schedule must not be printed in smaller than ½-inch type.
κ1985 Statutes of Nevada, Page 1208 (CHAPTER 426, SB 208)κ
2. For each days failure to comply with the provisions of subsection 1, he shall forfeit a sum not exceeding $20 with costs, which may be recovered by any person by an action before any justice of the peace of the same county.
Sec. 13. NRS 240.140 is hereby amended to read as follows:
240.140 If any notary public [shall take] takes more or greater fees than are allowed in this chapter, he shall be [liable to indictment and on conviction shall be removed from office and fined in any sum not exceeding] fined not more than $1,000 [.] , and his appointment must be revoked.
Sec. 14. NRS 240.150 is hereby amended to read as follows:
240.150 For any misconduct or neglect in any of the cases in which any notary public appointed under the authority of this state, [is authorized to] may act, either by the law of this state, or of any state, territory or country, or by the law of nations, or by commercial usage, he [shall be] is liable on his official bond to the parties injured thereby, for all the damages sustained; and for any willful violation or neglect of duty, a notary public shall be [subject to criminal prosecution, and may be punished by a fine not exceeding] fined not more than $2,000, and [removal from office.] his appointment must be revoked.
Sec. 15. NRS 240.160 is hereby amended to read as follows:
240.160 The secretary of state may at any time, for cause, revoke the [commission] appointment of a notary public.
Sec. 16. NRS 7.030 is hereby amended to read as follows:
7.030 Every person, before receiving a license to practice law, shall:
1. Take, before [some officer] a person authorized by the laws of this state to administer oaths, the oath prescribed by rule of the supreme court.
2. Pay to the clerk of the supreme court the sum of $25. The clerk of the supreme court shall remit the fees to the state treasurer as provided by subsection 7 of NRS 2.250. The [moneys] money so received by the state treasurer [shall] must be placed in the state general fund.
Sec. 17. NRS 52.325 is hereby amended to read as follows:
52.325 1. A custodian of medical records sufficiently complies with a subpena calling for the production of medical records in his custody if he delivers, at or before the time set for the return of the subpena, either personally or by mail, to the clerk of the court issuing the subpena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.
2. The copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
κ1985 Statutes of Nevada, Page 1209 (CHAPTER 426, SB 208)κ
diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.
3. If the court quashes or suppresses a subpena for medical records, it may order the subpenaed record to be returned to the submitting custodian.
4. The affidavit required by subsection 2 must be substantially in the following form:
CERTIFICATE OF CUSTODIAN OF MEDICAL RECORDS
State of Nevada
County of...........................................
}ss.
NOW COMES ...................................................., who after first being duly sworn deposes and says:
1. That the deponent is the ............... of the ............... and in such capacity is the custodian of the medical records of the office or institution.
2. That on the .......... day of ..............., 19......., the deponent was served with a subpena in connection with the above entitled cause, calling for the production of medical records pertaining to ...............................................................................
..........................................................................................................................................................................................................................
..........................................................................................................................................................................................................................
3. That the deponent has examined the original of those medical records and has made a true and exact copy of them and that the reproduction of them attached hereto is true and complete.
4. That the original of those medical records was made at or near the time of the acts, events, conditions, opinions or diagnoses recited therein by or from information transmitted by a person with knowledge in the course of a regularly conducted activity of the deponent or the office or institution in which the deponent is engaged.
.....................................................
Subscribed and sworn to before me, a Notary Public, on this .......... day of ..............., 19 ......
..............................................
Notary Public .............. County, Nevada
My [commission] appointment expires:
................................
Sec. 18. NRS 111.265 is hereby amended to read as follows:
111.265 1. The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this state, [shall] must be taken by [some] one of the following [officers:] persons:
(a) [By a] A judge or a clerk of a court having a seal.
(b) [By a] A notary public.
(c) [By a] A justice of the peace.
2. When the acknowledgment is taken before a justice of the peace in any other county than that in which the real property is situated, the [same shall] acknowledgment must be accompanied with the certificate of the clerk of the district court of the county, as to the official character of the justice of the peace taking the proof or acknowledgment, and the authenticity of his signature.
κ1985 Statutes of Nevada, Page 1210 (CHAPTER 426, SB 208)κ
in any other county than that in which the real property is situated, the [same shall] acknowledgment must be accompanied with the certificate of the clerk of the district court of the county, as to the official character of the justice of the peace taking the proof or acknowledgment, and the authenticity of his signature.
Sec. 19. NRS 111.270 is hereby amended to read as follows:
111.270 1. A certificate, when made for an acknowledgment by [an individual,] a person, corporation or partnership, [shall] must be in substantially the following form:
State of Nevada
County of...........................................
}ss.
On ............................................................... personally appeared before me, a notary public (or judge or other [officer,]
(date)
authorized person, as the case may be), ......................, who acknowledged that he executed the above instrument.
.......................................................
Signature
2. Any acknowledgment made [prior to] before July 1, 1967, which is in a form substantially the same as that contained in subsection 1, is a valid acknowledgment.
Sec. 20. NRS 111.280 is hereby amended to read as follows:
111.280 A certificate, when made for an acknowledgment by an attorney in fact, [shall] must be in substantially the following form:
State of Nevada
County of...........................................
}ss.
On this .......... day of ..............., A.D. .........., personally appeared before me, a notary public (or judge or other [officer,] authorized person, as the case may be), in and for ............... County, A.B., known (or proved) to me to be the person whose name is subscribed to the within instrument as the attorney in fact of ..............., and acknowledged to me that he subscribed the name of ............... thereto as principal, and his own name as attorney in fact, freely and voluntarily and for the uses and purposes therein mentioned.
Sec. 21. NRS 111.285 is hereby amended to read as follows:
111.285 When the grantor is unknown to the court or officer taking the acknowledgment, the certificate [shall] must be in the following form:
State of Nevada
County of...........................................
}ss.
