[Rev. 2/27/2019 1:43:49 PM]
κ1985 Statutes of Nevada, Page 1911 (CHAPTER 610, SB 163)κ
Sec. 30. 1. The board through its president or secretary-treasurer or the attorney general may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing psychology without a certificate.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve any person from criminal prosecution for practicing without a certificate.
Sec. 31. NRS 641.020 is hereby amended to read as follows:
641.020 As used in this chapter, unless the context otherwise requires [:
1. Board means the board of psychological examiners.
2. Certificate means a certificate of registration as a psychologist.
3. Certificatee means a person certified as a psychologist by the board.
4. Person means any individual, partnership, association or corporation.
5. Practice of psychology means the application of established principles of learning, motivation, perception, thinking and emotional relationships to problems of personnel evaluation, group relations and behavior adjustment. The application of such principles includes, but is not restricted to:
(a) Counseling and the use of psychotherapeutic measures, including hypnosis, with persons or groups with adjustment problems in the areas of work, family, school or personal relationships.
(b) Measuring and testing of personality, intelligence, aptitudes, emotions, public opinion, attitudes and skills.
6. Psychologist means a person who describes himself, or his services, to the public by any title or description which incorporates the word psychological, psychologist or psychology, and offers to render or renders psychological services to individuals, partnerships, associations, corporations or other members of the public for remuneration.] , the words and terms defined in sections 2 to 9, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 32. NRS 641.140 is hereby amended to read as follows:
641.140 1. A member of the board is entitled to receive as compensation the sum of $60 for each day actually spent in the performance of his duties , [as such,] and is also entitled to receive his necessary actual expenses in going to, attending and returning from meetings.
2. Compensation and expenses of members are payable out of the money derived from fees [, fines and penalties] paid or transmitted to the board under provisions of this chapter, and no part thereof may be paid out of the state treasury.
Sec. 33. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a certificate issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:
κ1985 Statutes of Nevada, Page 1912 (CHAPTER 610, SB 163)κ
each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the board for renewal;
(b) Pay the biennial [registration fee set by the board;] fee for registration; and
(c) Submit evidence to the board of his completion of the requirements for continuing education.
2. The board shall, as a prerequisite for the renewal of a certificate, require each holder to comply with the requirements for continuing education adopted by the board.
Sec. 34. NRS 641.230 is hereby amended to read as follows:
641.230 The [board shall refuse to grant a certificate, or shall suspend or revoke a certificate, for any of the following reasons:
1. Conviction of a felony, or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof. The board may inquire into the circumstances surrounding the commission of the offense in order to fix the degree of discipline advisable, or to determine if such a conviction is an offense involving moral turpitude.
2. Habitual drunkenness or addiction to the use of morphine, opium, cocaine or other drugs having a similar effect.
3. Impersonating a certified psychologist or allowing another person to use his certificate.
4. Using fraud or deception in applying for a certificate or in passing the examination provided for in this chapter.
5. Accepting commissions, rebates or other forms of remuneration for referring clients to other professional persons.
6. Rendering or offering to render services outside the area of his training, experience or competence.
7. Committing unethical practices contrary to the interest of the public as deemed by the board.
8. Entering into nonprofessional relationships with clients as deemed by the board.
9. Unprofessional conduct as deemed by the board.] grounds for refusing to grant a certificate or for initiating an action authorized under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS.
(b) A felony.
(c) Any offense involving moral turpitude.
(d) Any offense related to the practice of psychology or to the ability to practice psychology.
3. Suspension, revocation or limitation of the license to practice psychology by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a psychologist.
κ1985 Statutes of Nevada, Page 1913 (CHAPTER 610, SB 163)κ
5. Professional incompetence.
6. Impersonating a certified psychologist.
Sec. 35. NRS 641.240 is hereby amended to read as follows:
641.240 [The board may discipline the holder of any certificate, whose default has been entered or who has been heard by the board and found guilty, by any of the following methods:
1. Placing him upon probation for a period to be determined by the board.
2. Suspending his certificate for a period not exceeding 1 year.
3. Revoking his certificate.] If the board, a panel of its members or hearing officer appointed by the board finds the person guilty as charged in the complaint, it may by order:
1. Place him on probation for a specified period or until further order of the board.
2. Administer a public or private reprimand.
3. Limit his practice.
4. Suspend his certificate for a period of not more than 1 year.
5. Revoke his certificate.
6. Impose a fine of not more than $5,000.
Sec. 36. NRS 641.250 is hereby amended to read as follows:
641.250 [A complaint may be made against a certificatee by an agent or inspector employed by the board, any other certificatee or any aggrieved person, charging one or more of the causes for which such certificate may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.] The board or any of its members, any review panel of a hospital or an association of psychologists which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board.
Sec. 37. NRS 641.270 is hereby amended to read as follows:
641.270 [As soon as practicable after the filing of a complaint, the board shall fix a date for the hearing thereof, which date shall be not less than 30 days thereafter. The secretary-treasurer shall immediately notify the defendant certificatee of the complaint and the date and place fixed for the hearing thereof. A copy of the complaint shall be attached to the notice.] When a complaint is filed with the board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the board shall transmit the original complaint, along with further facts or information derived from the review, to the attorney general.
Sec. 38. NRS 641.280 is hereby amended to read as follows:
641.280 1. The hearing of a complaint [shall] must be conducted publicly by the board [. The defendant certificatee shall be accorded the right to] , a panel of its members or a hearing officer. The person named in the complaint may appear in person and by legal counsel, and shall be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and brief in person or by his counsel.
κ1985 Statutes of Nevada, Page 1914 (CHAPTER 610, SB 163)κ
shall be given adequate opportunity to confront the witnesses against him, to testify and introduce the testimony of witnesses in his behalf, and to submit argument and brief in person or by his counsel.
2. The failure of the person named in the complaint to attend his hearing or to defend himself must not serve to delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
Sec. 39. NRS 641.300 is hereby amended to read as follows:
641.300 If the board , a panel of its members or a hearing officer revokes , [or] suspends or places conditions on a certificate for a fixed time, the [certificatee] holder of the certificate may apply for a rehearing within 10 days and the board [may grant such] , a panel of its members or a hearing officer may grant the application within 30 days thereafter.
Sec. 40. NRS 641.310 is hereby amended to read as follows:
641.310 If the board , a panel of its members or a hearing officer grants a rehearing, the [secretary-treasurer] board shall immediately notify the [certificatee] holder of the certificate of the date and place which [the board has] has been fixed for the rehearing, which [date shall] must not be less than 10 days thereafter. The hearing [shall] must be conducted in the same manner as the former hearing. Upon conclusion thereof, or as soon as practicable thereafter, the board , a panel of its members or a hearing officer shall make and announce its decision.
Sec. 41. NRS 641.320 is hereby amended to read as follows:
641.320 [One year from the date of a revocation of a certificate, application may be made to the board for reinstatement. The board shall have complete discretion to accept or reject an application for reinstatement and may require an examination for such reinstatement.]
1. Any person:
(a) Whose practice of psychology has been limited;
(b) Whose certificate has been revoked; or
(c) Who has been placed on probation,
by an order of the board, a panel of its members or a hearing officer may apply to the board after 1 year for removal of the limitation or restoration of his certificate.
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
(c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.
κ1985 Statutes of Nevada, Page 1915 (CHAPTER 610, SB 163)κ
Sec. 42. NRS 641.330 is hereby amended to read as follows:
641.330 The adjudication of insanity or mental illness or the voluntary commitment or admission to a hospital of any [certificatee] psychologist for mental illness [shall operate] operates as a suspension of the right to practice [of such certificatee, and such suspension shall continue] psychology, and continues until the certificate is restored by action of the board. The board shall not restore [such] the certificate until it receives competent evidence of the [certificatees] psychologists fitness to resume his practice.
Sec. 43. NRS 641.350 is hereby amended to read as follows:
641.350 [Failure to pay the biennial registration fee shall automatically effect a revocation of the certificate after a period of 60 days from the 1st day of January of each odd-numbered year. The certificate shall not be restored except upon written application and the payment of the biennial registration fee and the delinquency fee required by this chapter.]
1. The certificate of any person who fails to pay the biennial fee for registration within 60 days after the date when it is due is automatically suspended. The board may, within 2 years after the date the certificate is so suspended, reinstate the certificate upon payment to the board of the amount of the then current biennial fee for registration and the amount of the fee for the restoration of a certificate so suspended. If the certificate is not reinstated within 2 years, the board may reinstate the certificate only if it also determines that the holder of the certificate is competent to practice psychology.
2. A notice must be sent to any person who fails to pay the biennial fee, informing him that his certificate is suspended.
Sec. 44. NRS 641.370 is hereby amended to read as follows:
641.370 1. The board shall [fix, by regulation, the amount of the fees payable to it pursuant to this chapter, according to the following schedule:
1. Examination fee............................................................................................. $85
2. Certification fee............................................................................................. 15
3. Biennial registration fee, not more than $100.
4. Restoration of a certificate revoked for nonpayment of the biennial registration fee, not more than $100.
5. Application fee.............................................................................................. 25
6. Certification by endorsement under the provisions of .... NRS 641.190 50]
charge and collect not more than the following fees respectively:
For application for registration by written examination, in addition to the actual cost to the board of the examination...................................... $100
For application for registration by special oral examination............. 100 For the certificate of registration....................................... $25
κ1985 Statutes of Nevada, Page 1916 (CHAPTER 610, SB 163)κ
For the certificate of registration............................................................... $25
For biennial registration............................................................................. 300
For restoration of a certificate suspended for the nonpayment of the biennial fee for registration........................................................................................ 100
2. An applicant who passes the examination and is eligible for registration shall pay the biennial fee for registration which must be prorated for the period from the date of registration to the end of the biennium.
Sec. 45. NRS 641.430 is hereby amended to read as follows:
641.430 [1.] Nothing in this chapter [shall authorize] authorizes the administration or prescription of [drugs, or authorize] dangerous drugs as defined in chapter 454 of NRS or controlled substances as defined in chapter 453 of NRS, or authorizes any person to engage in any manner in the practice of medicine or optometry as defined in the laws of this state. A psychologist who engages in [psychological therapy, commonly called psychotherapy,] psychotherapy shall make adequate provision for the treatment of medical problems through appropriate medical consultation or referral, or both. In the event of suspected violation of this section by any person certified under this chapter, the board of medical examiners [of the State of Nevada] may conduct an investigation to determine the facts surrounding the alleged violation. To assist the board of medical examiners in this investigation, the board of psychological examiners shall make available to the board of medical examiners any information in its possession bearing upon the alleged violation. Upon finding that a violation has in fact occurred, the board of medical examiners may either:
[(a)] 1. Recommend appropriate disciplinary action to the board of psychological examiners; or
[(b)] 2. Initiate appropriate action in a court of law.
[2. The board of medical examiners of the State of Nevada is empowered to review the application and any supporting documentation of a certificatees qualifications which have been submitted to the board of psychological examiners, or any other evidence bearing upon a certificatees qualifications to be certified as a psychologist in the State of Nevada, and may, on the basis of its review, recommend to the board of psychological examiners the suspension or revocation of the certificate of any certificatee deemed to be unqualified by the board of medical examiners. Upon such recommendation, the board of psychological examiners must review the certificatees credentials to determine whether the certificate of the certificatee in question should be suspended or revoked or remain in effect.]
Sec. 46. NRS 641.440 is hereby amended to read as follows:
641.440 Any person who : [violates any of the provisions of this chapter or, having had his certificate suspended or revoked, continues to represent himself as a psychologist, or engages in the practice of psychology]
1. Presents as his own the diploma, license or credentials of another;
κ1985 Statutes of Nevada, Page 1917 (CHAPTER 610, SB 163)κ
2. Gives either false or forged evidence of any kind to the board or any member thereof, in connection with an application for a certificate;
3. Practices psychology under a false or assumed name or falsely personates another psychologist of a like or different name;
4. Except as provided in NRS 641.390, 641.400, 641.410 and 641A.410, represents himself as a psychologist, or uses any title or description which incorporates the word psychology, psychological, psychologist, psychometry, psychometrics, psychometrist, psychotherapist, psychoanalysis or psychoanalyst or any other term indicating or implying that he is a psychologist, unless he has been issued a certificate; or
5. Practices psychology unless he has been issued a certificate,
is guilty of a gross misdemeanor.
Sec. 47. NRS 641.260, 641.290, 641.340, 641.360 and 641.420 are hereby repealed.
Sec. 48. Section 33 of this act becomes effective:
1. At 12:01 a.m. on July 1, 1985, to facilitate the adoption of any necessary regulations and for other administrative matters.
2. At 12:01 a.m. on July 1, 1986, to impose the requirements for continuing education as a prerequisite for the renewal of any license on or after that date.
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Senate Bill No. 219Committee on Commerce and Labor
CHAPTER 611
AN ACT relating to optometry; allowing an optometrist to be employed by a health maintenance organization; and providing other matters properly relating thereto.
[Approved June 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The following acts, among others, constitute unethical or unprofessional conduct:
1. Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.
2. Division of fees or any understanding or arrangement with any person not an optometrist or a health maintenance organization.
Sec. 3. The following acts, among others, constitute unethical or unprofessional conduct:
1. Making a house-to-house canvass, either in person or by another person, for advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
κ1985 Statutes of Nevada, Page 1918 (CHAPTER 611, SB 219)κ
person, for advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
2. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to optometric materials or services, his method of practice or skill, or the method of practice or skill of any other licensee.
3. Advertising in any manner that will tend to deceive, defraud or mislead the public.
4. Advertising, directly or indirectly, free optometric examinations or services.
5. Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
Sec. 4. The following acts, among others, constitute unethical or unprofessional conduct:
1. Using any pharmaceutical agent for the purpose of treatment which the licensee is authorized to use only for the purpose of diagnosis.
2. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
Sec. 5. 1. No licensee may be employed by or contract with a health maintenance organization to provide services therefor unless he has obtained a permit to do so from the board.
2. Written application for a permit must be made on a form prescribed by the board. The board shall adopt reasonable regulations prescribing the procedure for obtaining a permit pursuant to this section.
3. For the purposes of this section, health maintenance organization has the meaning ascribed to it in NRS 695C.030.
Sec. 6. NRS 636.015 is hereby amended to read as follows:
636.015 As used in this chapter, unless the context otherwise requires:
1. Advertise means the use of a newspaper, magazine or other publication, book, [notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, tag, label,] letter or other printed matter, window display, [store] sign, radio announcement or any other means or method employed to bring to the attention of the public the practice of optometry or the prescribing, fitting or dispensing, in connection therewith, of lenses, frames, eyeglasses or other accessories or appurtenances.
2. [Applicant means a person who has applied for examination.
3.] Board means the Nevada state board of optometry.
[4. Complaint means a complaint against a licensee for disciplinary action.
5.] 3. Diagnostic pharmaceutical agents means topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.
[6. Eye means the human eye.
7.] 4. Ophthalmic lens means a lens which has cylindrical, prismatic or spherical power or value.
κ1985 Statutes of Nevada, Page 1919 (CHAPTER 611, SB 219)κ
[8.] 5. Trial frame or test lens means a frame or lens used in testing the eye, which is not sold and not for sale to patients.
[9. Unethical or unprofessional conduct means the doing of any or all of the things mentioned in NRS 636.300.]
Sec. 7. NRS 636.300 is hereby amended to read as follows:
636.300 [Any of the following acts by a licensee constitutes] The following acts, among others, constitute unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person not licensed to practice optometry in this state for the purpose of assisting him in such practice or enabling him to engage therein [.
3. Making a house-to-house canvass, either in person or by another person, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
4. Division of fees with another optometrist except for services based on division of service or responsibility.
5. Division of fees or any understanding or arrangement with any person not an optometrist.
6. Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
7. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.
8. Advertising in any manner that will tend to deceive, defraud or mislead the public.
9. Advertising, directly or indirectly, free optometric examinations or services.
10. Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
11.] , except as authorized in section 5 of this act.
3. Practicing in or on premises where any materials other than those necessary to render optometric examinations or services are dispensed to the public, or where a [commercial or mercantile] business is being conducted not exclusively devoted to optometry or other [health care professions] healing arts and materials or merchandise are displayed having no relation to the practice of optometry or other [health care professions.
12. Use for the purpose of treatment of any agent which the licensee is authorized by the board to use only for the purpose of diagnosis.
13. Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.] healing arts.
κ1985 Statutes of Nevada, Page 1920 (CHAPTER 611, SB 219)κ
Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1985.
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Assembly Bill No. 180Committee on Transportation
CHAPTER 612
AN ACT relating to highways; restricting state highways to those owned and maintained or designated by the department of transportation; permitting the department to designate others as state routes; and providing other matters properly relating thereto.
[Approved June 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 408.285 is hereby amended to read as follows:
408.285 1. [The highways which are constructed, reconstructed, improved] Except as provided in subsection 2, only those highways which are owned and maintained by the department in accordance with the provisions of this chapter are state highways, and the department is responsible for their construction, reconstruction, improvement and maintenance. Money available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor. When federal money is made available under federal acts authorizing the use of federal funds to build roads in the national forests, the board may set aside for that purpose and expend highway money on state highways built by the Federal Government.
2. Unless it has been expressly designated as a state highway, every other highway, road, street, lane, sidewalk, alley, pathway, waterway or any other way for the passage of a person, animal or vehicle is not a state highway, and the department is not liable for any damage arising from the use of that highway or for any hazard or deficiency in that highway. Designation of any such way as a state highway may be accomplished only by a written agreement properly executed by the director and recorded in the county in which the highway is located.
3. Other highways [which are not constructed, reconstructed, improved and maintained by the department] may be designated by the director as state [highways] routes if:
(a) They connect or extend existing state highways; or
(b) Their construction, reconstruction, improvement and maintenance by the department is anticipated within a reasonable period.
[3.] 4. For [department] administrative purposes all [highways] state highways and routes may be selected, designated and assigned route numbers by the director. Numbers selected may conform so far as possible to applicable federal [route designations.] designations of routes.
κ1985 Statutes of Nevada, Page 1921 (CHAPTER 612, AB 180)κ
[4.] 5. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department may construct and maintain roads within state parks subject to approval of locations and design by the division of state parks of the state department of conservation and natural resources.
Sec. 2. NRS 481.027 is hereby amended to read as follows:
481.027 1. The department of motor vehicles shall control the manner and type of use of the [public] state highways by the public, and the department of transportation shall control the physical aspects of the [public] state highways.
2. The functions of the department of motor vehicles concerning highway safety must not be duplicated by any other agency, department, commission or officer of the State of Nevada.
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Assembly Bill No. 646Assemblymen Rader, Roberts, Ham, Francis, Horne, Thomas, Nicholas, McGaughey, DuBois, Little, Fairchild, ODonnell, Zimmer, Tebbs, Spriggs, Humke, Joerg, Bogaert, Marvel, Bergevin, Lambert and Bilyeu
CHAPTER 613
AN ACT relating to collective bargaining; requiring publication and distribution of proposed changes to contracts; and providing other matters properly relating thereto.
[Approved June 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 614 of NRS is hereby amended by adding thereto a new section to read as follows:
The draft of the proposed changes to a contract reached through collective bargaining between a labor organization and an employer must be submitted in writing by the labor organization to the organizations membership who attend the meeting for ratification before the members vote to accept or reject the contract.
________
κ1985 Statutes of Nevada, Page 1922κ
Assembly Bill No. 411Committee on Government Affairs
CHAPTER 614
AN ACT relating to the state controller; revising the procedure for withholding money for income tax; requiring the delivery of warrants to the state treasurer; increasing the duration of warrants; repealing obsolete provisions; and providing other matters properly relating thereto.
[Approved June 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.130 is hereby amended to read as follows:
227.130 1. The state controller shall withhold from each claimants pay the amounts specified in the revenue act of the United States [as is now in force] and such amounts as may [hereafter] be further specified by additional enactments of Congress . [, and transmit those amounts deducted to the Internal Revenue Service of the United States Department of the Treasury.] The state controller shall prepare a warrant for payment of the amount withheld and shall transmit the warrant to the state treasurer. The state treasurer shall transmit the warrant in the time and manner required by the Internal Revenue Service of the Department of the Treasury.
2. All transactions relating to the paying of the salaries of employees and related payroll costs which are handled by the state controller must be accounted for in the agency fund for the payroll of the state, which is hereby created.
Sec. 2. NRS 227.200 is hereby amended to read as follows:
227.200 The state controller shall:
1. Draw a warrant in favor of any person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail [such] the warrant to the state treasurer who shall sign the warrant and:
(a) Deliver or mail the countersigned warrant, if it is for an account payable, to the responsible state agency for delivery or mailing to the payee [entitled thereto] or deliver or mail [such] the warrant directly to the payee [.] ; or
(b) Deliver the warrant, if it is for payment of an employee, to the appropriate state agency for distribution.
2. Keep a warrant register, in which [book] he shall enter all warrants drawn by him. The arrangement of this book [shall] must be such as to show the bill and warrant number, the amount, out of which fund the [same] warrants are payable, and a distribution of the [same] warrants under the various appropriations.
3. Credit the state treasurer with all warrants paid.
Sec. 3. NRS 227.200 is hereby amended to read as follows:
227.200 The state controller shall:
1. Draw a warrant in favor of any person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the state treasurer who shall sign the warrant and:
κ1985 Statutes of Nevada, Page 1923 (CHAPTER 614, AB 411)κ
certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the state treasurer who shall sign the warrant and:
(a) Deliver or mail the countersigned warrant, if it is for an account payable, [to the responsible state agency for delivery or mailing to the payee or deliver or mail the warrant] directly to the payee; or
(b) Deliver the warrant, if it is for payment of an employee, to the appropriate state agency for distribution.
2. Keep a warrant register, in which he shall enter all warrants drawn by him. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.
3. Credit the state treasurer with all warrants paid.
Sec. 4. NRS 353.130 is hereby amended to read as follows:
353.130 All state controllers warrants issued in payment of claims against the state [shall] become void if not presented for payment to the state treasurer within [90 days from] 180 days after the date of issuance. All such warrants remaining unpaid after the expiration of [such 90] the 180 days, whether outstanding or uncalled for in the office of the state controller, [shall] must be canceled by the state controller, and the state treasurer [shall] must be notified immediately of [such] the cancellation. The state treasurer shall [pay no warrant or warrants] not pay a warrant presented for payment more than [90 days from] 180 days after the date of issuance.
Sec. 5. NRS 353.135 is hereby amended to read as follows:
353.135 Every warrant issued by the state controller [shall] must have the following words printed upon the face thereof: Void if not presented for payment within [90 days from] 180 days after the date [hereof.] of issuance.
Sec. 6. NRS 353.140 is hereby amended to read as follows:
353.140 1. The state controller shall establish [a lost warrant account] an account for lost and stale warrants in each fund and credit to it the amount of each warrant canceled.
2. If a state controllers warrant has been lost or destroyed, the person in whose favor such warrant was drawn may, within 1 year from the date of the original warrant, file with the state controller an affidavit setting forth the reasons for the failure to present [such] the warrant for payment and that [such] the warrant is not to the knowledge of affiant held by any other person or persons. If the state controller is satisfied that the original warrant is lost or destroyed, and the claim has not been paid by the state, he may issue another warrant in lieu of the original warrant and charge the amount thereof to the [lost warrant account.] account for lost and stale warrants in the fund upon which the original warrant was drawn.
3. In June of each year, as to each warrant whose original date is at least 1 year old and whose amount credited to the [lost warrant] account for lost and stale warrants has not been charged out as provided in subsection 2, the state controller shall credit the fund upon which the original warrant was drawn for an amount equivalent to the original warrant, and shall charge the [lost warrant account.]
κ1985 Statutes of Nevada, Page 1924 (CHAPTER 614, AB 411)κ
account for lost and stale warrants has not been charged out as provided in subsection 2, the state controller shall credit the fund upon which the original warrant was drawn for an amount equivalent to the original warrant, and shall charge the [lost warrant account.] account for lost and stale warrants.
Sec. 7. NRS 227.210 and 227.320 are hereby repealed.
Sec. 8. On or before July 1, 1986, the state treasurer and state controller shall submit to the interim finance committee a copy of their proposed procedures to carry out the provisions of NRS 227.200 as amended by section 3 of this act.
Sec. 9. 1. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
2. Section 3 of this act becomes effective on July 1, 1987.
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Senate Bill No. 72Senators Foley, Horn and Ryan
CHAPTER 615
AN ACT relating to imprisoned offenders; limiting the amount of credit which may be earned for good behavior; modifying the criteria for awarding such credit; authorizing the director of the department of prisons to revoke credits; and providing other matters properly relating thereto.
[Approved June 10, 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. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, an honor camp, a program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 30 days of credit each year for an offender who engages in exceptional meritorious service.
κ1985 Statutes of Nevada, Page 1925 (CHAPTER 615, SB 72)κ
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 2. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to prison after June 30, 1969, for a crime committed before July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned for actual time served.
2. Credits accumulate as shown in the following table:
SCHEDULE OF CREDITS
Number of Good time Total good
years served. granted. time made.
1 year........................................................ 2 months 2 months
2 years...................................................... 2 months 4 months
3 years...................................................... 4 months 8 months
4 years...................................................... 4 months 1 year
5 years...................................................... 5 months 1 year, 5 months
6 years...................................................... 5 months 1 year, 10 months
7 years...................................................... 5 months 2 years, 3 months
8 years...................................................... 5 months 2 years, 8 months
9 years...................................................... 5 months 3 years, 1 month
10 years.................................................... 5 months 3 years, 6 months
and so on through as many years as may be the term of the sentence. The total good time made must be deducted from the maximum term imposed by the sentence and, except as provided in subsection 5, applies to eligibility for parole.
κ1985 Statutes of Nevada, Page 1926 (CHAPTER 615, SB 72)κ
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for offenders whose diligence in labor or study merits such credits and for offenders who donate their blood for charitable purposes.
4. Each offender is entitled to the deductions allowed by this section if he has satisfied the conditions of subsection 1 as determined by the director.
5. [Good time does] Credits earned pursuant to this section do not apply to eligibility for parole if a statute specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 3. NRS 209.451 is hereby amended to read as follows:
209.451 1. If any offender:
(a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;
(b) Is guilty of any flagrant disregard of the regulations of the department; or
(c) Commits any misdemeanor, gross misdemeanor or felony,
he forfeits all deductions of time earned by him before the commission of [such] that offense, or forfeits [the] such part of [such] those deductions as the director considers just.
2. If any offender commits a serious violation of any of the regulations of the department, he may forfeit all or part of such deductions, in the discretion of the director.
3. A forfeiture [must] may be made only by the director after proof of the offense and notice to the offender. The decision of the director regarding a forfeiture is final.
4. The director may restore credits forfeited for such reasons as he considers proper.
Sec. 4. An offender who is earning credits pursuant to NRS 209.433 or 209.443 may elect to earn credits instead under the system established in section 1 of this act by filing a written request with the director of the department of prisons before July 1, 1986. The director shall notify all affected offenders of this option before January 1, 1986.
________
κ1985 Statutes of Nevada, Page 1927κ
Senate Bill No. 283Senator Bilbray
CHAPTER 616
AN ACT making an appropriation to the desert research institute of the University of Nevada System for studies on air pollution and for the maintenance of equipment used in its program for the modification of weather; and providing other matters properly relating thereto.
[Approved June 10, 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 desert research institute of the University of Nevada System the sum of $493,136 to be used as follows:
For studies of the air pollution in urban areas and its effects.................. $355,000
For the payment of expenses relating to the maintenance of equipment used in the program for the modification of weather................................................. 138,136
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.
________
Senate Bill No. 70Senators Foley, Horn and Ryan
CHAPTER 617
AN ACT relating to sentencing of offenders; creating a commission to establish suggested sentences for felonies; requiring the compilation of information to aid the establishment of the suggested sentences; requiring certain projections concerning the number of persons in prison and the cost of confinement; making an appropriation; and providing other matters properly relating thereto.
[Approved June 10, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The commission for establishing suggested sentences for felonies, consisting of 13 voting members, is hereby created.
2. The governor shall appoint:
(a) One member who is a justice of the supreme court;
(b) Two members who are district judges;
(c) One member who is a senator;
κ1985 Statutes of Nevada, Page 1928 (CHAPTER 617, SB 70)κ
(d) One member who is an assemblyman;
(e) One member who is an attorney in private practice who specializes in defending criminal actions;
(f) One member who is a district attorney;
(g) One member who is a representative of the attorney general;
(h) One member who is a representative of a law enforcement agency; and
(i) Two members who are representatives of the general public.
The director of the department of prisons and the chief parole and probation officer are ex officio members of the commission.
3. The attorney in private practice and the representatives of the general public who are members of the commission are entitled to receive $60 for each days attendance at a meeting of the commission. The legislators who are members of the commission are entitled to receive the salary provided for a majority of the members of the legislature during the first 60 days of the preceding session for each days attendance at a meeting of the commission.
Sec. 3. The commission for establishing suggested sentences for felonies and the department of parole and probation shall develop statistical information describing sentencing in this state. The commission shall specify the factors with respect to which it requires such information. The chief parole and probation officer shall analyze sentences imposed in this state to obtain information regarding the factors specified by the commission.
Sec. 4. The commission for establishing suggested ranges for sentencing may solicit, accept and use grants to aid it in performing the functions assigned to it by law. The commission shall make use of the computers and programs which are owned or maintained by the department of parole and probation.
Sec. 5. 1. The department of prisons shall review sentences suggested by the commission for establishing suggested sentences for felonies and project:
(a) The effect of the suggestions on the number of persons who will be in a facility or institution of the department of prisons in the 2 years immediately following the date of the projections; and
(b) The level of security which will be necessary for the persons who, according to the projections made pursuant to paragraph (a), will be in a facility or institution of the department of prisons.
The department shall consider the frequency and extent of deviation from the suggested sentences in making its projections pursuant to this subsection.
2. The department of prisons shall review sentences imposed in this state and the practices of the board of parole commissioners and project:
(a) The number of persons who will be in a facility or institution of the department of prisons in the 2 years immediately following the date of the projections; and
κ1985 Statutes of Nevada, Page 1929 (CHAPTER 617, SB 70)κ
(b) The level of security which will be necessary for the persons who, according to the projections made pursuant to paragraph (a), will be in a facility or institution of the department of prisons.
The projections made pursuant to this subsection must be based upon actual sentences without regard to the sentences suggested by the commission.
3. The department of prisons shall report quarterly to the department of administration the projections made pursuant to subsections 1 and 2. The department of administration shall estimate the cost of confining the projected number of persons at the projected levels of security. The department of administration shall submit an annual report of the estimated costs based upon the reports of the department of prisons to:
(a) The legislature, if it is in regular session; or
(b) The interim finance committee, if the legislature is not in regular session.
Sec. 6. 1. As used in this section, commission means the commission for establishing suggested sentences for felonies.
2. The commission shall establish a range of suggested sentences for felonies and a system for determining which range of punishment applies to each offender based on the extent and nature of the offenders history of criminal conduct, the severity of the crime and other factors the commission deems relevant. The sentences must indicate whether imprisonment of a offender is appropriate.
3. All sentences suggested by the commission must be within the minimum and maximum limits prescribed by the applicable statute.
4. The commission may indicate what alternative forms of punishment are appropriate for offenders who are not imprisoned.
5. The commission shall submit its suggestions to:
(a) The 64th session of the legislature;
(b) The supreme court and district courts of this state; and
(c) The governor.
Sec. 7. 1. There is hereby appropriated from the state general fund to the department of administration the sum of $49,000 for the payment of expenses incurred by the commission for establishing suggested sentences for felonies in carrying out its duties pursuant to the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 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. 8. This section and section 7 of this act become effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1930κ
Senate Bill No. 185Committee on Transportation
CHAPTER 618
AN ACT relating to motor vehicles; changing the name of the department of motor vehicles to the department of motor vehicles and public safety; transferring enforcement of the laws governing motor carriers from the motor carrier division to the Nevada highway patrol; and providing other matters properly relating thereto.
[Approved June 11, 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:
No pay for holding himself ready for duty may be authorized for a cadet attending an authorized training academy of the Nevada highway patrol for which room and board is provided at no cost to the cadet.
Sec. 2. NRS 481.015 is hereby amended to read as follows:
481.015 As used in this [chapter:] Title, unless the context otherwise requires:
1. Department means the department of motor vehicles [.] and public safety.
2. Director means the director of the department of motor vehicles [.] and public safety.
Sec. 3. NRS 481.019 is hereby amended to read as follows:
481.019 1. The department of motor vehicles and public safety is hereby created.