On this .......... day of ..............., A.D. .........., personally appeared before me, a notary public (or judge or other [officer] authorized person, as the case may be), in and for ...............
κ1985 Statutes of Nevada, Page 1211 (CHAPTER 426, SB 208)κ
before me, a notary public (or judge or other [officer] authorized person, as the case may be), in and for ...............County, A.B., satisfactorily proved to me to be the person described in and who executed the within conveyance, by the oath of C.D., a competent and credible witness, for that purpose by me duly sworn, and he, A.B., acknowledged that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.
Sec. 22. NRS 122.040 is hereby amended to read as follows:
122.040 1. Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the state. Licenses may be obtained at the county seat.
2. Before issuing a marriage license, the county clerk may require evidence that the applicant for the license is of age. The county clerk shall accept a statement under oath by the applicant and the applicants parent, if available, that the applicant is of age.
3. The county clerk issuing the license shall require the applicant to answer under oath each of the questions contained in the form of license, and, if the applicant cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license. If any of the information required is unknown to the person responding to the question, he must state that the answer is unknown.
4. If any of the persons intending to marry is under age and has not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge it; or
(c) In writing, subscribed to and duly acknowledged before [an officer] a person authorized by law to administer oaths.
5. If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to him in writing.
6. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit [such] an inspection is guilty of a misdemeanor.
Sec. 23. NRS 127.055 is hereby amended to read as follows:
127.055 1. Any or all of the attesting witnesses to any consent to adoption may, at the request of the person or persons who executed the [same,] consent, make and sign an affidavit before any [officer] person authorized to administer oaths in this state, stating such facts as they would be required to testify to in court to prove the due execution of the consent to adoption.
κ1985 Statutes of Nevada, Page 1212 (CHAPTER 426, SB 208)κ
consent to adoption. The affidavit [shall] must be written on the consent to adoption, or, if that is impracticable, on some paper attached thereto. The sworn statement of any [such] witness so taken [shall] must be accepted by the court in any action or proceeding relating to the validity or due execution of the consent to adoption as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in the following form:
State of Nevada
County of...........................................
}ss.
(Date)............................................
Then and there personally appeared the within-named ......................... and ........................., who, being duly sworn, depose and say: That they witnessed the execution of the within consent to adoption by ......................... (name of person or persons consenting); that she (he or they) subscribed the consent to adoption and declared the same to be a voluntary consent to adoption in their presence; that at the time the consent to adoption was executed it contained the names of the person or persons to whom consent was thereby given to adopt the child; that they thereafter subscribed the same as witnesses in the presence of .........................(name of person or persons consenting and in the presence of each other and at the request of ......................... (name of person or persons consenting); that at the time of the execution of the consent to adoption ......................... (name of person or persons consenting) acknowledged to them that she (he or they) was (were), and she (he or they) appeared to them to be, in full possession of her (his or their) faculties and not under the influence of any drug or sedative or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at her (his or their) request.
.......................................................
.......................................................
Subscribed and sworn to before me
this .......... day of ..............., 19 ......
............................................................... [(Seal)]
Notary Public
Sec. 24. NRS 133.050 is hereby amended to read as follows:
133.050 1. Any or all of the attesting witnesses to any will may, at the request of the testator, make and sign an affidavit before any [officer] person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit [shall] must be written on the will, or, if that [be] is impracticable, on some paper attached thereto. The sworn statement of any [such] witness so taken [shall] must be accepted by the court of probate as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in form as follows:
κ1985 Statutes of Nevada, Page 1213 (CHAPTER 426, SB 208)κ
form as follows:
State of Nevada
County of...........................................
}ss.
(Date)............................................
Then and there personally appeared the within-named ......................... and ........................., who, being duly sworn, depose and say: That they witnessed the execution of the within will of the within-named testator, .........................; that the testator subscribed the will and declared the same to be his last will and testament in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other and at the request of the testator; that the testator at the time of the execution of the will appeared to them to be of full age and of sound mind and memory, and that they make this affidavit at the request of the testator.
.......................................................
.......................................................
Subscribed and sworn to before me
this .......... day of ..............., 19 ......
............................................................... [(Seal)]
Notary Public
Sec. 25. NRS 136.160 is hereby amended to read as follows:
136.160 1. Any or all of the attesting witnesses to any will may, after the decease of the testator and at the request of the executor or any person interested under the will, make and sign an affidavit before any [officer] person authorized to administer oaths in or out of the state, stating such facts as they would be required to testify to in court to prove the will. The affidavit [shall] must be written on the will, or, if that be impracticable, on some paper attached thereto. The sworn statement of any [such] witness so taken [shall] must be accepted by the court of probate as if it had been taken before the court.
2. The affidavit described in subsection 1 may be substantially in form as set forth in NRS 133.050.
Sec. 26. NRS 142.010 is hereby amended to read as follows:
142.010 1. Before letters testamentary or letters of administration may be issued to the executor or administrator he shall take and subscribe an oath or affirmation, before [an officer] a person authorized to administer oaths, that he will perform according to law the duties of executor or administrator. The oath [shall] must be filed and recorded by the clerk.
2. The oath of a corporation appointed as executor or administrator may be taken and subscribed by its president or vice president, trust officer, or secretary or treasurer, upon its behalf, and the oath of a banking corporation may be taken and subscribed by any of the above-named officers, or by its cashier, trust officer, assistant trust officer, manager, branch manager or other [duly] authorized officer.
κ1985 Statutes of Nevada, Page 1214 (CHAPTER 426, SB 208)κ
Sec. 27. NRS 142.040 is hereby amended to read as follows:
142.040 1. In all cases when bonds are required by this Title, the sureties must justify on oath before the judge or clerk of a court having a seal, or before a notary public, or a justice of the peace of the county, to the effect that they are householders, or freeholders, within this state, and worth the amount for which they become surety, over and above all just debts and liabilities, exclusive of property exempt from execution . [, and such] The justification must be signed by the sureties and certified by the [officer taking the same,] person taking the justification, and endorsed on or attached to and filed with the bond.