2. The department [of motor vehicles] is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.
Sec. 4. NRS 481.023 is hereby amended to read as follows:
481.023 Except as otherwise provided therein, the department [of motor vehicles] shall execute, administer and enforce, and perform the functions and duties provided in:
1. Title 43 of NRS relating to vehicles.
2. Chapter 706 of NRS relating to licensing of motor vehicle carriers and the use of public highways by [such] those carriers.
3. Chapter 366 of NRS relating to imposition and collection of taxes on special fuels used for motor vehicles.
4. Chapter 233F relating to the state communications system.
5. Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs.
Sec. 5. NRS 481.027 is hereby amended to read as follows:
481.027 1. The department of motor vehicles and public safety shall control the manner and type of use of the public highways by the public, and the department of transportation shall control the physical aspects of the public highways.
2. The functions of the department of motor vehicles and public safety concerning highway safety must not be duplicated by any other agency, department, commission or officer of the State of Nevada.
κ1985 Statutes of Nevada, Page 1931 (CHAPTER 618, SB 185)κ
safety concerning highway safety must not be duplicated by any other agency, department, commission or officer of the State of Nevada.
Sec. 6. NRS 481.031 is hereby amended to read as follows:
481.031 The office of director of the department of motor vehicles and public safety is hereby created.
Sec. 7. NRS 481.035 is hereby amended to read as follows:
481.035 1. The director:
(a) Is appointed by the governor. He must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) Is entitled to hold office for a term of 4 years from and after his appointment or until his successor is appointed.
(c) Is in the unclassified service of the state.
(d) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
2. There is hereby created in the department of motor vehicles and public safety the office of deputy director, which office is in the unclassified service of the state. The deputy director:
(a) Is appointed by the director, and must be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration.
(b) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 8. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, the bureau of enforcement.
2. The director shall appoint, within the limits of legislative appropriations, investigators in the bureau of enforcement of the registration division of the department.
3. The duties of the investigators are to travel the state and:
(a) Act as investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
4. The administrators and the investigators of the bureau have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section. They are not entitled to retire under the early retirement provisions of chapter 286 of NRS applicable to police officers and firemen.
κ1985 Statutes of Nevada, Page 1932 (CHAPTER 618, SB 185)κ
Sec. 9. NRS 481.0481 is hereby amended to read as follows:
481.0481 1. There is hereby created, within the registration division of the department, a section [known as the vehicle emission control section.] for the control of emissions from vehicles.
2. The director shall appoint, within the limits of legislative appropriations, [vehicle emission control officers in the vehicle emission control section.] investigators, officers and technicians for the control of emissions from vehicles.
3. The duties of the [vehicle emission control officers shall be] investigators, officers and technicians are to travel the state and:
(a) Act as agents and inspectors in the enforcement of the provisions of NRS 445.610 to 445.710, inclusive, chapter 482 of NRS and NRS 484.644 and 484.6441.
(b) Cooperate with the division of environmental protection of the state department of conservation and natural resources in all matters pertaining to [vehicle emission control.] the control of emissions from vehicles.
(c) Perform such other duties as may be imposed by the director.
4. [Vehicle emission control officers] Officers and investigators have the powers of peace officers in carrying out their duties under this section but shall not be deemed police officers for purposes of chapter 286 of NRS.
Sec. 10. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may organize the department into various divisions and alter the organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) Adopt such regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as [department agents for the purpose of selling] agents of the department to sell temporary licenses. The vendor must be remunerated at a rate not to exceed 75 cents per temporary license. The vendor shall collect the tax, fees and licenses provided for in chapters 366 and 706 of NRS, and pay them to the department. The vendor shall guarantee payment by giving a bond to the state in such sum as may be fixed by the director. The premium on the bond may be paid by the department. The director may appoint inspectors of the public service commission of Nevada and troopers of the Nevada highway [patrolmen] patrol to serve without remuneration as vendors for the purposes of this subsection.
κ1985 Statutes of Nevada, Page 1933 (CHAPTER 618, SB 185)κ
the Nevada highway [patrolmen] patrol to serve without remuneration as vendors for the purposes of this subsection.
5. The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.
6. The director has the powers of a peace officer.
Sec. 11. NRS 481.071 is hereby amended to read as follows:
481.071 1. Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (f) of that subsection.
2. Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:
(a) The registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.
(b) The motor carrier division shall:
(1) Execute [, administer and enforce] and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by [such] those carriers as contained in chapter 706 of NRS;
(2) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;
(3) Execute [, administer and enforce] and administer the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles; and
(4) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.
(c) The drivers license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.
(d) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.
(e) The investigation division shall execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs, and perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.
(f) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.
κ1985 Statutes of Nevada, Page 1934 (CHAPTER 618, SB 185)κ
Sec. 12. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by specific statute, all taxes, license fees and money collected [by the department or by patrolmen and personnel] pursuant to NRS 481.071 must be deposited with the state treasurer to the credit of the motor vehicle fund.
2. If any check accepted by the department in payment of fees pursuant to NRS 481.071 is dishonored upon presentation for payment, the drawer is subject to a service charge of $10, in addition to any other penalties provided by law.
3. The department may adjust the amount of a deposit made with the state treasurer to the credit of the motor vehicle fund for any cash shortage or overage resulting from the collection of fees.
Sec. 13. NRS 481.130 is hereby amended to read as follows:
481.130 There is hereby created within the department of motor vehicles and public safety a division to be known as the Nevada highway patrol.
Sec. 14. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol is composed of the following personnel appointed by the director : [of the department of motor vehicles:]
1. One chief; and
2. Such number of inspectors, [patrolmen and other employees] supervisors, troopers and commercial officers as the director determines necessary to perform the duties set forth in NRS 481.180, within the limits of legislative appropriations therefor.
Sec. 15. NRS 481.145 is hereby amended to read as follows:
481.145 1. The Nevada highway patrol must [include,] be augmented by, in addition to the personnel provided by NRS 481.140, supplementary [patrolmen] troopers to the extent permitted by the money available for that purpose in the special fund created by subsection 9 of NRS 482.480, but the total number of [highway patrolmen may] troopers must not exceed the number specified for a particular fiscal year by the legislature.
2. The director shall appoint these additional [patrolmen] troopers as soon after the beginning of each fiscal year as he can determine the amount of money which is available for this purpose.
Sec. 16. NRS 481.150 is hereby amended to read as follows:
481.150 1. The chief of the Nevada highway patrol [shall be] is the chief officer of the Nevada highway patrol and [shall have and exercise all of] has the powers and duties provided in NRS 481.180, which [powers and duties shall] must be performed under the direction and supervision of the director . [of the department of motor vehicles.]
2. When requested by the governor to preserve order, protect life or property [,] and enforce the laws of this state, the chief may use such [number] personnel of the Nevada highway patrol [personnel] as may be necessary for [such] that purpose. When so acting, [such personnel shall have and exercise general police powers.] the personnel have the powers of peace officers.
κ1985 Statutes of Nevada, Page 1935 (CHAPTER 618, SB 185)κ
powers of peace officers. Their salaries and expenses incidental to [such operations shall] those operations must be paid out of appropriations for the department [of motor vehicles] from the state general fund.
Sec. 17. NRS 481.180 is hereby amended to read as follows:
481.180 1. The duties of the personnel of the Nevada highway patrol are:
[1.] (a) To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada. They have the powers of peace officers:
[(a)] (1) When enforcing traffic laws; and
[(b)] (2) With respect to all other laws of this state when:
[(1)] (I) In the apprehension or pursuit of an offender or suspected offender:
[(2)] (II) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
[(3)] (III) Making arrests pursuant to a warrant in the officers possession or communicated to him.
[2.] (b) To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting any person guilty of any violation of the law contributing to the happening of such an accident.
[3. To act as field agents and inspectors in the enforcement of the provisions of chapter 482 of NRS relating to the registration of motor vehicles.
4. To act as field agents, inspectors and instructors in the enforcement of the provisions of chapter 483 of NRS relating to the licensing of operators of motor vehicles.
5. To act as field agents and inspectors in the enforcement of the provisions of chapter 706 of NRS relating to motor vehicle carriers.
6. To act as field agents and inspectors of the department of taxation in the enforcement of the provisions of chapter 365 of NRS relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state.
7. To act as field agents and inspectors in the enforcement of the provisions of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To act as field agents and inspectors in the enforcement of the provisions of chapters 485, 486 and 487 of NRS relating to motor vehicle safety responsibility, motorcycles and garages, repair shops and parking areas.
9. To enforce the provisions of chapter 408 of NRS relating to roadside parks and rest areas in this state.
10.] (c) To enforce the provisions of chapters 365, 366, 408, 482, 483, 485, 486, 487 and 706 of NRS.
(d) To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
κ1985 Statutes of Nevada, Page 1936 (CHAPTER 618, SB 185)κ
[11.] (e) To perform such other duties in connection with [and consistent with] the duties [listed] specified in this section, as may be imposed by the director.
2. Commercial officers, supervisors and inspectors:
(a) Shall enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 487 and 706 of NRS.
(b) Have the powers of peace officers when carrying out the duties specified in paragraph (a).
Sec. 18. NRS 482.225 is hereby amended to read as follows:
482.225 1. When application is made to the department for registration of a vehicle purchased in this state from a person other than a retailer required to be registered with the department of taxation or of a vehicle purchased outside this state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the department of taxation except as otherwise provided in NRS 482.260.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect the tax and remit it to the department of taxation.
3. Until all applicable taxes and fees are collected, the department shall refuse to register the vehicle.
4. In any county [with a population of] whose population is less than 30,000, the department [of motor vehicles] shall designate the county assessor as the agent of the department for the collection of any sales or use tax.
5. If the registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the department and then may submit his claim for exemption in writing, signed by him or his authorized representative, to the department together with his claim for refund of tax erroneously or illegally collected.
6. If the department finds that the tax has been erroneously or illegally collected, the tax must be refunded.
Sec. 19. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
κ1985 Statutes of Nevada, Page 1937 (CHAPTER 618, SB 185)κ
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department [of motor vehicles] and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
κ1985 Statutes of Nevada, Page 1938 (CHAPTER 618, SB 185)κ
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 20. NRS 483.030 is hereby amended to read as follows:
483.030 Administrator means the director . [of the department of motor vehicles.]
Sec. 21. NRS 483.340 is hereby amended to read as follows:
483.340 1. The department shall [(] upon payment of the required fee [)] issue to every applicant qualifying therefor a drivers license indicating the type or class of vehicles the licensee may drive, which license must bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.
2. The department may issue a drivers license for [identification] purposes of identification only for use by officers of local police and sheriffs departments, agents of the investigation division of the department [of motor vehicles] while engaged in special undercover [narcotics or prostitution] investigations relating to narcotics or prostitution and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriffs department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
3. Information pertaining to the issuance of a drivers license under subsection 2 is confidential.
4. It is unlawful for any person to use a drivers license issued under subsection 2 for any purpose other than the special investigation for which it was issued.
5. A person may attach to his drivers license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive.
Sec. 22. NRS 483.650 is hereby amended to read as follows:
483.650 As used in the Driver License Compact:
1. Executive head, with reference to this state, means the governor.
2. Licensing authority, with reference to this state, means the department . [of motor vehicles.]
Sec. 23. NRS 483.670 is hereby amended to read as follows:
483.670 1. Whenever an application for an instruction permit or for an operators or chauffeurs license is received from a person previously licensed in another state, the department [of motor vehicles] shall request a copy of the operators record from [such] the other state.
κ1985 Statutes of Nevada, Page 1939 (CHAPTER 618, SB 185)κ
for an operators or chauffeurs license is received from a person previously licensed in another state, the department [of motor vehicles] shall request a copy of the operators record from [such] the other state. When received, the operators record [shall become a] becomes part of [the operators] his record in this state with the same effect as though entered on [the operators] his record in this state in the original instance.
2. Whenever the department [of motor vehicles] receives a request for an operators record from another licensing state the record [shall] must be forwarded without charge.
Sec. 24. NRS 483.680 is hereby amended to read as follows:
483.680 The department [of motor vehicles] shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the Driver License Compact.
Sec. 25. NRS 483.700 is hereby amended to read as follows:
483.700 No person [shall] may operate a [driver training school,] school for training drivers, or engage in the business of giving instruction for hire in driving motor vehicles or in the preparation of an applicant for an examination given by the department [of motor vehicles] for a drivers license, unless he has secured a license therefor from the department [of motor vehicles] as provided in NRS 483.700 to 483.780, inclusive.
Sec. 26. NRS 483.710 is hereby amended to read as follows:
483.710 An applicant for a license to operate a school for training drivers must:
1. Be of good moral character.
2. Maintain an established place of business open to the public which is not within 200 feet of any building used by the department [of motor vehicles] as an office.
3. Have the equipment necessary to give proper instruction in the operation of motor vehicles.
4. Be 21 years of age or older.
5. Hold a valid driving instructors certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned schools for training drivers.
6. File with the department a surety bond in the amount of $10,000 to the department, executed by the applicant as principal with a corporation authorized to transact surety business in this state as surety. The bond must be continuous in form and conditioned that the operator conduct the business of the school as an instructional institution without fraud or fraudulent representation. Upon application by an operator, the department may reduce the amount of the bond required to an amount not less than $5,000 if the operator has satisfactorily conducted his school for the 5 years immediately preceding the application for reduction.
κ1985 Statutes of Nevada, Page 1940 (CHAPTER 618, SB 185)κ
Sec. 27. NRS 483.720 is hereby amended to read as follows:
483.720 An applicant for a license as an instructor for a [driver training school shall:] school for training drivers must:
1. Be of good moral character;
2. Pass such examination as the department [of motor vehicles] may require on traffic laws, safe driving practices and operation of motor vehicles;
3. Be physically able to operate a motor vehicle safely and train others in the operation of motor vehicles;
4. Hold a valid Nevada drivers license;
5. Be 21 years of age or older; and
6. Hold a valid driving instructors certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned [driver training schools.] schools for training drivers.
Sec. 28. NRS 483.730 is hereby amended to read as follows:
483.730 1. The department [of motor vehicles] shall issue a license to operate a [driving training school,] school for training drivers or to act as an instructor for such a [driver training] school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive.
2. The license [shall be] is valid for [a period of] 2 years [from] after the date of issuance, unless canceled, suspended or revoked by the department [of motor vehicles,] and may be renewed subject to the same conditions as the original license.
Sec. 29. NRS 483.740 is hereby amended to read as follows:
483.740 1. A person operating a [driver training] school for training drivers shall maintain [bodily injury and property damage] liability insurance on motor vehicles used in driving instruction, insuring the liability of the driving school, the driving instructor, and any person taking instruction, in at least the following amounts:
(a) For bodily injury to or death of one person in any one accident, $20,000;
(b) For bodily injury to or death of two or more persons in any one accident, $40,000; and
(c) For damage to property of others in any one accident, $10,000.
2. Evidence of [such] the insurance coverage in the form of a certificate from the insurance carrier [shall] must be filed with the department [of motor vehicles] and the certificate [shall] must stipulate that the insurance [shall] may not be canceled except upon 10 days written notice to the department . [of motor vehicles.]
Sec. 30. NRS 483.760 is hereby amended to read as follows:
483.760 The department [of motor vehicles] may cancel, suspend, revoke or refuse to renew any license granted pursuant to NRS 483.700 to 483.780, inclusive:
1. If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the department [of motor vehicles,] or induces or countenances fraud or fraudulent practices on the part of any applicant for drivers license.
κ1985 Statutes of Nevada, Page 1941 (CHAPTER 618, SB 185)κ
either with reference to the applicant or the department [of motor vehicles,] or induces or countenances fraud or fraudulent practices on the part of any applicant for drivers license.
2. If the licensee fails to comply with any of the provisions of NRS 483.700 to 483.780, inclusive, or any of the regulations or requirements of the department [of motor vehicles] made pursuant thereto.
3. If the licensee or any employee or agent of the licensee solicits [driver training or instruction] persons for enrollment in a school for training drivers in an office of the department [of motor vehicles] or within 200 feet of any such office.
4. If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the department [of motor vehicles] in giving an examination for a drivers license.
Sec. 31. NRS 483.780 is hereby amended to read as follows:
483.780 The department [of motor vehicles] shall charge the following fees for licenses issued under the provisions of NRS 483.700 to 483.780, inclusive:
[Driver training school license] License for a school for training drivers $50
[Driver instructors license] License for a driving instructor.................... 10
Sec. 32. NRS 483.800 is hereby amended to read as follows:
483.800 1. The following sources shall submit, within 30 days of learning such information, to the department [of motor vehicles] the name, address, birth date, social security number, visual acuity and any other information which may be required by regulation of the department, of persons who are blind or night-blind or whose vision is severely impaired and shall designate whether the person is blind, night-blind or has severely impaired vision:
(a) Hospitals, medical clinics and similar institutions which treat persons who are blind, night-blind or whose vision is severely impaired; and
(b) Agencies of the state and political subdivisions which provide special tax consideration for blindness.
2. When any source described in [paragraphs (a) and (b) of] subsection 1 learns that vision has been restored to any person whose name appears in the registry established pursuant to subsection 3, the fact of restoration of vision must be reported to [such] the registry within 30 days [of learning such] after learning of that fact.
3. The department may establish a registry for the purposes of this section and adopt regulations governing reports to and operation of the registry.
4. The department shall maintain a file of the names, addresses, birth dates and social security numbers of persons who are blind or night-blind or whose vision is severely impaired.
5. All information learned by the department pursuant to this section is confidential and any person who, without the consent of the [individual] person concerned, reveals [such] that information for purposes other than those specified in this section, or other than for administration of the program for supplemental security income , [program,] including state supplementary assistance and services to the aged, blind or disabled pursuant to chapter 422 of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.
κ1985 Statutes of Nevada, Page 1942 (CHAPTER 618, SB 185)κ
is confidential and any person who, without the consent of the [individual] person concerned, reveals [such] that information for purposes other than those specified in this section, or other than for administration of the program for supplemental security income , [program,] including state supplementary assistance and services to the aged, blind or disabled pursuant to chapter 422 of NRS, or services to the blind pursuant to NRS 426.520 to 426.610, inclusive, is guilty of a misdemeanor.
Sec. 33. NRS 483.820 is hereby amended to read as follows:
483.820 1. Every resident of this state 10 years of age or older who does not hold a Nevada drivers license and makes an application as provided in this chapter is entitled to receive an identification card.
2. The department [of motor vehicles] shall charge and collect the same fees for issuance of an original, duplicate or changed identification card, other than a card issued to a minor, as for a drivers license. The department shall charge and collect a fee of $3 for an original identification card issued to a minor, and a fee of $2 for a duplicate card, new photograph, change of name, change of address or any combination.
Sec. 34. NRS 483.830 is hereby amended to read as follows:
483.830 The director [of the department of motor vehicles] shall:
1. Prepare suitable identification cards.
2. Prepare and furnish application forms for [such] those cards.
3. Receive applications, grant or deny them and maintain files of applications.
4. Issue identification cards, recall and cancel cards when necessary, and maintain records adequate to preserve the integrity of the [identification card system.] system for identification cards.
Sec. 35. NRS 483.850 is hereby amended to read as follows:
483.850 1. Every application for an identification card [shall] must be made upon a form provided by the department [of motor vehicles and shall] and include:
(a) The applicants full name.
(b) His social security number, if any.
(c) His date of birth.
(d) His state of legal residence.
(e) His current address.
(f) A statement that he does not possess a valid Nevada drivers license.
2. When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.
Sec. 36. NRS 483.860 is hereby amended to read as follows:
483.860 Every applicant for an identification card shall furnish proof of his age by presenting a birth certificate, baptismal certificate or other proof acceptable to the department [of motor vehicles] and shall provide such other corroboration of the matters stated in his application as are required of applicants for a drivers license.
κ1985 Statutes of Nevada, Page 1943 (CHAPTER 618, SB 185)κ
Sec. 37. NRS 483.870 is hereby amended to read as follows:
483.870 1. An identification card once issued remains valid so long as the person does not become licensed to drive a motor vehicle [,] and the facts and circumstances declared in the application and stated in the card do not change. An identification card [shall] must be surrendered upon issuance of a drivers license.
2. The holder of an identification card shall promptly report any change in [such] the information declared in the application and stated in the card to the department . [of motor vehicles.]
3. Any change occurring in the holders address or name [(] as the result of marriage or otherwise [)] or any loss of an identification card [shall] must be reported within 10 days [of] after the occurrence to the department.
Sec. 38. NRS 483.880 is hereby amended to read as follows:
483.880 1. Upon furnishing information that his identification card is lost or destroyed and paying the prescribed fee, the person to whom the original was issued may obtain a duplicate.
2. If the original of the duplicated card is subsequently recovered or a lost card is found, the person having possession shall return it immediately to the department . [of motor vehicles.]
Sec. 39. NRS 483.890 is hereby amended to read as follows:
483.890 A person who:
1. Forges or alters an identification card or knowingly possesses an altered or forged identification card;
2. Refuses to surrender an identification card for cancellation when so directed by the department ; [of motor vehicles;]
3. Lends his identification card to another person for the others use or uses a card issued to another person; or
4. Willfully fails to surrender to the department [of motor vehicles] within 10 days after anothers identification card [coming] comes into his possession or to return it to the proper holder,
is guilty of a misdemeanor.
Sec. 40. NRS 484.138 is hereby amended to read as follows:
484.138 Revocation of drivers license means the termination by formal action of the department [of motor vehicles] of a persons license to drive a motor vehicle.
Sec. 41. NRS 484.229 is hereby amended to read as follows:
484.229 1. Except as provided in subsections 2, 3 and 4, the driver of a vehicle which is in any manner involved in an accident on a highway or on premises to which the public has access, if the accident results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $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] or an appraiser licensed under chapter 684B of NRS.
κ1985 Statutes of Nevada, Page 1944 (CHAPTER 618, SB 185)κ
licensed to do business in this state, an adjuster licensed under chapter 684A of NRS [, or a motor vehicle physical damage] or an 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.
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. 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 another person involved in the accident when his identity is not otherwise known or when he denies his presence at the accident. The department may also disclose the name of his insurer and the number of his policy.
6. No 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 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] The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484.236.
Sec. 42. NRS 484.238 is hereby amended to read as follows:
484.238 The state registrar of vital statistics shall on or before the 10th day of each month report in writing to the department [of motor vehicles] the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto.
κ1985 Statutes of Nevada, Page 1945 (CHAPTER 618, SB 185)κ
vehicles] the death of any person resulting from a vehicle accident, giving the time and place of accident and the circumstances relating thereto.
Sec. 43. NRS 484.243 is hereby amended to read as follows:
484.243 1. Every police officer who investigates a vehicle accident of which a report must be made as required in this chapter, or who otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written report of [such] the accident to the department [of motor vehicles] within 10 days after his investigation of the accident.
2. [Such] The written reports required to be forwarded by police officers and the information contained therein [shall not be] are not privileged or [held] confidential.
3. Every sheriff, chief of police or office of the Nevada highway patrol receiving any report required under NRS 484.223 to 484.241, inclusive, shall immediately prepare a copy thereof and [forthwith file such] file the copy with the department.
Sec. 44. 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 an accident the cause, conditions then existing, 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] the 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. 45. NRS 484.249 is hereby amended to read as follows:
484.249 The department [of motor vehicles] shall tabulate and analyze all accident reports received in compliance with this chapter and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle accidents.
Sec. 46. NRS 484.251 is hereby amended to read as follows:
484.251 1. It is unlawful and, unless otherwise declared in this chapter with respect to a particular offense, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
κ1985 Statutes of Nevada, Page 1946 (CHAPTER 618, SB 185)κ
chapter with respect to a particular offense, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.
2. The court may order any person who is twice convicted of violating a provision of this chapter to pay tuition for and attend a [drivers training] school for driver training which is approved by the department [of motor vehicles] for retraining such drivers. The person so ordered may choose from those so approved the school which he will attend. A person who willfully fails to comply with such an order is guilty of a misdemeanor.
Sec. 47. NRS 484.263 is hereby amended to read as follows:
484.263 1. Except as otherwise provided in subsection 5, a person shall not:
(a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
2. Except as provided in subsection 3, any person who violates subsection 1 shall be fined not less than $100 nor more than $500.
3. A person may not be fined if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.
4. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department [of motor vehicles] pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited [period of] time.
Sec. 48. NRS 484.345 is hereby amended to read as follows:
484.345 Any signal required by this chapter to be made by a driver when making a turn or a stop [shall] must be given either by means of a hand and arm or by a signal lamp or signal device of a type approved by the department [of motor vehicles, but when] , except if a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of [such vehicle then such signals shall] the vehicle, the signals must be given by a signal lamp or signal device.
Sec. 49. NRS 484.3792 is hereby amended to read as follows:
484.3792 1. Any person who violates the provisions of NRS 484.379:
(a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.3794, the court shall:
(1) Order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department [of motor vehicles] and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
κ1985 Statutes of Nevada, Page 1947 (CHAPTER 618, SB 185)κ
of alcohol and controlled substances approved by the department [of motor vehicles] and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;
(2) Unless the sentence is reduced pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 48 hours of work for the community while dressed in distinctive garb which identifies him as having violated the provisions of NRS 484.379; and
(3) Fine him not less than $200 nor more than $1,000.
The teacher of the educational course shall evaluate the offender and, if he finds the offender is an abuser of alcohol or controlled substances, he shall promptly report his findings to the court for its use.
(b) For a second offense within 7 years, is guilty of a misdemeanor. Except as provided in NRS 484.3794, the court shall sentence him to imprisonment for not less than 10 days nor more than 6 months in jail and fine him not less than $500 nor more than $1,000.
(c) For a third or subsequent offense within 7 years, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must be segregated insofar as practicable 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. Any offense which occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.
3. No person convicted of violating the provisions of NRS 484.379 may be released on probation, and no sentence imposed for violating those provisions may be suspended. No prosecuting attorney may dismiss a charge of violating the provisions of NRS 484.379 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.
4. Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months [from] after the date of conviction or within 6 months after the date of sentencing if the offender underwent treatment pursuant to NRS 484.3794.
κ1985 Statutes of Nevada, Page 1948 (CHAPTER 618, SB 185)κ
or within 6 months after the date of sentencing if the offender underwent treatment pursuant to NRS 484.3794. Any [segment of] time for which the offender is confined must consist of not less than 24 consecutive hours.
5. Jail sentences simultaneously imposed under this section and NRS 483.560 or 485.330 must run consecutively.
6. As used in this section, unless the context otherwise requires, offense means a violation of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct.
Sec. 50. NRS 484.385 is hereby amended to read as follows:
484.385 1. As agent for the department, the officer who directed that a test be given under NRS 484.382 or 484.383 or who obtained the result of such a test shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who fails to submit to the test or has 0.10 percent or more by weight of alcohol in his blood, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the persons license or permit to the department along with the written certificate required by subsection 2.
2. When a police officer has served an order of revocation of a drivers license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had 0.10 percent or more by weight of alcohol in his blood, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that he had:
(a) An articulable suspicion that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and that the person refused to submit to a required preliminary test;
(b) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance and the person refused to submit to a required evidentiary test; or
(c) Reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with 0.10 percent or more by weight of alcohol in his blood, as determined by a chemical test.
The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.
3. The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at his last known address.
κ1985 Statutes of Nevada, Page 1949 (CHAPTER 618, SB 185)κ
and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the persons license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.
4. Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the persons last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department , [of motor vehicles,] specifying the time of mailing the notice. [Such a] The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.
Sec. 51. NRS 484.387 is hereby amended to read as follows:
484.387 1. At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.
2. The scope of the hearing must be limited to the issue whether [or not] the person failed to submit to a test or had 0.10 percent or more by weight of alcohol in his blood at the time of the test. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. If a negative finding is made on the issue, the order of revocation must be rescinded.
3. If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issue in district court in the same manner as provided by NRS 483.520. The reviewing court may issue a stay of the revocation upon appropriate terms if a substantial question is presented for review which is supported by affidavits or relevant portions of the record of the hearing. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.
4. If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
κ1985 Statutes of Nevada, Page 1950 (CHAPTER 618, SB 185)κ
department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.
Sec. 52. NRS 484.388 is hereby amended to read as follows:
484.388 1. There is hereby created the committee on testing for intoxication, consisting of five members.
2. The director [of the department of motor vehicles] or his delegate is the chairman of the committee. The remaining members of the committee are appointed by the director and serve at his pleasure. At least three of the members appointed by the director must be technically qualified in fields related to testing for intoxication. Not more than three members of the committee may be from any one county.
3. The committee shall meet at the call of the director and as frequently as the committee deems necessary. Three members of the committee constitute a quorum. If a member is unable to attend a meeting, he may be represented by an alternate approved by the director.
4. Any person who is aggrieved by a decision of the committee may appeal in writing to a hearing officer of the department.
Sec. 53. NRS 484.3882 is hereby amended to read as follows:
483.3882 1. The committee on testing for intoxication shall adopt regulations consisting of a list of those devices, described by manufacturer and type, which it certifies as designed and manufactured to be accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons blood. The committee may:
(a) Certify those devices of which it approves which are on the list of qualified products meeting the requirements for evidential breath- testing devices of the National Highway Traffic Safety Administration; or
(b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director [of the department of motor vehicles] or his agent.
2. If such a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons blood.
3. If the committee finds it necessary or desirable, it may provide for certification pursuant to subsection 1 of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood.
4. This section does not preclude the admission of evidence of the amount of alcohol in a persons blood where the information is obtained through the use of a device other than one of a type certified by the committee.
Sec. 54. NRS 484.3884 is hereby amended to read as follows:
484.3884 1. The committee on testing for intoxication shall adopt regulations which:
(a) Prescribe standards and procedures for calibrating devices used for testing a persons breath to determine the percent by weight of alcohol in the persons blood.
κ1985 Statutes of Nevada, Page 1951 (CHAPTER 618, SB 185)κ
for testing a persons breath to determine the percent by weight of alcohol in the persons blood. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director [of the department of motor vehicles] or his agent.
(b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of [such] those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.
(c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.
2. The director [of the department] shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.
3. If the committee finds it necessary or desirable, it may adopt regulations that require the calibration of devices which are used to test a persons blood or urine to determine the amount of alcohol or the presence of a controlled substance in the persons blood and the certification of persons who make [such] those calibrations.
Sec. 55. NRS 484.3886 is hereby amended to read as follows:
484.3886 1. The committee on testing for intoxication shall adopt regulations which:
(a) Establish methods for ascertaining the competence of persons to:
(1) Operate devices for testing a persons breath to determine the percent by weight of alcohol in the persons blood.
(2) Examine prospective operators and determine their competence.
(b) Provide for certification of operators and examiners by the department . [of motor vehicles.] A certificate issued by the department may not be made effective for longer than 3 years.
A person who is certified as an examiner is presumed to be certified as an operator.
2. The director [of the department] shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.
3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the amount of alcohol in a persons blood has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.
4. The committee may adopt regulations which:
(a) Provide for the certification of persons who operate devices for testing a persons blood or urine to determine the amount of alcohol or presence of a controlled substance in the persons blood and the certification of persons who examine [such] those operators.
(b) Prescribe the essential procedures for the proper operation of the various types of devices.
κ1985 Statutes of Nevada, Page 1952 (CHAPTER 618, SB 185)κ
5. This section does not preclude the admission of evidence of a test of a persons breath, blood or urine where the test has been performed by a person other than one who is certified pursuant to this section.
Sec. 56. NRS 484.394 is hereby amended to read as follows:
484.394 1. Any coroner, or other public official performing like duties, shall in all cases [of motor vehicle accidents where a death or deaths have occurred as a result of such accidents,] in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, passenger, or pedestrian, cause to be drawn from each decedent, within 8 hours of [such] the accident, a blood sample [or samples] to be analyzed for the presence and amount of alcohol.
2. The findings of [such examinations shall be] the examinations are a matter of public record and [shall] must be reported to the department [of motor vehicles] by the coroner or [such] other public official within 30 days of [such] the death.
3. Blood alcohol analyses [shall be] are acceptable only if made by laboratories licensed to perform this function.
Sec. 57. NRS 484.513 is hereby amended to read as follows:
484.513 1. Every bicycle when in use at nighttime [shall] must be equipped with a lamp on the front which [shall emit] emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department [of motor vehicles which shall] which must be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
2. No person [shall] may operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, [but] except a bicycle [shall] must not be equipped with nor shall any person use upon a bicycle any siren or whistle.