2. Upon filing, the clerk shall enter in the register of actions the date and amount of the bond and the name or names of the surety or sureties thereon. In the event of the loss of the bond, the entry so made [shall be] is prima facie evidence of the due execution of the bond as required by law.
3. When the whole penal sum of the bond exceeds $2,000 sureties may go thereon for any sum not less than $500, so that the whole be equal to two sufficient sureties for the whole penal sum.
Sec. 28. NRS 144.030 is hereby amended to read as follows:
144.030 1. Before proceeding to the execution of his duty, each appraiser shall take and subscribe an oath, before any [officer] person authorized to administer oaths, that he will truly, honestly and impartially appraise the property which is exhibited to him or called to his attention according to the best of his knowledge and ability. The oath [shall] must be attached to the inventory.
2. He shall then proceed to appraise the property of the estate. Each article or parcel [shall] must be set down separately with the value thereof in dollars and cents in figures opposite to each article or parcel, respectively.
3. Any appraiser who directly or indirectly purchases any property of an estate which he has appraised, without full disclosure to and approval by the court, is guilty of a misdemeanor. A sale made in violation of the provisions of this subsection is void.
Sec. 29. NRS 147.070 is hereby amended to read as follows:
147.070 1. Every claim for an amount of $250 or more filed with the clerk must be supported by the affidavit of the claimant that:
(a) The amount is justly due (or if the claim is not yet due, that the amount is a just demand and will be due on the ........ day of ............).
(b) No payments have been made thereon which are not credited.
(c) There are no offsets to the amount demanded to the knowledge of the claimant or other affiant.
2. Every claim filed with the clerk must contain the mailing address of the claimant. Any written notice mailed by an executor or administrator to the claimant at the address furnished is proper notice.
κ1985 Statutes of Nevada, Page 1215 (CHAPTER 426, SB 208)κ
3. When the affidavit is made by any other person than the claimant, the reasons why it is not made by the claimant must be set forth in the affidavit.
4. The oath may be taken before any [officer] person authorized to administer oaths.
5. The amount of interest must be computed and included in the statement of the claim and the rate of interest determined.
6. The court may, in its discretion, for good cause shown, allow a defective claim or affidavit to be corrected or amended on application made at any time before the filing of the final account.
Sec. 30. NRS 152.050 is hereby amended to read as follows:
152.050 1. When the property to be partitioned is entirely personal property, the court or judge shall appoint three competent, disinterested persons as commissioners for that purpose, who shall be [duly] sworn by any [officer] person authorized to administer oaths to faithfully and impartially discharge their duties.
2. A certified copy of the order appointing them, attached to a certified copy of the decree fixing the shares to which the respective parties are entitled [shall] must be given to them as their warrant, and their oath must be endorsed thereon.
3. When the property to be divided is real property, or partly real and partly personal, one of the three commissioners [shall] must be a practical surveyor.
4. Upon consent of the parties, and when the court [shall deem] considers it proper and just, the court may appoint one commissioner only, who [shall have] has the same authority and [be] is governed by the same rules as if three were appointed.
Sec. 31. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers must be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) Other officers whose elections are provided for by law.
(n) For each county, and the equivalent officers for Carson City:
(1) One county clerk, who is ex officio clerk of the board of county commissioners and clerk of the district court of his county.
κ1985 Statutes of Nevada, Page 1216 (CHAPTER 426, SB 208)κ
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor, except where otherwise provided by law.
(6) One county treasurer, except where otherwise provided by law.
(7) The number of county commissioners as provided by law.
(8) One county recorder, who is ex officio county auditor in counties in which a county comptroller has not been appointed.
(9) Justices of the peace.
(10) Constables, except where otherwise provided by law.
2. The following officers must be appointed:
(a) [Notaries public.
(b)] Commissioners of deeds for the respective states and territories of the United States and foreign countries.
[(c)] (b) All officers who are not elected.
Sec. 32. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, unless the context otherwise requires:
1. Business entity means any proprietorship, partnership, corporation or other business enterprise doing business in the State of Nevada.
2. Commission means the executive ethics commission or the legislative ethics commission.
3. The making of a decision is the exercise of governmental power to adopt laws, regulations or standards, render quasi-judicial decisions, establish executive policy or determine questions involving substantial discretion. The term does not include the functions of the judiciary.
4. Financial interest means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested persons household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.
5. Gross income means the total amount of income which is received from any source by the interested person.
6. Household means an association of persons who live in the same home or dwelling, sharing its expenses, and who are related by blood, adoption or marriage.
7. Legislative function means introducing or voting upon any ordinance or resolution, or voting upon:
(a) The appropriation of public money;
(b) The issuance of a license or permit; or
(c) Any proposed subdivision of land or special exception or variance from zoning regulations.
κ1985 Statutes of Nevada, Page 1217 (CHAPTER 426, SB 208)κ
8. Member of the executive branch means any public officer who is not a member of the legislative branch.
9. Member of the legislative branch means any member of the legislature or any member of a board of county commissioners or governing body of an incorporated city or other political subdivision who performs a legislative function.
10. Public employee means any person who performs public duties under the direction and control of a public officer for compensation paid by the state, a county or an incorporated city.
11. Public officer means a person elected or appointed to a position which is established by the constitution of the State of Nevada, a statute of this state or an ordinance of any of its counties or incorporated cities and which involves the exercise of a public power, trust or duty, except:
(a) Any justice, judge or other officer of the court system;
(b) A [notary public or] commissioner of deeds; and
(c) Any member of a board, commission or other body whose function is advisory.
Sec. 33. NRS 282.140 is hereby amended to read as follows:
282.140 In all cases where official bonds are required from county or township officers, the officer [or officers] whose duty it is to approve such bonds shall not accept or approve any [such] bonds unless the sureties thereon severally justify before [an officer] a person authorized to administer oaths, as follows:
1. On a bond given by a county officer, that he is a resident and freeholder or householder within [such] that county.
2. That he is worth the amount for which he becomes surety over and above all his debts and liabilities in property situated within this state which is not exempt from sale or execution.