3. Every bicycle [shall] must be equipped with a brake which will enable the operator to make the [braked] wheels skid on dry, level, clean pavement.
Sec. 58. NRS 484.609 is hereby amended to read as follows:
484.609 1. It [shall be] is unlawful for any person [, firm, company or corporation] to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with a red light or [lights or with a siren or sirens] siren attached thereto as a part of the equipment of the vehicle.
2. This section is not intended to repeal, amend or in any manner change the [present] existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1 [; nor shall] and this section does not apply to motor vehicles registered in foreign states having reciprocal arrangements made with the department [of motor vehicles] in relation to the use of red lights and sirens upon out-of-state motor vehicles.
κ1985 Statutes of Nevada, Page 1953 (CHAPTER 618, SB 185)κ
registered in foreign states having reciprocal arrangements made with the department [of motor vehicles] in relation to the use of red lights and sirens upon out-of-state motor vehicles.
3. A violation of the provisions of this section is punishable by a fine of not more than $250.
Sec. 59. NRS 484.623 is hereby amended to read as follows:
484.623 1. It is unlawful for any person to sell, offer for sale or drive any motor vehicle manufactured after January 1, 1970, unless [such] the vehicle is equipped with safety glazing material wherever glazing materials are used in [such] the vehicle for partitions, doors, windows, windshields or wind deflectors.
2. It is unlawful for any person to sell or offer for sale any camper manufactured after January 1, 1970, [and it is unlawful] or for any person to drive such a motor vehicle registered in this state which is equipped with a camper, unless [such] the camper is equipped with safety glazing materials wherever glazing materials are used in outside windows and doors. As used in this subsection, camper means any structure designed to be loaded onto, or affixed to, a motor vehicle to provide temporary living quarters for recreation, travel or other use.
3. As used in this section, safety glazing materials means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass, the likelihood of injury to persons by objects from exterior sources or by [such] the safety glazing materials when they may be cracked or broken.
4. The department [of motor vehicles] shall establish specifications or requirements for approved safety glazing material which [shall] must not be lower in standard than those specifications or requirements for safety glazing material established by the American National Standards Institute Safety Code Z26.1-1950, and shall maintain a list of approved safety glazing material.
Sec. 60. NRS 484.641 is hereby amended to read as follows:
484.641 1. It is unlawful to drive a passenger car manufactured after January 1, 1968, on a highway unless it is equipped with at least two lap-type safety belt assemblies for use in the front seat positions.
2. It is unlawful to drive a passenger car manufactured after January 1, 1970, on a highway, unless it is equipped with a lap-type safety belt assembly for each permanent passenger-seating position. This requirement [shall] does not apply to the rear seats of vehicles operated by a police department or sheriffs office.
3. It is unlawful to drive a passenger car manufactured after January 1, 1970, unless it is equipped with at least two shoulder-harness-type safety belt assemblies for use in the front seating positions.
4. The department [of motor vehicles shall except such] shall exempt those types of motor vehicles or seating positions from the requirements of this section when compliance would be impractical.
5. It is unlawful for any person to distribute, have for sale, offer for sale or sell day safety belt or shoulder harness assembly for use in a motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
κ1985 Statutes of Nevada, Page 1954 (CHAPTER 618, SB 185)κ
motor vehicle unless it meets current minimum standards and specifications of the United States Department of Transportation.
Sec. 61. NRS 484.643 is hereby amended to read as follows:
484.643 1. It is unlawful for any person to operate a motor vehicle, whether it is an emergency vehicle or otherwise, without tire chains or snow tires upon any street or highway, under icy or snowy conditions, when the highway is marked or posted with signs for the requirement of chains or snow tires.
2. The director [of the department of motor vehicles] may adopt regulations defining snow tire. The director shall consider regulations of the Federal Highway Administration and the National Highway Traffic Safety Administration and publications of the Rubber Manufacturers Association. The regulations must specify minimum standards for patterns of tread on snow tires which will provide adequate traction in mud and snow.
Sec. 62. NRS 484.644 is hereby amended to read as follows:
484.644 1. Except as provided in subsection 2, a person shall not operate or leave standing on any highway any motor vehicle which is required by state or federal law to be equipped with a device for the control of pollution from motor vehicles unless the device is correctly installed and in operating condition. A person shall not disconnect, alter or modify any such required device.
2. The provisions of this section do not apply to:
(a) An alteration or modification found by the state environmental commission not to reduce the effectiveness of the required device.
(b) Motor vehicles which have been licensed by the department [of motor vehicles] as experimental vehicles.
(c) Any vehicle which has been granted a waiver or exemption from the regulations for the control of emissions from motor vehicles.
Sec. 63. NRS 484.646 is hereby amended to read as follows:
484.646 1. After September 15, 1975, when any vehicle or combination of vehicles designed for and is operated at speeds of 25 miles per hour or less is moved on a highway, whether pulled, towed or self-propelled [and whether] in daytime or nighttime, the vehicle or combination [shall] must have displayed [a] an emblem for slow moving [vehicle emblem,] vehicles, except as provided in subsection 3.
2. Use of [the slow moving vehicle] such an emblem is restricted to the type of vehicle or combination specified in subsection 1, and the use of the emblem on any other type of vehicle or any stationary object on or beside a highway is unlawful.
3. A vehicle or combination of vehicles of the type specified in subsection 1 is not required to have displayed [a slow moving vehicle emblem] such an emblem if the vehicle or combination is moved only on a highway not open to public use or is guarded by flagmen or flares.
4. The requirement for [a slow moving vehicle] such an emblem is in addition to any lights or warning flags required by this chapter.
5. The department [of motor vehicles] shall adopt standards for [the slow moving vehicle emblem] emblems for slow moving vehicles which conform to standards adopted by the American Society of Agricultural Engineers.
κ1985 Statutes of Nevada, Page 1955 (CHAPTER 618, SB 185)κ
which conform to standards adopted by the American Society of Agricultural Engineers.
6. The emblem [shall] must be mounted, with a point up, on a plane perpendicular to the direction of travel, and located on the rear of the vehicle.
Sec. 64. NRS 484.695 is hereby amended to read as follows:
484.695 1. Peace officers and vehicle safety inspectors of the department , [of motor vehicles,] in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway or does not comply with any [tire or brake] standards for tires or brakes that may be established by the department [of motor vehicles] pursuant to subsection 4, may require the driver thereof to stop and submit the vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such [test] tests with reference thereto as may be appropriate.
2. If a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter or does not comply with any [tire or brake] standards for tires or brakes that may be established by the department [of motor vehicles] pursuant to subsection 4, the peace officer or vehicle safety inspector causing the inspection to be made may give the owner of the vehicle a written traffic citation or notice of vehicle equipment violation and further require the owner of the vehicle to produce in court or the office of the peace officer or vehicle safety inspector satisfactory evidence that the vehicle or its equipment has been made to conform with the requirements of this chapter and regulations adopted thereunder.
3. The director [of the department of motor vehicles] may establish centers for vehicle safety inspection [centers] at the [department of motor vehicles] branch offices of the department for the purpose of inspecting vehicles intended to be registered in the state. Safety inspections at these centers are limited to examination of tires and brakes on motor vehicles which have an unladen weight of not more than 6,000 pounds and which were manufactured more than 2 years [prior to] before the date of inspection.
4. The director shall adopt regulations prescribing the standards for tires and brakes.
Sec. 65. NRS 484.755 is hereby amended to read as follows:
484.755 1. Authority for the enforcement of the provisions of NRS 484.745 to 484.757, inclusive, is vested in the Nevada highway patrol . [and in motor carrier field agents under the jurisdiction of the department of motor vehicles.]
2. Any officer of the Nevada highway patrol [or motor carrier field agent] having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the [same] vehicle either by means of portable or stationary scales and may require that [such] the vehicle be driven to the nearest public scales, if they are within 5 miles.
κ1985 Statutes of Nevada, Page 1956 (CHAPTER 618, SB 185)κ
may require that [such] the vehicle be driven to the nearest public scales, if they are within 5 miles.
3. Whenever an officer [or agent] upon weighing a vehicle and load as provided in subsection 2 determines that the weight is unlawful, he may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of the vehicle to those limits permitted under NRS 484.745 to 484.757, inclusive. All materials so unloaded must be cared for by the carrier of the material and at his expense. The officer [or agent] may allow the driver of the inspected vehicle to continue on his journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484.745 to 484.757, inclusive, but the penalties provided in NRS 484.757 must be imposed for the overload violation.
4. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada highway patrol [or motor carrier field agent] upon a weighing of the vehicle to stop and otherwise comply with the provisions of NRS 484.745 to 484.757, inclusive, is guilty of a misdemeanor.
Sec. 66. NRS 484.773 is hereby amended to read as follows:
484.773 The department [of motor vehicles] shall adopt reasonable regulations providing for:
1. Minimum [binder] requirements for binders to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles, except loads containing radioactive waste.
2. Safety chains and cables for combinations of vehicles.
Sec. 67. NRS 484.787 is hereby amended to read as follows:
484.787 1. Except as provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada highway patrol.
(d) The division of forestry of the department of conservation and natural resources in responding to a fire.
(e) A public ambulance agency.
(f) A public lifeguard or lifesaving agency.
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle if:
(a) The vehicle has a permit, pursuant to NRS 484.789, from the department ; [of motor vehicles;]
(b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada highway patrol or in the pursuit of actual or suspected violators of the law; and
κ1985 Statutes of Nevada, Page 1957 (CHAPTER 618, SB 185)κ
(c) The state, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the department . [of motor vehicles.] In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
5. A person shall not operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.
Sec. 68. NRS 484.789 is hereby amended to read as follows:
484.789 1. The department [of motor vehicles] may issue [authorized emergency vehicle] permits for authorized emergency vehicles to vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of [law violators. Such permits shall] violators of the law. The permits must not be issued to vehicles when there are available comparable [emergency-type] services provided by agencies referred to in NRS 484.787.
2. The issuance of [authorized emergency vehicle] the permits to vehicles under this section [shall] must be limited to:
(a) Agencies designated in NRS 484.787;
(b) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and
(c) Ambulances designed and operated exclusively as such.
3. The following are not emergency vehicles and [shall] must not be permitted to operate as such:
(a) Tow cars;
(b) [Public utility vehicles;] Vehicles used by public utilities;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service;
(e) Privately owned vehicles of volunteer firemen;
(f) Privately owned vehicles of reserve members of a policy department or a sheriffs office; and
(g) Vehicles of private detectives.
Sec. 69. NRS 485.033 is hereby amended to read as follows:
485.033 Division means the drivers license division of the department [of motor vehicles] or any other division to which the director has assigned responsibility for administration of this chapter.
Sec. 70. NRS 485.108 is hereby amended to read as follows:
485.108 Registered owner means a person whose name appears in the records of the registration division of the department [of motor vehicles] as the person to whom the vehicle is registered.
κ1985 Statutes of Nevada, Page 1958 (CHAPTER 618, SB 185)κ
Sec. 71. NRS 485.137 is hereby amended to read as follows:
485.137 1. The division shall publish a leaflet which summarizes and explains the requirements and provisions of this chapter.
2. The department [of motor vehicles] shall:
(a) Make copies of [such] the leaflet available without charge to all licensed drivers in this state, to all public school pupils who are of driving age, and to the public.
(b) Cause a copy of [such] the leaflet to be delivered to each applicant for a new registration of a vehicle.
(c) Enclose a copy of [such] the leaflet with each application for a renewal of registration of a vehicle which is mailed to the applicant pursuant to law.
Sec. 72. NRS 485.210 is hereby amended to read as follows:
485.210 1. No policy or bond is effective under NRS 485.190 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than $30,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident.
2. No policy or bond is effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing that policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it executes a power of attorney authorizing the director [of the department of motor vehicles] to accept service on its behalf of notice or process in any action upon that policy or bond arising out of an accident.
Sec. 73. NRS 485.309 is hereby amended to read as follows:
485.309 1. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the division a written certificate [or certificates] of an insurance carrier authorized to transact business in the state in which the motor vehicle [or motor vehicles] described in [such] the certificate is registered, or if [such] the nonresident does not own a motor vehicle, [then] in the state in which the insured resides, [provided such] if the certificate otherwise conforms to the provisions of this chapter, and the division shall accept [the same] it upon condition that [such] the insurance carrier complies with the following provisions with respect to the policies so certified:
κ1985 Statutes of Nevada, Page 1959 (CHAPTER 618, SB 185)κ
(a) [Such] The insurance carrier shall execute a power of attorney authorizing the director [of the department of motor vehicles] to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
(b) [Such] The insurance carrier shall agree in writing that [such] the policies shall be deemed to conform with the laws of this state relating to the terms of [motor vehicle liability policies issued herein.] liability policies for motor vehicles.
2. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any such undertakings or agreements, the division shall not thereafter accept as proof any certificate of [such] that carrier whether theretofore filed or thereafter tendered as proof, so long as [such] the default continues.
Sec. 74. NRS 485.326 is hereby amended to read as follows:
485.326 The department [of motor vehicles] shall suspend the license of any person convicted of violating NRS 485.185 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 license and registration in accordance with the provisions of this chapter, and if he fails to do so , the division shall suspend his license and registration.
Sec. 75. NRS 486.011 is hereby amended to read as follows:
486.011 As used in NRS [486.021] 486.031 to 486.381, inclusive, unless the context otherwise requires, the words and terms defined in NRS [486.021] 486.031 to 486.057, inclusive, have the meanings ascribed to them in those sections.
Sec. 76. NRS 486.231 is hereby amended to read as follows:
486.231 1. The department [of motor vehicles] shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as provided in this section, when any motorcycle, except a trimobile or moped, is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards. Drivers and passengers of trimobiles shall wear protective glasses, goggles or face shields which meet those standards.
3. When a motorcycle or a trimobile is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
κ1985 Statutes of Nevada, Page 1960 (CHAPTER 618, SB 185)κ
5. When a three-wheel motorcycle, on which the driver and passengers ride within an enclosed cab, is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
Sec. 77. NRS 486.241 is hereby amended to read as follows:
486.241 1. A person shall not sell, offer for sale or distribute any protective headgear, glasses, goggles or face shields for use by any drivers or passengers of motorcycles or transparent windscreens for motorcycles unless [such] the equipment is of a type and specification meeting the standards therefor adopted by the department . [of motor vehicles.]
2. The provisions of this section [shall] do not prohibit the sale of protective headgear, glasses, goggles or face shields which comply with the rules and regulations adopted by the United States Department of Transportation.
Sec. 78. NRS 487.007 is hereby amended to read as follows:
487.007 As used in this chapter the term state agency means:
1. The manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches.
2. The department of motor vehicles and public safety with regard to all other vehicles subject to registration under the laws of this state.
Sec. 79. NRS 487.160 is hereby amended to read as follows:
487.160 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Has failed to return a certificate of dismantling to the state agency when and as required of him by NRS [487.040] 487.050 to 487.190, inclusive; or
(d) Has failed to surrender to the state agency certificates of ownership for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or license may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny a license to an applicant therefor, if the licensee or applicant:
(a) Does not have or maintain an established place of business in this state.
(b) Made a material misstatement in any application.
(c) Willfully fails to comply with any provision of NRS [487.040] 487.050 to 487.190, inclusive.
κ1985 Statutes of Nevada, Page 1961 (CHAPTER 618, SB 185)κ
(d) Fails to furnish and keep in force any bond required by NRS [487.040] 487.050 to 487.190, inclusive.
(e) Fails to discharge any final judgment entered against him when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this state.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
5. If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
6. The department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.
7. For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of his noncompliance with any provision of NRS [487.040] 487.050 to 487.190, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.
Sec. 80. NRS 487.190 is hereby amended to read as follows:
487.190 The provisions of NRS [487.040] 487.050 to 487.180, inclusive, do not apply to work or service vehicles owned by an automobile wrecker.
Sec. 81. NRS 487.200 is hereby amended to read as follows:
487.200 Any person who violates any of the provisions of NRS [487.040] 487.050 to 487.190, inclusive, is guilty of a misdemeanor.
Sec. 82. NRS 487.210 is hereby amended to read as follows:
487.210 As used in NRS 487.220 to 487.300, inclusive [:
1. Abandoned] , unless the context otherwise requires, abandoned vehicle means any vehicle which the owner has discarded.
[2. Department means the department of motor vehicles.]
Sec. 83. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, investigator of the bureau of enforcement of the registration division [or inspector or field agent of the motor carrier division] of the department, designated employees of the manufactured housing division of the department of commerce, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove the vehicle from any public property or, at the request of the owner or person in possession or control of any private property, from that private property.
2. Any person who removes an abandoned vehicle pursuant to subsection 1 shall take the vehicle to the nearest garage or other place designated by the state agency or political subdivision for storage.
κ1985 Statutes of Nevada, Page 1962 (CHAPTER 618, SB 185)κ
Sec. 84. NRS 488.035 is hereby amended to read as follows:
488.035 As used in this chapter, unless the context otherwise requires:
1. Commission means the board of wildlife commissioners.
2. [Department means the department of wildlife.
3.] Legal owner means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease [, lease-sale or rental-purchase] or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
[4.] 3. Motorboat means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
[5.] 4. Operate means to navigate or otherwise use a motorboat or a vessel.
[6.] 5. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not [the person] he lends, rents or pledges the vessel; and
(b) A debtor under a security agreement relating to a vessel.
Owner does not include a person defined as a legal owner under subsection [3.] 2.
[7.] 6. Registered owner means the person registered by the commission as the owner of a vessel.
[8.] 7. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
[9.] 8. Waters of this state means any waters within the territorial limits of this state.
Sec. 85. NRS 488.065 is hereby amended to read as follows:
488.065 1. Every motorboat on the waters of this state must be numbered and titled, except as provided in subsection 4 and NRS 488.175.
2. Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the department of wildlife may assign an appropriate builders hull number to the motorboat whenever there is no builders number thereon, or when the builders number has been destroyed or obliterated. The builders number must be permanently marked on an integral part of the hull which is accessible for inspection.
3. A person shall not operate or give permission for the operation of any motorboat on the waters of this state unless:
(a) The motorboat is numbered in accordance with the provisions of this chapter, with applicable federal law or with the federally approved numbering system of another state;
κ1985 Statutes of Nevada, Page 1963 (CHAPTER 618, SB 185)κ
this chapter, with applicable federal law or with the federally approved numbering system of another state;
(b) The certificate of number awarded to the motorboat is in effect;
(c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat; and
(d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.
4. Any person who purchases or otherwise owns a motorboat before January 1, 1972, is not required to obtain title for the motorboat until he transfers any portion of his ownership in the motorboat to another person.
Sec. 86. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:
(a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.
(b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a receipt for personal property tax paid on the motorboat or by an assessors certificate declaring no immediate tax collection on the motorboat under the provisions of NRS 361.505 was deemed necessary.
(c) Such evidence of ownership as the department of wildlife may require.
The department of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.
2. The department of wildlife shall not issue or renew a certificate of number if it has been notified by a county assessor before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. The notice must be in such form as the department of wildlife may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department of wildlife shall notify the owner that the taxes are delinquent. The department of wildlife may forward the certificate to the county assessor for release on payment of the taxes or may hold the certificate pending proof of payment of the taxes.
3. The application must be signed by the owner of the motorboat and must be accompanied by a fee of $7.50 for the certificate of number and a fee of $5 for the certificate of ownership. All fees received by the department of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department of wildlife shall:
κ1985 Statutes of Nevada, Page 1964 (CHAPTER 618, SB 185)κ
(a) Enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.
(b) Immediately give to the county assessor of the county in which the motorboat is situated a notice containing the name and address of the owner and information identifying the motorboat.
4. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the department of wildlife in order that the number may be clearly visible. The number must be maintained in legible condition.
5. The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.
6. The department of wildlife shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is $7.50.
Sec. 87. NRS 488.105 is hereby amended to read as follows:
488.105 If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the department [shall] of wildlife must be in conformity therewith.
Sec. 88. NRS 488.115 is hereby amended to read as follows:
488.115 1. The department of wildlife may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts [such] the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any [rules and] regulations of the commission, [shall be] is valid as if awarded directly by the department [.] of wildlife. At the time [that] an agent forwards [moneys] the money collected to the department of wildlife he may retain the amount set by the department of wildlife for awarding certificates of number, which [amount shall] must not exceed 10 percent of the [funds] money collected nor more than 25 cents per certificate of number in any instance.
2. All records of the department of wildlife made or kept pursuant to this section are public records.
Sec. 89. NRS 488.135 is hereby amended to read as follows:
488.135 The department of wildlife shall fix a day and month of the year on which certificates of number due to expire during the calendar year [shall lapse and no longer be of any force and effect] lapse unless renewed pursuant to the provisions of this chapter.
κ1985 Statutes of Nevada, Page 1965 (CHAPTER 618, SB 185)κ
Sec. 90. NRS 488.145 is hereby amended to read as follows:
488.145 1. The owner shall furnish the department of wildlife notice of the destruction or abandonment of any motorboat numbered under this chapter, within 10 days thereof.
2. Such destruction or abandonment [shall terminate] terminates the certificate of number for [such] the motorboat.
Sec. 91. NRS 488.155 is hereby amended to read as follows:
488.155 1. Any holder of a certificate of number and a certificate of ownership shall notify the department of wildlife within 10 days, if his address no longer conforms to the address appearing on [such] the certificates and shall, as a part of [such] the notification, furnish the department of wildlife with his new address. The department of wildlife shall give written notice of [such] the new address to the appropriate county assessor.
2. The commission may provide in its [rules and] regulations for the surrender of [such] the certificates bearing the former address and its replacement with new certificates bearing the new address or for the alteration of outstanding certificates to show the new address of the holder.
Sec. 92. NRS 488.175 is hereby amended to read as follows:
488.175 1. Except as provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:
(a) Already covered by a number in effect which has been awarded or issued to it pursuant to federal law or a federally approved numbering system of another state if the boat has not been on the waters of this state for a period in excess of 90 consecutive days.
(b) A motorboat from a country other than the United States temporarily using the waters of this state.
(c) A public vessel of the United States, a state or a political subdivision of a state.
(d) A ships lifeboat.
(e) A motorboat belonging to a class of boats which has been exempted from numbering by the department of wildlife after it has found that the numbering of motorboats of that class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department of wildlife has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
2. The department [, pursuant to department regulation, may issue] of wildlife may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.
3. A motorboat need not be titled pursuant to the provisions of this chapter, if it is already covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state.
κ1985 Statutes of Nevada, Page 1966 (CHAPTER 618, SB 185)κ
Sec. 93. NRS 488.1793 is hereby amended to read as follows:
488.1793 Except as otherwise provided for the creation or transfer of a security interest, no transfer of title to or any interest in any motorboat required to be numbered under this chapter [shall be] is effective until one of the following conditions is fulfilled:
1. The transferor has properly endorsed and delivered the certificate of ownership and has delivered the certificate of number to the transferee as provided in this chapter, and the transferee has, within the prescribed time, delivered [such] the documents to the department of wildlife or placed them in the United States mail addressed to the department of wildlife with the transfer fee.
2. The transferor has delivered to the department of wildlife or placed in the United States mail addressed to the department [such] of wildlife the appropriate documents for the transfer of ownership pursuant to the sale or transfer.
Sec. 94. NRS 488.1795 is hereby amended to read as follows:
488.1795 Upon receipt of a properly endorsed certificate of ownership and the certificate of number of any motorboat, the transferee shall within 10 days file [such] the certificates accompanied by a fee of $5 with the department of wildlife and thereby make application for a new certificate of ownership and a new certificate of number.
Sec. 95. NRS 488.1797 is hereby amended to read as follows:
488.1797 1. [Prior to] Before the issuance of any certificate of ownership, the department of wildlife shall obtain a statement in writing signed by the transferee or transferor, showing:
(a) The date of the sale or other transfer of ownership of the motorboat.
(b) The name and address of the seller or transferor.
(c) The name and address of the buyer or transferee.
2. Upon receipt of the properly endorsed certificate of ownership, the certificate of number and the required fee and statement of information, the department of wildlife shall issue a new certificate of ownership and a new certificate of number to the transferee. The previous number may be reassigned to the transferee.
3. The department of wildlife shall give notice of [such] the transfer to the appropriate county assessor.
Sec. 96. NRS 488.1801 is hereby amended to read as follows:
488.1801 Any owner of any motorboat numbered under this chapter who sells or transfers his title or any interest in [such] the motorboat shall within 10 days notify the department of wildlife of the sale or transfer and [shall] furnish the following information:
1. The name and address of the legal owner and transferee; and
2. Such description of the motorboat as may be required by the department [.] of wildlife.
Sec. 97. NRS 488.1803 is hereby amended to read as follows:
488.1803 Any dealer upon transferring by sale, lease or otherwise any motorboat, whether new or used, required to be numbered under this chapter, shall, upon obtaining proof of payment of personal property taxes as required by chapter 361 of NRS, give written notice of the transfer to the department of wildlife upon an appropriate form provided by it.
κ1985 Statutes of Nevada, Page 1967 (CHAPTER 618, SB 185)κ
this chapter, shall, upon obtaining proof of payment of personal property taxes as required by chapter 361 of NRS, give written notice of the transfer to the department of wildlife upon an appropriate form provided by it. The notice, accompanied by a [movable personal property tax receipt, shall] tax receipt for movable personal property, must be given within 3 days after the sale, but a dealer need not give the notice when selling or transferring a new unnumbered motorboat to another dealer.
Sec. 98. NRS 488.1813 is hereby amended to read as follows:
488.1813 1. If a certificate of ownership is lost, stolen, damaged or mutilated, an application for transfer may be made upon a form provided by the department of wildlife for a duplicate certificate of ownership. The transferor shall write his signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for a duplicate certificate of ownership and transfer.
2. The department of wildlife may receive the application and examine into the circumstances of the case and may require the filing of affidavits or other information, and when the department of wildlife is satisfied that the applicant is entitled to a transfer of ownership, it may transfer the ownership of the motorboat, and issue a new certificate of ownership, and certificate of number to the person [or persons] found to be entitled thereto.
Sec. 99. NRS 488.1823 is hereby amended to read as follows:
488.1823 1. No security interest in any motorboat required to be numbered under this chapter, whether [such] the number was awarded [prior or subsequent to] before or after the creation of [such] the security interest, is perfected until the secured party or his successor or assignee has deposited with the department of wildlife a properly endorsed certificate of ownership to [such] the motorboat subject to the security interest.
2. [Such certificate shall] The certificate must show the secured party as legal owner if the motorboat is then numbered under this chapter, or if not so numbered, the registered owner shall file an initial application for a certificate of number and for a certificate of ownership and the certificate of ownership issued thereunder [shall] must contain the name and address of the legal owner.
3. Upon compliance with subsections 1 and 2, the security interest is perfected and the records of the department [shall] of wildlife must show the secured party or his successor or assignee as the legal owner of [such] the motorboat.
Sec. 100. NRS 488.1827 is hereby amended to read as follows:
488.1827 The department of wildlife may suspend or revoke any certificate of ownership, certificate of number or number of any motorboat if it is satisfied that any such certificate or number was fraudulently obtained, or that the appropriate fee was not paid.
Sec. 101. NRS 488.195 is hereby amended to read as follows:
488.195 1. The exhaust of every internal combustion engine used on any motorboat [shall] must be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
κ1985 Statutes of Nevada, Page 1968 (CHAPTER 618, SB 185)κ
constructed and used as to muffle the noise of the exhaust in a reasonable manner.
2. The use of cutouts is prohibited.
3. Subsections 1 and 2 do not apply to:
(a) Motorboats competing in a regatta or boat race approved as provided in NRS 488.305;
(b) Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding [such] the regatta or boat race;
(c) Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following [such] the regatta or boat race; or
(d) Any motorboat operating under a separate permit issued by the department of wildlife for [the purpose of] tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.
4. The department of wildlife shall issue permits for the purposes enumerated in paragraph (a) of subsection 3, under such conditions and restrictions as the commission determines necessary to prevent a public nuisance and to assure the public safety. The commission may adopt [rules and] regulations to carry out the provisions of this subsection.
Sec. 102. NRS 488.197 is hereby amended to read as follows:
488.197 1. No vessel [shall] may be equipped with nor shall any person use or install upon a vessel a siren, except as otherwise provided in this chapter.
2. Any authorized emergency vessel, when approved by the department [,] of wildlife may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but [such siren shall] the siren must not be used except [when such] if the vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the operator of the vessel shall sound the siren when necessary to warn persons of the approach thereof.
Sec. 103. NRS 488.215 is hereby amended to read as follows:
488.215 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the casualty such assistance as may be practicable and as may be necessary [in order] to save them from or minimize any danger caused by the casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the casualty results in death or injury to a person or damage to property in excess of $200, shall file with the department of wildlife a full description of the casualty, including such information as the commission may, by regulation, require.
κ1985 Statutes of Nevada, Page 1969 (CHAPTER 618, SB 185)κ
Sec. 104. NRS 488.225 is hereby amended to read as follows:
488.225 In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the department of wildlife pursuant to NRS 488.215 [shall] must be transmitted to [such] the official or agency of the United States.
Sec. 105. NRS 488.305 is hereby amended to read as follows:
488.305 1. The department of wildlife may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.
2. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 30 days prior thereto, file an application with the department of wildlife for permission to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition. It may not be conducted without the written authorization of the department [.] of wildlife.
3. The application must set forth the date, time and location where it is proposed to hold the regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it [shall] must not be conducted without the written authorization of the department [.] of wildlife.
4. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, but nothing contained in this section requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
Sec. 106. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. [All boats] Any boat located upon the waters of this state [shall be] is subject to inspection by the department of wildlife or any lawfully designated agent or inspector thereof at any time [for the purpose of determining whether such] to determine whether the boat is equipped in compliance with the provisions of this chapter.
3. [All boats] Any boat located upon the waters of this state [shall be] is subject to inspection by the health division of the department of human resources or any lawfully designated agent or inspector thereof at any time [for the purpose of determining whether such] to determine whether the boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.
Sec. 107. NRS 489.601 is hereby amended to read as follows:
489.601 1. Except as provided in NRS 489.611, any manufacturer, dealer or rebuilder having an established place of business in this state, and owning or controlling any new or used manufactured home, mobile home or commercial coach, may move the manufactured home, mobile home or commercial coach for the purposes of display, maintenance, sale or exchange if there is displayed on it a special plate issued to the manufacturer, dealer or rebuilder as provided by this section.
κ1985 Statutes of Nevada, Page 1970 (CHAPTER 618, SB 185)κ
state, and owning or controlling any new or used manufactured home, mobile home or commercial coach, may move the manufactured home, mobile home or commercial coach for the purposes of display, maintenance, sale or exchange if there is displayed on it a special plate issued to the manufacturer, dealer or rebuilder as provided by this section.
2. Upon issuance of a manufacturers, dealers or rebuilders license pursuant to this chapter, the division [will] shall furnish to the licensee one or more special plates for use on manufactured homes, mobile homes and commercial coaches pursuant to subsection 1. Each plate must have displayed upon it the identification number which is assigned to the manufacturer, dealer or rebuilder and may, at the discretion of the division, have a different letter or symbol on each plate. The plates may be used interchangeably on the manufactured homes, mobile homes or commercial coaches.
3. The division shall , by regulation , determine the number of plates to which each manufacturer, dealer or rebuilder is entitled.
4. The department [of motor vehicles] shall supply the division with the special plates.
5. There must be paid to the division a fee of $12 at the time application for a special plate is made, and by the division to the department , [of motor vehicles,] a fee of $5.50 for each special plate.
Sec. 108. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $1,250.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $1,250.
(c) Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding $1,250, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $1,250, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $1,250.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $1,250.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed $1,250.
κ1985 Statutes of Nevada, Page 1971 (CHAPTER 618, SB 185)κ
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $1,250.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $1,250.
(k) In actions for a fine imposed for a violation of NRS 484.757.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.
4. Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol , [or by an inspector or field agent of the motor carrier division of the department of motor vehicles,] the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 109. NRS 14.070 is hereby amended to read as follows:
14.070 1. The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by the operator, on behalf of himself and his principal or master, his executor, administrator or personal representative, of the director of the department of motor vehicles and public safety to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him, his principal or master, his executor, administrator or personal representative, growing out of such use or resulting in damage or loss to person or property, and the use or operation signifies his agreement that any [such] process against him which is so served has the same legal force and validity as though served upon him personally within the State of Nevada.