Sec. 34. NRS 282.170 is hereby amended to read as follows:
282.170 1. The state treasurer and every district, county, township and city officer within the State of Nevada, who is required by law to give an official bond, may have a surety company, which has complied with all the laws of this state relating to surety companies, execute such bond [, pursuant to law,] for the faithful performance of the duties of [such] his office.
2. The premium for any [such] surety bond [shall] must be paid for by the state, if the bond is required for the state treasurer, or by the district, county or city, as the bond may be required, or by the county if the bond is required of a township officer, out of any [moneys] money in their respective treasuries not otherwise appropriated by law subject to the [limitations:
(a) That] limitation that no premium or charge on the bond of the state treasurer [shall] may exceed one-half of 1 percent per annum on the amount of [such bond; and
(b) That this section shall not apply to notaries public.] the bond.
3. Whenever any of the officials mentioned in this section tenders bonds of any surety company for approval to the governor, to the district judge, to the board of county commissioners of their respective counties, or to any official board or person required by law to approve such bonds, [such] the board or person shall accept such bonds if they are found good and sufficient.
κ1985 Statutes of Nevada, Page 1218 (CHAPTER 426, SB 208)κ
bonds of any surety company for approval to the governor, to the district judge, to the board of county commissioners of their respective counties, or to any official board or person required by law to approve such bonds, [such] the board or person shall accept such bonds if they are found good and sufficient.
Sec. 35. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not earlier than January 1 of the year in which the election is to be held nor later than 5 p.m. of the 1st Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section must be in substantially the following form:
Declaration of Candidacy of ............... for the
Office of ..............................
State of Nevada
County of.........................................
}ss.
For the purpose of having my name placed on the official primary ballot as a candidate for the ............................. Party nomination for the office of ............................, I the undersigned ........................................., do swear (or affirm) that I reside at No. ............................, ............................ Street, in the City (or Town) of ............................, County of ............................, State of Nevada; that I am a registered voter of the election precinct in which I reside; that my actual, as distinguished from constructive, residence therein began on a date 30 days or more prior to the date of close of filing of declarations of candidacy for this office; that I am registered as a member of the ...................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since September 1 prior to the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the ................. Party at the ensuring election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto; and my name shall appear on all ballots as here designated.
.....................................................................
(Designation of name)
.....................................................................
(Signature of candidate for office) Subscribed and sworn to before
κ1985 Statutes of Nevada, Page 1219 (CHAPTER 426, SB 208)κ
Subscribed and sworn to before
me this .......... day of ..............., 19 ......
...................................................................................
Notary Public (or other [officer] person
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections must not be shown on the declaration of candidacy.
Sec. 36. NRS 306.015 is hereby amended to read as follows:
306.015 1. Whenever a petition for the purpose of recalling any public officer is to be circulated, the persons proposing to circulate the petition shall file a notice of intent with the officer with whom the petition for nomination to [such] the office is required by law to be filed.
2. The notice of intent [shall] must be:
(a) Signed by three registered voters who actually voted in the state or in the county, district or municipality electing [such] the officer at the last preceding general election.
(b) Verified before [an officer] a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.
(c) Valid for a period of 60 days.
3. The petition for the purpose of recalling any public officer expires if it is not filed with the proper officer on or before the expiration of the notice of intent. Copies of an expired petition are not valid for any subsequent petition.
Sec. 37. NRS 306.030 is hereby amended to read as follows:
306.030 1. The petition may consist of any number of copies which are identical in form with the original, except for the signatures and [residence addresses] addresses of the residences of the signers. The [signature] pages of the petition with the signatures and of any copy [shall] must be consecutively numbered.
2. Every copy [shall] must be verified by at least one of the signers thereof, who shall swear or affirm, before [an officer] a person authorized by law to administer oaths, that the statements and signatures contained in the petition are true. The verification [shall] must also contain a statement of the number of signatures being verified by the signer.
Sec. 38. NRS 321.180 is hereby amended to read as follows:
321.180 1. Upon the application of any citizen of the United States or any person who has legally declared his intention to become a citizen of the Unites States, over the age of 21 years, including females, to purchase lands not previously selected by the state, the applicant shall deposit with the state land registrar the amount necessary to purchase the lands, together with an affidavit in due form, by the applicant or some other competent person, made before an officer having an official seal and legally authorized to administer oaths [,] or a notary public, that the lands described in the application are nonmineral in character.
κ1985 Statutes of Nevada, Page 1220 (CHAPTER 426, SB 208)κ
or some other competent person, made before an officer having an official seal and legally authorized to administer oaths [,] or a notary public, that the lands described in the application are nonmineral in character. The affidavit [shall] must not refer to any lands not included in the application.
2. The state land registrar shall endorse upon each application the exact time of its receipt in his office, and shall certify to the state controller that the applicant is entitled to apply for the lands, describing the [same] lands as they are described in the application. The certificate [shall] must state the grant of lands under which the application is made and the amount necessary to purchase [the same.] them. The state controller shall thereupon issue his order directing the state treasurer to receive [such] that amount, placing the [same] money in the proper fund. The state land registrar shall at the same time certify to the state treasurer the payment, which certificate [shall] must be accompanied by the application and the amount necessary to purchase . [; and, upon] Upon receipt of the order from the state controller, the state treasurer shall issue his receipt in duplicate, describing the lands applied for, and he shall, at the same time, enter in his abstract of applications the name of the person so applying, a description of the land, the number and date of receipt, and the amount paid thereon.
3. Upon return of the application with the state treasurers receipt to the state land office, the state land registrar shall file [the same,] it and take prompt measures at the proper office of the Bureau of Land Management to select for the state the lands described in the application. If, during a period of 60 days after the filing of any application, the state land registrar [shall remain] is unable to select any of the lands [therein described,] described in the application, on account of conflicting entries or reservations in the office of the Bureau of Land Management, he shall cancel the application, so far as it concerns the unselectable lands , [therein described,] and at once certify to the state controller and state treasurer that the applicant is entitled to the amount paid by him on [such] the unselectable lands. The state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the [same shall] warrant must be paid by the state treasurer. The state land registrar shall, at the same time, notify the applicant of the cancellation and that the amount deposited thereon is subject to withdrawal , [as provided by law,] and no subsequent application for lands embraced in [such] the canceled application [shall] will be certified by the state land registrar until [due] official notice [shall have] has been received from the intending applicant that the lands in question are subject to selection.
4. Whenever purchase can be completed, in whole or in part, upon lands applied for, [as provided in this section,] the state land registrar shall certify the [same] purchase to the state controller and the state treasurer, and shall at once proceed to complete the sale. Should the state controller, upon receipt of the certificate, find that any payment has been wrongfully apportioned, he shall issue his order directing the state treasurer to transfer [such] that amount to its proper fund.
κ1985 Statutes of Nevada, Page 1221 (CHAPTER 426, SB 208)κ
state treasurer to transfer [such] that amount to its proper fund. If, by reason of the nonapproval of the lands to the state, or other cause, the contemplated sale cannot be completed, in whole or in part, then, upon the demand of the applicant or his legal agent or assignee, the state land registrar shall certify to the state controller and the state treasurer that the applicant is entitled to the amount paid by him, and the state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the [same] warrant shall be paid by the state treasurer.
Sec. 39. NRS 362.050 is hereby amended to read as follows:
362.050 The affidavit of labor required by NRS 362.020 to 362.090, inclusive, must describe particularly the work performed, upon what portion of the mine, and when and by whom done, and may be substantially in the following form:
State of Nevada
County of.........................................
}ss.
....................................................., being duly sworn, deposes and says: That development work worth at least $100 was performed upon the ......................... patented mine, situated in the ......................... Mining District, County of ........................., State of Nevada, during the federal mining assessment work period ending within the year 19......... The work was done at the expense of ................................................, the owner (or one of the owners) of the patented mine, for the purpose of relieving the same from the tax assessment. It was performed by ........................., at about ............ feet in a ............ direction from the monument of location, and was done between the ........ day of ............, 19......, and the ............ day of ............, 19......, and consisted of the following work:
..........................................................................................................................................................................................................................
..........................................................................................................................................................................................................................
.......................................................
(Signature)
Subscribed and sworn to before me
this .......... day of ..............., 19 ......
...........................................................
Notary Public (or other [officer] person
authorized to administer oaths)
Sec. 40. NRS 412.164 is hereby amended to read as follows:
412.164 1. No person may be appointed or promoted as a commissioned officer of the Nevada National Guard unless he has passed such examination as to his physical, moral and professional qualifications as may be prescribed by applicable federal laws and regulations and department regulations.
2. No person may be recognized as a commissioned officer of the Nevada National Guard and no appointment as such may become effective until he has taken and subscribed to the oath of office prescribed in NRS 412.166.
κ1985 Statutes of Nevada, Page 1222 (CHAPTER 426, SB 208)κ
Nevada National Guard and no appointment as such may become effective until he has taken and subscribed to the oath of office prescribed in NRS 412.166. [Such] The oath may be administered and certified by any commissioned officer of the Nevada National Guard, or other [officer] person authorized to administer oaths under the laws of the State of Nevada, and no charge [shall] may be made for [such acts.] that act.
Sec. 41. NRS 539.140 is hereby amended to read as follows:
539.140 1. The registration oath may be taken before the registrar or deputy registrars, any member of an election board, or any [officer] person authorized by law to administer oaths.
2. All oaths taken before the election board [shall] must be preserved by the election board and returned with the ballots.
Sec. 42. NRS 539.165 is hereby amended to read as follows:
539.165 The petition [shall] may consist of any number of copies thereof, identical in form with the original, except for the signatures and [residence addresses] addresses of the residences of the signers. Every copy [shall] must be verified by at least one of the signers thereof, who shall make oath, before any [officer] person authorized by law to administer oaths, that the statements and signatures contained in the petition are true.
Sec. 43. NRS 541.110 is hereby amended to read as follows:
541.110 1. Each director before entering upon his official duties shall take and subscribe to an oath, before [an officer] a person authorized to administer oaths, that he will support the constitutions of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.
2. Upon taking oath, the board shall choose one of their number chairman of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which [shall] must be open to inspection of all owners of property in the district, as well as to all other interested persons.
3. Each member of the board [shall] is entitled to receive as compensation for his service such sum as shall be ordered by the board, not in excess of the sum of $25 per diem for any meeting of the board, and necessary traveling expenses actually expended while engaged in the performance of his duties.
Sec. 44. NRS 707.210 is hereby amended to read as follows:
707.210 Except as otherwise provided in this chapter, any instrument in writing, [duly] certified under his hand and [official] stamp or seal by a notary public, commissioner of deeds, or clerk of a court of record to be genuine within [the personal knowledge of such officer,] his knowledge may, [together with such] with the certificate, be sent by telegraph, and the telegraphic copy [thereof shall, prima facie, only have the same force, effect and validity, in all respects whatsoever,] has, prima facie, the same effect as the original, and the burden of proof [shall rest] rests with the person denying the genuineness or due execution of the original.
κ1985 Statutes of Nevada, Page 1223 (CHAPTER 426, SB 208)κ
has, prima facie, the same effect as the original, and the burden of proof [shall rest] rests with the person denying the genuineness or due execution of the original.
Sec. 45. NRS 707.280 is hereby amended to read as follows:
707.280 1. Any person [or persons, company, association or corporation, or their] or his assigns, who are constructing, or who have already constructed, or who may propose to construct, a line of telegraph, as provided in NRS 707.230 to 707.290, inclusive [shall have] has the right of way for the [same] line and so much land as may be necessary to construct and maintain [such] the line, and for this purpose may enter upon private lands along the line described in the certificate for the purpose of examining and surveying [the same.] them.