2. Service of process must be made by leaving a copy of the process with a fee of $5 in the hands of the director of the department of motor vehicles and public safety or in his office, and [such] the service shall be deemed sufficient upon the operator if notice of service and a copy of the process is sent by registered or certified mail by the plaintiff to the defendant at the address supplied by the defendant in his accident report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the [Post Office Department] United States Postal Service stating that the defendant refused to accept delivery or could not be located, or that the address was insufficient, and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued.
κ1985 Statutes of Nevada, Page 1972 (CHAPTER 618, SB 185)κ
Office Department] United States Postal Service stating that the defendant refused to accept delivery or could not be located, or that the address was insufficient, and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada is the equivalent of mailing, and may be proved by the affidavit of the person making [such] the personal service appended to the original process and returned and filed in the action in which it was issued.
3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $5 paid by the plaintiff to the director of the department of motor vehicles and public safety at the time of the service must be taxed in his costs if he prevails in the suit. The director of the department of motor vehicles and public safety shall keep a record of all service of process, including the day and hour of service.
5. The foregoing provisions of this section with reference to the service of process upon an operator defendant are not exclusive, [but] except if the operator defendant is found within the State of Nevada , he must be served with process in the State of Nevada.
6. The provisions of this section apply to nonresident motorists and to resident motorists who have left the state or cannot be found within the state following an accident which is the subject of an action for which process is served pursuant to this section.
Sec. 110. NRS 50.315 is hereby amended to read as follows:
50.315 1. Whenever any person has qualified in the district court of any county as an expert witness for the purpose of testifying regarding the presence in the blood or urine of a person of alcohol, a controlled substance whose use or possession is regulated by chapter 453 of NRS, or a chemical, poison or organic solvent, or the identity of a controlled substance alleged to have been in the possession of a person, the experts affidavit is admissible in evidence in a criminal trial in the district court in any county in the district or a preliminary examination or trial in any justices or municipal court in any county in the district to prove the identity of the person from whom the affiant received the blood or urine or purported controlled substance for analysis and the amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be.
2. A persons affidavit is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That he has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type which have been certified by the committee on testing for intoxication as accurate and reliable for testing a persons breath, blood or urine to determine the amount by weight of alcohol in his blood;
κ1985 Statutes of Nevada, Page 1973 (CHAPTER 618, SB 185)κ
(b) The identity of a person from whom the affiant obtained a sample of breath, blood or urine;
(c) That the affiant tested the sample using a device of a type so certified and that the device was functioning properly; and
(d) The amount of alcohol that he found in the persons blood.
3. The affidavit of a person who prepared a chemical solution or gas which has been used in calibrating a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That he prepared a solution or gas having the chemical composition which is specified by the manufacturer of the device as necessary for accurately calibrating it; and
(c) The name of the law enforcement agency or laboratory to which he delivered the solution or gas.
4. The affidavit of a person who calibrates a device for testing anothers breath to determine the amount of alcohol in his blood is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The affiants occupation;
(b) That on a specified date he calibrated such a device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committees regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
5. The affidavit of a person who withdraws a sample of blood from another for [the purpose of] analysis by an expert as mentioned in subsection 1 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The identity of the person from whom the affiant withdrew the sample;
(c) The fact that the affiant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The person to whom the affiant delivered it.
6. The affidavit of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant;
(b) The fact that the affiant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
κ1985 Statutes of Nevada, Page 1974 (CHAPTER 618, SB 185)κ
(c) The identity of the person to whom the affiant delivered it.
7. The committee on testing for intoxication shall adopt regulations which prescribe the form of the affidavits described in this section.
Sec. 111. NRS 62.221 is hereby amended to read as follows:
62.221 Whenever any child is found to have violated a traffic law or ordinance, the judge, or his duly authorized representative, shall forward to the department of motor vehicles [,] and public safety, in the form required by NRS 483.450, a record of [such] the violation, other than violation of a law or ordinance governing standing or parking, and may [, in his discretion, do one, some] do any or all of the following:
1. Impose a fine.
2. Recommend to the department of motor vehicles and public safety the suspension of the childs drivers license.
3. Require that the child attend and complete a traffic survival course.
4. Order that the child or his parents pay the reasonable cost of the childs attending the traffic survival course.
5. Order the child to be placed on a work detail [in order] to repay any fine imposed.
6. Order the child placed on probation.
Sec. 112. NRS 62.360 is hereby amended to read as follows:
62.360 1. The court shall make and keep records of all cases brought before it.
2. The records may be opened to inspection only by order of the court to persons having a legitimate interest therein except that a release without a court order may be made of any:
(a) Records of traffic violations which are being forwarded to the department of motor vehicles [;] and public safety; and
(b) Records which have not been sealed and are required by the department of parole and probation for preparation of presentence reports pursuant to NRS 176.135.
3. The clerk of the court shall prepare and cause to be printed forms for social and legal records and other papers as may be required.
4. Whenever the conduct of a juvenile with respect to whom the jurisdiction of the juvenile court has been invoked may be the basis of a civil action, any party to the civil action may petition the court for release of the childs name, and upon satisfactory showing to the court that the purpose in obtaining the information is for use in a civil action brought or to be brought in good faith, the court shall order the release of the childs name and authorize its use in the civil action.
Sec. 113. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer, upon which the lien is asserted, and to the:
κ1985 Statutes of Nevada, Page 1975 (CHAPTER 618, SB 185)κ
motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS; or
(b) [Motor vehicle registration] Registration division of the department of motor vehicles and public safety with regard to all other items included in this section.
2. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place. The sale must not be held less than 15 days [from] after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer.
Sec. 114. NRS 108.315 is hereby amended to read as follows:
108.315 1. Any keeper of a trailer park who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer, for the amount due, stating that a lien is claimed on the trailer. A copy of the demand must be sent to every holder of a security interest in the trailer by registered or certified mail.
2. For the purpose of obtaining the name and address of a holder of a security interest in the trailer, the trailer park keeper shall request that information before making the demand for payment from the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS.
(b) Department of motor vehicles and public safety with regard to all other vehicles.
κ1985 Statutes of Nevada, Page 1976 (CHAPTER 618, SB 185)κ
The state agency shall supply that information from its records or, if the trailer is registered in another state, territory or country, obtain the information from the appropriate agency of that state, territory or country.
3. No trailer may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment. At least 10 days before a sale, a written notice must be sent to every holder of a security interest in the trailer by registered or certified mail stating that a sale by auction of the trailer is to be made pursuant to the provisions of NRS 108.310.
Sec. 115. NRS 176.061 is hereby amended to read as follows:
176.061 The state controller shall distribute the money received to the following public agencies in the following amounts for each $7 received, up to the amount authorized by the legislature:
1. Six dollars to the office of the court administrator for allocation as follows:
(a) One dollar for the administration of the courts.
(b) One dollar for the development of a uniform system for judicial records.
(c) One dollar for continuing judicial education.
(d) Three dollars for the supreme court.
2. One dollar for the peace officers standards and training committee of the department of motor vehicles and public safety to be used for the continuing education of persons whose primary duty is law enforcement. Any amounts received in excess of the amounts authorized for expenditure must be deposited to the credit of the state general fund.
Sec. 116. NRS 179.495 is hereby amended to read as follows:
179.495 1. Within a reasonable time but not later than 90 days after the termination of the period of an order or any extension thereof, the judge who issued the order shall cause to be served on the chief of the investigation division of the department of motor vehicles [,] and public safety, persons named in the order and any other parties to intercepted communications, an inventory which must include notice of:
(a) The fact of the entry and a copy of the order.
(b) The fact that during the period wire or oral communications were or were not intercepted.
The inventory filed pursuant to this section is confidential and must not be released for inspection unless subpenaed by a court of competent jurisdiction.
2. The judge, upon receipt of a written request from any person who was a party to an intercepted communication or from [such] the persons attorney, shall make available to [such] the person or his counsel those portions of the intercepted communications which contain his conversation. On an ex parte showing of good cause to a district judge, the serving of the inventory required by this section may be postponed for such time as the judge may provide.
κ1985 Statutes of Nevada, Page 1977 (CHAPTER 618, SB 185)κ
Sec. 117. NRS 179.515 is hereby amended to read as follows:
179.515 1. In January of each year, the attorney general and the district attorney of each county shall report to the Administrative Office of the United States Courts the information required to be reported pursuant to 18 U.S.C. § 2519. A copy of the report must be filed with the investigation division of the department of motor vehicles [.] and public safety. In the case of a joint application by the attorney general and a district attorney both shall make the report.
2. Every justice of the supreme court or district judge who signs an order authorizing or denying an interception shall, within 30 days after the termination of the order or any extension thereof, file with the investigation division of the department of motor vehicles and public safety on forms approved by the division a report containing the same information required to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate whether a party to an intercepted wire communication had consented to the interception.
3. The willful failure of any officer to report any information known to him which is required to be reported pursuant to subsection 1 or 2 constitutes malfeasance in office and, in such cases, the secretary of state shall, when the wrong becomes known to him, institute legal proceedings for the removal of that officer.
4. The investigation division of the department of motor vehicles and public safety shall, on or before April 30 of each year, compile a report consisting of a summary and analysis of all reports submitted to the division pursuant to this section during the previous calendar year. The report is a public record and may be inspected by any person during the regular office hours of the division.
Sec. 118. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision and release, occurring in Nevada. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase criminal history record information as used in federal regulations.
2. Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.
(b) Information concerning juveniles.
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.
κ1985 Statutes of Nevada, Page 1978 (CHAPTER 618, SB 185)κ
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.
(f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.
(g) Records of traffic violations constituting misdemeanors.
(h) Records of traffic offenses maintained by the department of motor vehicles and public safety for the purpose of regulating the issuance, suspension, revocation or renewal of drivers or other operators licenses.
(i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners.
(j) Records which originated in an agency other than an agency of criminal justice in this state.
Sec. 119. NRS 179A.080 is hereby amended to read as follows:
179A.080 The director of the department of motor vehicles and public safety is responsible for administering this chapter and may adopt regulations for that purpose. The director shall:
1. Establish regulations for the security of the system of Nevada records of criminal history so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of records of criminal history.
3. Provide for audits of [information] informational systems by qualified public or private agencies, organizations or persons.
Sec. 120. NRS 179A.150 is hereby amended to read as follows:
179A.150 1. The central repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of a record of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than that defined as a record of criminal history.
2. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of Nevada records of criminal history by those persons who are the subjects thereof. The regulations must specify:
(a) The reasonable periods [of time] during which the records are available for inspection;
κ1985 Statutes of Nevada, Page 1979 (CHAPTER 618, SB 185)κ
(b) The requirements for proper identification of the persons seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the central repository which pertains to the person making the request.
4. The director of the department of motor vehicles and public safety shall adopt regulations governing:
(a) All challenges to the accuracy or sufficiency of records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;
(b) The correction of any record of criminal history found by the director to be inaccurate, insufficient or incomplete in any material respect;
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and
(d) A time limit of not more than 90 days within which an inaccurate or insufficient record of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, to the address given by each person who requested the information when the request was made.
Sec. 121. NRS 200.033 is hereby amended to read as follows:
200.033 The only circumstances by which murder of the first degree may be aggravated are:
1. The murder was committed by a person under sentence of imprisonment.
2. The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.
3. The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.
4. The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, sexual assault, arson in the first degree, burglary or kidnaping in the first degree, and the person charged:
(a) Killed or attempted to kill the person murdered; or
(b) Knew or had reason to know that life would be taken or lethal force used.
5. The murder was committed [for the purpose of avoiding or preventing] to avoid or prevent a lawful arrest or [effecting] to effect an escape from custody.
κ1985 Statutes of Nevada, Page 1980 (CHAPTER 618, SB 185)κ
6. The murder was committed by a person, for himself or another, for the purpose of receiving money or any other thing of monetary value.
7. The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For purposes of this subsection peace officer means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation division of the department of motor vehicles [,] and public safety, personnel of the Nevada highway patrol, and the director, deputy director, correctional officers and other employees of the department of prisons when carrying out the duties prescribed by the director of the department.
8. The murder involved torture, depravity of mind or the mutilation of the victim.
9. The murder was committed upon one or more persons at random and without apparent motive.
Sec. 122. NRS 205.465 is hereby amended to read as follows:
205.465 1. It is unlawful for any person to possess, sell or transfer any document for the purpose of establishing a false status, occupation, membership, license or identity for himself or any other person.
2. A person who sells or transfers any such document 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. A person who possesses any such document is guilty of a misdemeanor.
3. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance prohibiting the possession of any such document.
(b) Prohibit the possession or use of [such] those documents by officers of local police, sheriff and metropolitan police departments and by agents of the investigation division of the department of motor vehicles and public safety while engaged in undercover investigations relating to narcotics or prostitution . [investigations.]
Sec. 123. NRS 233F.050 is hereby amended to read as follows:
233F.050 Coordinator of communications means the supervisor of the communications subdivision of the Nevada highway patrol division [.] of the department of motor vehicles and public safety.
Sec. 124. NRS 233F.121 is hereby amended to read as follows:
233F.121 The director of the department of motor vehicles and public safety may appoint the supervising radio technician of the Nevada highway patrol division as the ex officio coordinator of communications.
Sec. 125. NRS 233F.131 is hereby amended to read as follows:
233F.131 The coordinator of communications shall:
1. Administer the provisions of this chapter, subject to the administrative supervision of the chief of the Nevada highway patrol.
κ1985 Statutes of Nevada, Page 1981 (CHAPTER 618, SB 185)κ
2. Supervise the operation and maintenance of the communications system and provide for its joint use by state agencies, except as provided in NRS 233F.110.
3. Procure, install, maintain and purchase or lease communications equipment, facilities and services.
4. Upon request, assist agencies in the design, procurement, maintenance and repair of communications systems.
5. Prepare specifications for the annual procurement of radio equipment by the state purchasing division.
6. Enter into and administer agreements involving the state communications system.
7. Develop a comprehensive system of equitable billing and charges for services provided to agencies using the state communications system. [Such] The charges must reflect as nearly as practicable the actual share of costs incurred on behalf of or for services provided to an agency.
8. Advise agencies of the state as to systems or methods to be used to meet [communications] the requirements for communications efficiently and effectively.
9. Ensure that maintenance is performed on the state communications system efficiently and economically.
10. Standardize policies and procedures for the joint use of the state communications system.
11. Consolidate communications buildings and facilities for the joint use of all state agencies.
12. Perform such other duties in connection with each of his specified duties, and consistent therewith, as may be imposed by the director of the department of motor vehicles and public safety or the board.
Sec. 126. NRS 242.131 is hereby amended to read as follows:
242.131 1. The department shall provide state agencies and elected state officers with all of their required design of systems, programming and use of equipment for data processing, and all agencies and officers must use those services and equipment, except as provided in subsection 2.
2. The following agencies may negotiate with the department for its services or the use of its equipment, subject to the provisions of this chapter, and the department shall provide such services and the use of such equipment as may be mutually agreed:
(a) Court administrator;
(b) Department of motor vehicles [;] and public safety;
(c) Department of transportation;
(d) Employment security department;
(e) Legislative counsel bureau;
(f) State industrial insurance system;
(g) State controller;
(h) State gaming control board and Nevada gaming commission; and
(i) University of Nevada System.
κ1985 Statutes of Nevada, Page 1982 (CHAPTER 618, SB 185)κ
3. Any state agency or elected state officer who uses the services of the department and desires to withdraw substantially from that use must apply to the director for approval. The application must set forth justification for the withdrawal. If the director denies the application, the agency or officer must:
(a) If the legislature is in regular or special session, obtain the approval of the legislature by concurrent resolution.
(b) If the legislature is not in regular or special session, obtain the approval of the interim finance committee. The director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the interim finance committee. The interim finance committee has 45 days after the application and recommendation are submitted to its secretary within which to consider the application. Any application which is not considered by the committee within the 45-day period shall be deemed approved.
4. If the demand for services or use of equipment exceeds the capability of the department to provide them, the department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 127. NRS 245.125 is hereby amended to read as follows:
245.125 1. Except as provided in subsection 2:
(a) Each county officer or employee who, in his official capacity, receives any money belonging to a person, partnership, corporation, association or other entity, other than the county or himself, shall immediately deposit it with the county treasurer and obtain a receipt for it.
(b) Money deposited in accordance with this subsection is not part of the public [funds] money of the county.