2. Where [such] the lands cannot be obtained by the consent of the owner [or owners, possessor or possessors] or possessor thereof, so much of the [same] land as may be necessary for the construction of the line may be appropriated by the person [or persons, company, association or corporation, or their] or his assigns (as the case may be), after making compensation therefor, as follows. The person [or persons, company, association, corporation or the president or managing agent thereof,] or his agent shall select one appraiser, and the owner [or owners possessor or possessors,] or possessor shall select one, and the two so selected shall select a third. The three shall appraise the lands sought to be appropriated, after having been first sworn, before [some officer] a person authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief.
3. If [such person or persons, company, association, corporation or their agents shall tender to such owner or owners, possessor or possessors,] the person or his agent tenders to the owner or possessor the appraised value of [such] the lands, appraised as provided in subsection 2, he [, they, or the agent, officers or employees of such company, association or corporation shall be entitled to] may proceed in the construction, or, if constructed, in the use of the line over the land so appraised, and may maintain the line over and upon the land, and at all times enter upon the [same] land and pass over all adjoining lands for the purpose of constructing, maintaining and repairing the telegraph line, not withstanding [such] the tender may be refused. [Such tender shall] The tender must always be kept good by [such person, or persons, company, association, corporation or their agents.] the person or his agent.
4. An appeal may be taken by either party, from the finding of the appraisers, to the district court of the county within which the land so appraised [shall be] is situated at any time within 3 months after [such] the appraisement.
Sec. 46. NRS 240.070 is hereby repealed.
Sec. 47. The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, appropriately correct any reference to a notary public as an officer of this state.
κ1985 Statutes of Nevada, Page 1224 (CHAPTER 426, SB 208)κ
Sec. 48. This act becomes effective upon passage and approval.
________
Assembly Bill No. 719Committee on Judiciary
CHAPTER 427
AN ACT relating to the clerk of the supreme court; authorizing the appointment of additional deputy clerks; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.230 is hereby amended to read as follows:
2.230 [1.] The clerk of the supreme court [shall have the power,] may, under his hand and seal, [to appoint one deputy] appoint deputies in his office. [The] A deputy so appointed may, during the absence or inability of the clerk of the supreme court, perform all of the duties of a ministerial nature requisite and pertaining to the office.
[2. The clerk may, under his hand and seal, deputize one of his clerical assistants to perform all duties of a ministerial nature pertaining to his office when both he and his regular deputy are absent or unable to perform such duties.]
________
Assembly Bill No. 680Committee on Health and Welfare
CHAPTER 428
AN ACT relating to professional engineering; authorizing additional examinations in areas of specialty; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625.200 is hereby amended to read as follows:
625.200 1. The written examinations for registration as a professional engineer [shall] must consist of a 2-day test , [(] four 4-hour periods , [)] divided into two parts:
(a) Part 1 [shall] must cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.
(b) Part 2 [shall] must cover that branch of engineering in which the applicant is engaged as indicated by his [experience record,] record of experience and to which he has applied for registration.
Where possible, the usually recognized branches of engineering [shall] must be considered in the preparation of the examination.
κ1985 Statutes of Nevada, Page 1225 (CHAPTER 428, AB 680)κ
must be considered in the preparation of the examination. The board may conform the nature and extent of the examination to the particular qualifications of the applicant.
2. The board may require additional written examinations for registration in specialized areas of practice within one or more recognized branches of engineering.
3. The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.
[3.] 4. Oral examinations [shall] must be given in the manner prescribed by the board.
[4.] 5. To qualify for registration, the applicant must receive a grade of not less than 70 percent on his examination.
________
Senate Bill No. 398Committee on Finance
CHAPTER 429
AN ACT relating to the state library; making appropriations for the repair of the State Library Building and for the planning of a new building to house the state library; directing the state public works board to carry out these projects; authorizing the board to accept grants for the planning of the new building; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state public works board:
1. The sum of $357,500 for the repair of the State Library Building.
2. The sum of $37,050 for the planning of a new building to house the state library.
Sec. 2. The state public works board shall carry out the project of repairing the State Library Building as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work.
Sec. 3. The state public works board may use any grant of money it receives for the planning of a new building to house the state library, not to exceed $27,950.
Sec. 4. Any money from the appropriations made pursuant to section 1 of this act remaining after the completion of those projects reverts to the state general fund.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1226κ
Assembly Bill No. 480Committee on Judiciary
CHAPTER 430
AN ACT relating to driving while intoxicated; establishing requirements for evidentiary tests of a persons breath which are given to determine the percentage by weight of alcohol in his blood; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, for the purposes of NRS 484.384 and 484.385, an evidentiary test of breath to determine the percentage of alcohol in a persons blood may be used to establish that percentage only if two consecutive samples of the persons breath are taken.
2. If the person willfully fails to provide the second such consecutive sample, the results of the first test may be used alone as evidence of the percentage of alcohol in the persons blood. If for some other reason a second sample is not obtained, the results of the first test may be used with all other evidence presented to establish the percentage.
3. A willful failure to provide a second consecutive sample is a failure to submit to a required evidentiary test.
________
Assembly Bill No. 665Committee on Economic Development and Tourism
CHAPTER 431
AN ACT making an appropriation to the University of Nevada System for the establishment and operation of centers for the development of small businesses; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the Board of Regents of the University of Nevada System the sum of $113,500 for the establishment and operation of centers for the development of small businesses throughout the state.
________
κ1985 Statutes of Nevada, Page 1227κ
Senate Bill No. 286Committee on Commerce and Labor
CHAPTER 432
AN ACT relating to health insurance; requiring insurers to adopt measures for the reduction and control of the cost of health care; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 687B is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. An insurer shall include provisions in a policy of health insurance encouraging the insureds use, if medically appropriate, of services and facilities that are the most efficient or that tend to control or reduce the cost of health care. Any policy or other form filed with the commissioner pursuant to NRS 687B.120 must specifically indicate which provisions satisfy the requirements of this section.
Sec. 3. The commissioner shall not approve any proposed policy of health insurance unless he determines that the insurer has adopted and is using three or more practices in administering benefits that control or reduce the cost of health care.
________
Assembly Bill No. 417Committee on Ways and Means
CHAPTER 433
AN ACT making an appropriation to the division of state parks of the department of conservation and natural resources for capital improvements; authorizing the division to borrow money from this appropriation for other purposes; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $2,683,955 for capital improvements of parks and recreational areas in accordance with this section. The permissible expenditures and corresponding appropriations are:
Permissible
Expenditure Appropriation
1. Berlin-Ichthyosaur State Park........................... $156,026 $136,154
2. Cathedral Gorge.................................................. 49,331 42,233
3. Cave Lake State Recreation Area..................... 327,401 284,628 4.
κ1985 Statutes of Nevada, Page 1228 (CHAPTER 433, AB 417)κ
4. Floyd Lamb State Park....................................... 600,754 535,545
5. Kershaw Ryan State Park.................................. 7,500 7,500
6. Lahontan State Recreation Area...................... 273,664 238,119
7. Lake Tahoe State Park........................................ 222,950 194,005
8. Spring Mountain Ranch.................................... 72,180 62,818
9. Spring Valley State Park..................................... 192,660 167,591
10. Valley of Fire State Park................................... 355,456 330,758
11. Washoe Lake State Park.................................. 409,182 355,710
12. Wildhorse State Recreation Area................... 81,359 70,861
Sec. 2. The $258,033 which is appropriated but no assigned to a specific park or recreational area by section 1 of this act may be used for any of the parks or recreational areas within the limits of the permissible expenditures. If a permissible expenditure is not sufficient to allow the completion of a project, the interim finance committee, upon request by the division, may increase the permissible expenditure for the project and correspondingly reduce the permissible expenditure for one or more other projects.
Sec. 3. The division of state parks of the department of conservation and natural resources may temporarily borrow a portion of the appropriation made by section 1 of this act to provide money for use in accordance with the divisions budget for planning and development. Any such money borrowed before or during the fiscal year 1985-86 must be repaid no later than June 30, 1986. Any such money borrowed during the fiscal year 1986-87 must be repaid no later than June 30, 1987.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 469Committee on Ways and Means
CHAPTER 434
AN ACT making an appropriation to the University of Nevada System for the improvement of systems for data processing and the purchase of special equipment; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the University of Nevada System the sum of $12,640,926 to be used as follows:
For improving and expanding systems for data processing....... $2,150,000
For the purchase of special equipment........................................... 10,490,926
κ1985 Statutes of Nevada, Page 1229 (CHAPTER 434, AB 469)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 517Committee on Judiciary
CHAPTER 435
AN ACT relating to writs of habeas corpus; clarifying the procedure for applying for a writ of habeas corpus; and providing other matters properly relating thereto.
[Approved June 2, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 34 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12.5, inclusive, of this act.
Sec. 2. 1. A petition for a writ of habeas corpus requesting relief from a judgment of conviction or sentence in a criminal case must be verified and must be filed with the clerk of the district court in which the petitioner is in actual custody or with the clerk of the supreme court. Before filing the petition, the clerk of a district court shall determine by the contents of the petition whether the petitioner is in actual custody in that judicial district.
2. The petition must name as respondent and be served by mail upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail upon the attorney general and the district attorney in the county in which the petitioner was convicted.
3. No hearing upon the petition may be set until the requirements of sections 3 to 6, inclusive, of this act are satisfied.
Sec. 3. 1. The original petition must be presented promptly to a district judge or a justice of the supreme court by the clerk of the court. The petition must be examined expeditiously by the judge or justice to whom it is assigned.
2. If it plainly appears from the face of the petition and any documents and exhibits annexed to it that the petitioner is not entitled to relief, the judge or justice shall make an order for its summary dismissal and cause the petitioner to be notified. Otherwise the judge or justice shall order the respondent to file an answer and a return within 45 days or a longer period fixed by the judge or justice or to take such other action as he deems appropriate. A copy of any order must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
κ1985 Statutes of Nevada, Page 1230 (CHAPTER 435, AB 517)κ
Sec. 4. 1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel at the time the court orders the filing of an answer and a return.
2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the state public defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the state public defender from the reserve for statutory contingency fund for the payment of such costs, expenses and compensation.
3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after the court orders the filing of an answer and a return, but not later than 10 days before the answer and return are due. The answer by the respondent must include any response to the supplemental pleadings.
4. No further pleadings may be filed except as ordered by the court.
Sec. 5. The answer must state whether the petitioner has previously applied for relief from his conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other post-conviction relief. The answer must indicate what transcripts of pretrial, trial, sentencing and post- conviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed. The respondent shall attach to the answer any portions of the transcripts which he deems relevant. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is neither available nor procurable, the court may require a narrative summary of the evidence to be submitted. If the petitioner appealed from the judgment of conviction or any adverse judgment or order in a prior petition for a writ of habeas corpus or post-conviction relief, a copy of the petitioners brief on appeal and any opinion of the appellate court must be filed by the respondent with the answer.
Sec. 6. 1. The judge or justice, upon review of the return, answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.
2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, he shall dismiss the petition without a hearing. A copy of any decision or order dismissing the petition must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
κ1985 Statutes of Nevada, Page 1231 (CHAPTER 435, AB 517)κ
the petition must be served on the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
3. If the judge or justice determines that an evidentiary hearing is required, he shall grant the writ and shall set a date for the hearing.
Sec. 7. 1. The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.680, inclusive, and sections 2 to 12.5, inclusive, of this act, apply to proceedings pursuant to sections 2 to 12.5, inclusive, of this act.
2. After the writ has been granted and a date set for the hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge or justice for good cause shown grants leave to do so. The judge or justice shall appoint counsel to assist the petitioner if:
(a) The assistance is necessary for the petitioner to use discovery effectively; and
(b) The petitioner is eligible for appointment of counsel pursuant to section 4 of this act.
3. A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.
Sec. 8. 1. If an evidentiary hearing is required, the judge or justice may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the petition.
2. The expanded record may include, without limitation, letters which predate the filing of the petition in the district court, documents, exhibits and answers under oath to written interrogatories propounded by the judge. Affidavits may be submitted and considered as a part of the record.
3. In any case in which the record is expanded, copies of proposed letters, documents, exhibits and affidavits must be submitted to the party against whom they are to be offered, and he must be afforded an opportunity to admit or deny their correctness.
4. The court must require the authentication of any material submitted pursuant to subsection 2 or 3.
Sec. 9. 1. A petition may be dismissed if delay in the filing of the petition:
(a) Prejudices the respondent or the State of Nevada in responding to the petition, unless the petitioner shows that the petition is based upon grounds of which he could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the state occurred; or
(b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner, unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred in the proceedings resulting in the judgment of conviction or sentence.
2. A period exceeding 5 years between the filing of a judgment of conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition for a writ of habeas corpus creates a rebuttable presumption of prejudice to the state.
κ1985 Statutes of Nevada, Page 1232 (CHAPTER 435, AB 517)κ
conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition for a writ of habeas corpus creates a rebuttable presumption of prejudice to the state.
Sec. 10. 1. The court shall dismiss a petition if the court determines that:
(a) The petitioners conviction was upon a plea of guilty and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.
(b) The petitioners conviction was the result of a trial and the grounds for the petition could have been:
(1) Presented to the trial court;
(2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or post-conviction relief; or
(3) Raised in any other proceeding that the petitioner has taken to secure relief from his conviction and sentence,
unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
Sec. 11. 1. If a petitioner has been sentenced to death, the petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:
(a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or
(b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.
2. If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.
3. The court shall personally address the petitioner and his counsel and inform them that all claims which challenge the conviction or imposition of the death penalty must be joined in a single petition. Any matter not included in the petition must not be considered in a subsequent proceeding.
4. If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
κ1985 Statutes of Nevada, Page 1233 (CHAPTER 435, AB 517)κ
5. If a district judge conducts an evidentiary hearing, a transcript must be prepared immediately for the purpose of appellate review.
6. The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and render a decision.
Sec. 12. After any evidentiary hearing the court shall make specific findings of fact, expressly state its conclusions of law and set forth its judgment. A copy of any decision or order discharging the petitioner from the custody or restraint under which he is held, committing him to the custody of another person or denying the requested relief after a hearing must be served upon the respondent, the attorney general and the district attorney of the county in which the petitioner was convicted.
Sec. 12.5. The provisions of sections 2 to 12, inclusive, of this act apply only to petitions for writs of habeas corpus in which the petitioner requests relief from a judgment of conviction or sentence in a criminal case.
Sec. 13. NRS 34.370 is hereby amended to read as follows:
34.370 [Application for the writ shall be made by a petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall specify:
1. That the person in whose behalf the writ is applied for]
1. A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of his liberty, the officer or other person by whom he is [so] confined or restrained, and the place where [,] he is confined, naming all the parties if they are known, or describing them if they are not known.
2. If the [imprisonment be illegal, the petition must also state in what the alleged illegality consists.
3. The petition must be verified by the oath or affirmation of the party making the application.] petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.
3. If the petition requests relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from his conviction or sentence. Argument, citations and other supporting documents are unnecessary.
Sec. 14. NRS 34.375 is hereby amended to read as follows:
34.375 1. Except as provided in subsection [2,] 3, a pretrial petition for a writ of habeas corpus based on alleged [want] lack of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge may not be considered unless:
κ1985 Statutes of Nevada, Page 1234 (CHAPTER 435, AB 517)κ
to proceed to the trial of a criminal charge may not be considered unless:
(a) The petition and all supporting documents are filed within 21 days after the first appearance of the accused in the district court; and
(b) The petition contains a statement that the accused:
(1) Waives the 60-day limitation for bringing an accused to trial; or
(2) If the petition is not decided within 15 days before the date set for trial, consents that the court may, without notice or hearing, continue the trial indefinitely or to a date designated by the court.
2. The arraignment and entry of a plea by the accused must not be continued to avoid the requirement that a pretrial petition be filed within the period specified in subsection 1.
3. The court may extend, for good cause, the time to file a petition. Good cause shall be deemed to exist if the transcript of the preliminary hearing or of the proceedings before the grand jury is not available within 14 days after the accuseds initial appearance and the court shall grant an ex parte application to extend the time for filing a petition. All other applications may be made only after appropriate notice has been given to the [district] prosecuting attorney.
Sec. 15. NRS 34.380 is hereby amended to read as follows:
34.380 1. A district court shall not consider any pretrial petition for habeas corpus:
(a) Based on alleged [want] lack of probable cause or otherwise challenging the courts right or jurisdiction to proceed to the trial of a criminal charge unless a petition is filed in accordance with NRS 34.375.
(b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.
2. When an application is made to a justice of the supreme court for a writ of habeas corpus and the application is entertained by the justice [,] or the supreme court, and thereafter denied, the person making the application [has no right to] may not submit thereafter an application to the district judge of the district wherein the applicant is held in custody, nor to any other district judge in any other judicial district of the state, premised upon the illegality of the same charge upon which the applicant is held in custody.
3. An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within [15] 30 days after the [day] date of service of notice of the entry of the order or judgment.
4. The State of Nevada is an interested party in habeas corpus proceedings . [, and, if] If the district [judge or district court to whom or to which an application for a writ of habeas corpus has been made] court grants the writ [,] and orders the discharge or a change in custody of the petitioner, then the district attorney of the county in which