(c) Money deposited with the county treasurer in accordance with this subsection [shall] must be paid to the owner upon the presentation of a certificate from the officer or employee who deposited the money, attesting that payment of the money is authorized by law and that the person or other entity requesting payment is the owner of the money and entitled to possession of it.
2. The provisions of subsection 1 do not apply:
(a) In counties where ordinances establishing central receiving and disbursing systems have been enacted pursuant to NRS 244.207.
(b) To money collected by a county assessor as agent for the department of motor vehicles and public safety which [shall] must be remitted to the state at least weekly.
(c) To money directed by court order to be deposited with the clerk of the court.
(d) To amounts paid to the clerk of the court pursuant to support orders made pursuant to chapter 130 of NRS.
Sec. 128. NRS 286.061 is hereby amended to read as follows:
286.061 1. Police officer means a member, who is a full-time employee of a participating public employer, whose principal duties consist of enforcing the laws of the State of Nevada or any of its political subdivisions and who is:
κ1985 Statutes of Nevada, Page 1983 (CHAPTER 618, SB 185)κ
employee of a participating public employer, whose principal duties consist of enforcing the laws of the State of Nevada or any of its political subdivisions and who is:
(a) A member of the Nevada highway patrol who exercises the police powers specified in NRS [481.0491 and] 481.180;
(b) The sheriff of a county or of a metropolitan police department, a detective [,] or a deputy sheriff;
(c) The chief of police of an incorporated city or unincorporated town, a detective [,] or a subordinate police officer;
(d) A correctional officer of the state prison whose duties require daily contact with the prisoners for a majority of his work;
(e) A guard, jailer or matron of a county or city jail;
(f) An agent of the investigation division of the department of motor vehicles [;] and public safety;
(g) Any person who, before July 1, 1977, was a member of the University of Nevada System police department, or a special investigator employed by the attorney general or by a district attorney, or a correctional officer of the state prison whose duties did not require daily contact with the prisoners for a majority of his work;
(h) Any person who, before July 1, 1979, was a parole or probation officer of the department of parole and probation; or
(i) The former holder of one of the positions enumerated in paragraphs (a) to (f), inclusive, or a person eligible under paragraph (g) or (h), who has been promoted by the same public employer to a position related to law enforcement.
2. The board may, subject to statutory limitations, adopt regulations stipulating employee positions in these categories whose holders shall be deemed [police officers.] police officers. Service in any position not enumerated in this section does not entitle a member to early retirement as a police officer.
Sec. 129. NRS 286.421 is hereby amended to read as follows:
286.421 1. Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:
(a) The employee is hired after July 1, 1985; or
(b) The employees benefits have vested pursuant to NRS 286.6793.
The employer shall begin paying an employees portion of contribution on the date his benefits vest, if they vest after July 1, 1985.
2. Except for persons chosen by election or appointment to serve in elective offices of a political subdivision of this state, any such payment of the employees portion of the contributions must be:
(a) Made is lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in employees salaries.
3. Except in the case of the elective officers described in subsection 2, the average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately.
κ1985 Statutes of Nevada, Page 1984 (CHAPTER 618, SB 185)κ
each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.
4. Employee contributions made by a public employer must be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.
6. If an employer is paying the basic contribution on behalf of an employee the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:
(a) For all employees except police officers and firemen, 15 percent of compensation.
(b) For police officers and firemen, 18 percent of compensation.
Except as provided in subsection 7, a public employer which is paying the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of the contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of the increase as provided in subsection 2.
7. For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution must be equally divided between employer and employee.
8. Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:
(a) Members of the Nevada highway patrol; and
(b) [Inspectors or field agents of the motor carrier division of the department of motor vehicles; and
(c)] Firemen in the division of forestry of the state department of conservation and natural resources,
who contribute to the police and firemens retirement fund.
Sec. 130. NRS 334.010 is hereby amended to read as follows:
334.010 1. No automobile may be purchased by any department, office, bureau, [official] officer or employee of the state without prior written consent of the state board of examiners.
2. All such automobiles may be used for official purposes only.
3. All such automobiles, except:
κ1985 Statutes of Nevada, Page 1985 (CHAPTER 618, SB 185)κ
(a) Automobiles maintained for and used by the governor;
(b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety and investigators of the state gaming control board and the attorney general;
(c) One automobile used by the department of prisons;
(d) Two automobiles used by the Nevada girls training center;
(e) Three automobiles used by the Nevada youth training center; and
(f) Four automobiles used by the youth parole bureau of the youth services division of the department of human resources,
must be labeled by painting the words State of Nevada and For Official Use Only thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.
4. Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.
Sec. 131. NRS 356.200 is hereby amended to read as follows:
356.200 1. With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county money received in their respective offices in any insured bank, or any insured savings and loan association located in the State of Nevada.
2. Whenever the written consent of any bondsman [or bondsmen] to such a deposit has not been obtained, the bondsman [or bondsmen] must, upon giving notice as required by law, be released from all responsibility on the bond of such an officer.
3. [Such] The accounts must be kept in the name of the county in such manner as the board of county commissioners may prescribe.
4. The balances in [such] the insured banks or savings and loan associations, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.
5. All money deposited in any depository bank or savings and loan association by such a county officer may be drawn out by him on check or order payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment [of motor vehicle] for license fees for motor vehicles by check or order payable to the department of motor vehicles [,] and public safety, and may also withdraw money received in payment [of motor vehicle] for use taxes for motor vehicles by check or order payable to the department of taxation.
6. The county officer shall keep a register which shows the amount of county money on deposit and lists every check or order drawn upon the depository bank or savings and loan association, numbering the items consecutively.
7. The county officer maintaining [such] a deposit in any depository bank shall draw upon the deposit not later than the 1st Monday of each month and whenever the deposit exceeds $100 for the full amount of county money deposited therein, [such] a withdrawal to be by check or order payable to the county treasurer, and shall thereupon deliver the withdrawal to the county treasurer.
κ1985 Statutes of Nevada, Page 1986 (CHAPTER 618, SB 185)κ
county money deposited therein, [such] a withdrawal to be by check or order payable to the county treasurer, and shall thereupon deliver the withdrawal to the county treasurer.
8. This section does not apply to any deposit made by the clerk of any court pursuant to NRS 355.210.
Sec. 132. NRS 361.535 is hereby amended to read as follows:
361.535 1. If the person, company or corporation so assessed neglects or refuses to pay the taxes within 30 days after demand, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy shall seize, seal or lock enough of the personal property of the person, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs.
2. The county assessor shall post a notice of the seizure, with a description of the property, in three public places in the township or district where it is seized, and shall, at the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of [such] the property to pay the taxes and expenses incurred. For this service the county assessor must be allowed from the delinquent person a fee of $3.
3. If the personal property seized by the county assessor or his deputy consists of a mobile home, house trailer or boat, the county assessor shall publish a notice of [such] the seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of [such] the property is someone other than the registered owner and the name and address of the legal owner can be ascertained from the records of the department of motor vehicles [,] and public safety , the county assessor shall, [prior to such] before publication, send a copy of [such] the notice by registered or certified mail to [such] the legal owner. The cost of [such] the publication and notice must be charged to the delinquent taxpayer. [Such] The notice must state:
(a) The name of the owner, if known.
(b) The description of the property seized, including the make, model and color and the serial number, motor number, body number or other identifying number.
(c) The fact that the property has been seized and the reason for seizure.
(d) The amount of the taxes due on the property and the penalties and costs as provided by law.
(e) The time and place at which [such] the property is to be sold.
After the expiration of 5 days from the date of the second publication of [such] the notice, the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.
4. Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.
κ1985 Statutes of Nevada, Page 1987 (CHAPTER 618, SB 185)κ
thereon for which the property was sold, whereupon the title of the property so sold vests absolutely in the purchaser.
Sec. 133. NRS 361.561 is hereby amended to read as follows:
361.561 As used in NRS 361.562 to 361.5644, inclusive:
1. Camper-shell means a covered canopy mounted on a motor vehicle, and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2. Mobile home means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. It may be used as a dwelling when connected to utilities or may be used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.
3. Slide-in camper means a portable unit designed to be loaded and unloaded from the bed of a pickup truck, and so constructed as to provide temporary living quarters for travel, camping or recreational use. Slide-in camper does not include a camper-shell.
4. Those units identified as chassis-mount camper, mini motor home, motor home, travel trailer, utility trailer and van conversion, in chapter 482 of NRS and any other vehicle required to be registered with the department of motor vehicles and public safety are subject to the personal property tax unless registered and taxed pursuant to chapter 371 of NRS. Such unregistered units and vehicles [shall] must be taxed in the manner provided in NRS 361.562 to 361.5644, inclusive.
Sec. 134. NRS 366.025 is hereby amended to read as follows:
366.025 Department means the department of motor vehicles [.] and public safety.
Sec. 135. NRS 366.620 is hereby amended to read as follows:
366.620 1. If the ownership of a motor vehicle subject to the lien provided for by NRS 366.590 is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to [such] the motor vehicle [shall] may be issued by the department [of motor vehicles] to the transferee or person otherwise entitled thereto until the department has issued a certificate that [such] the lien has been removed.
2. No license issued under chapter 706 of NRS with respect to a motor vehicle which becomes subject to the lien provided for by NRS 366.590 [shall] may be transferred until the department has issued a certificate that [such] the lien has been removed.
Sec. 136. NRS 371.020 is hereby amended to read as follows:
371.020 As used in this chapter [:] , unless the context otherwise requires:
1. Department means the department of motor vehicles [.] and public safety.
2. Vehicle means any vehicle required to be registered pursuant to the provisions of chapter 482 or 706 of NRS, except mobile homes as defined in NRS 482.067.
κ1985 Statutes of Nevada, Page 1988 (CHAPTER 618, SB 185)κ
Sec. 137. 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 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 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 in the manner set forth in section 1 of [this act.] Senate Bill No. 279 of this session.
Sec. 138. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils must be:
(a) In good condition and state of repair.
(b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Inspected semiannually by the department of motor vehicles and public safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the state board of education. The department of motor vehicles and public safety shall make written recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.
κ1985 Statutes of Nevada, Page 1989 (CHAPTER 618, SB 185)κ
recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take appropriate action to have [such] the defects corrected within 10 days after receiving notice of them from the department of motor vehicles [,] and public safety, he is guilty of a misdemeanor, and upon conviction thereof may be removed from office.
3. Except as otherwise provided in subsection 4, all vehicles used for transporting pupils must meet the specifications established by regulation of the state board of education.
4. Any bus which is purchased and used by a school district [for the purpose of transporting] to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the state board of education if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.
5. Any person violating any of the requirements of this section is guilty of a misdemeanor.
Sec. 139. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils to or from school, every school bus must be equipped with a flashing red-light system of a type approved by the department of motor vehicles [,] and public safety, and installed at the expense of the school district or operator. The driver shall operate this signal:
(a) When pupils are unloading from the bus.
(b) When the bus is stopped [for the purpose of loading] to load pupils.
(c) In times of emergency or accident.
2. In addition to the equipment required by subsection 1 and except as provided in subsection 4 of NRS 392.400, each school bus must be equipped and identified as required by the regulations of the state board of education.
3. The agents and employees of the department of motor vehicles and public safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of [such] the school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein the vehicles are operating.
4. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the department of motor vehicles [,] and public safety, he is guilty of a misdemeanor, and upon conviction thereof [shall] must be removed from office.
5. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 140. NRS 394.190 is hereby amended to read as follows:
394.190 1. The provisions of NRS 392.400 and 392.410 relating to the condition, equipment and identification of vehicles used for the transportation of pupils [shall] apply to private schools.
κ1985 Statutes of Nevada, Page 1990 (CHAPTER 618, SB 185)κ
to the condition, equipment and identification of vehicles used for the transportation of pupils [shall] apply to private schools.
2. All such vehicles [shall be] are subject to inspection at all times by agents and employees of the department of motor vehicles [,] and public safety, who shall report any violations discovered thereby to the executive head of [such] the private school.
3. If the executive head of [such] the private school [shall fail or refuse,] fails or refuses to take appropriate action to correct any such violation within 10 days after receiving [such] the report from the department of motor vehicles [, to take appropriate action to correct any such violation, he shall be] and public safety, he is guilty of a misdemeanor.
Sec. 141. NRS 439.270 is hereby amended to read as follows:
439.270 1. The state board of health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.
2. All physicians shall report immediately to the health division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.
3. The health division shall report, in writing, to the department of motor vehicles and public safety the name, age and address of every person reported to it as a case of epilepsy.
4. [Such reports shall be] The reports are for the information of the department of motor vehicles and public safety and [shall] must be kept confidential and used solely [for the purpose of determining] to determine the eligibility of any person to operate a vehicle on the streets and highways of this state.
5. A violation of this section [shall constitute] is a misdemeanor.
Sec. 142. NRS 444.740 is hereby amended to read as follows:
444.740 1. Regulations of the commission must provide for safety in packaging, handling, transport and disposal of hazardous waste, including safety of vehicles and drivers, and may provide for the licensing and other necessary regulation of generators and transporters, including shippers, brokers and carriers, both intrastate and interstate, who transport that waste or cause it to be transported into or through Nevada or for disposal in Nevada.
2. The regulations may include provisions for:
(a) Fees to pay the cost of inspection and other regulation; and
(b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.
3. Designated employees of the department, [inspectors and peace officers of the motor carrier division of the department of motor vehicles,] the public service commission of Nevada and the Nevada highway patrol shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.
κ1985 Statutes of Nevada, Page 1991 (CHAPTER 618, SB 185)κ
Sec. 143. NRS 445.451 is hereby amended to read as follows:
445.451 1. The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:
(a) The director of the department of wildlife;
(b) The state forester firewarden;
(c) The state engineer;
(d) The executive director of the state department of agriculture;
(e) The executive director of the department of minerals;
(f) A member of the state board of health to be designated by that board; and
(g) Four members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.
2. The governor shall appoint the chairman of the commission from among the members.
3. A majority of the members constitutes a quorum and a majority of those present must concur in any decision.
4. Each member who is appointed by the governor is entitled to receive a salary of $60 for each days attendance at a meeting of the commission.
5. Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.
6. The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles [,] and public safety, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.
Sec. 144. NRS 445.610 is hereby amended to read as follows:
445.610 As used in NRS 445.610 to 445.710, inclusive, unless the context otherwise requires:
1. Approved inspector means a person licensed by the department of motor vehicles and public safety to inspect motor vehicles and devices for the control of pollution for an authorized station.
2. Authorized station means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and [pollution control] devices for the control of pollution for compliance with this chapter or any applicable federal or [commission] regulation of the commission and for installing, repairing and adjusting [pollution control devices and motor vehicles] such devices to meet the commissions requirements.
κ1985 Statutes of Nevada, Page 1992 (CHAPTER 618, SB 185)κ
of motor vehicles and public safety for inspecting motor vehicles and [pollution control] devices for the control of pollution for compliance with this chapter or any applicable federal or [commission] regulation of the commission and for installing, repairing and adjusting [pollution control devices and motor vehicles] such devices to meet the commissions requirements.
[2.] 3. Commission means the state environmental commission.
[3.] 4. Evidence of compliance includes a certificate issued when a motor vehicle has been inspected and:
(a) Has the required equipment; or
(b) Does not meet the [emission control] requirements for the control of emissions after the repairs have been made and the commission waives compliance.
[4.] 5. Fleet station means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.
[5.] 6. Motor vehicle means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.
Sec. 145. NRS 445.625 is hereby amended to read as follows:
445.625 1. The commission, in cooperation with the department of motor vehicles [,] and public safety, shall adopt regulations which establish procedures for collecting, interpreting and correlating information concerning programs to control emissions from motor vehicles and any benefits which result from an inspection program.
2. All information received by the commission or the department of motor vehicles and public safety is open to public inspection.
Sec. 146. NRS 445.630 is hereby amended to read as follows:
445.630 1. In any county [having a population of] whose population is 100,000 or more, the commission shall, in cooperation with the department of motor vehicles and public safety and any local air pollution control agency, adopt regulations for the control of [motor vehicle] emissions from motor vehicles in areas of the county designated by the commission.
2. In [counties having a population of] any county whose population is less than 100,000, if the commission determines that it is feasible and practicable to carry out a program of inspecting and testing motor vehicles and [motor vehicle emission control systems,] systems for the control of emissions from motor vehicles, and if carrying out the program is deemed necessary to achieve or maintain the prescribed [ambient air quality] standards for the quality of ambient air in areas of the state designated by the commission, the commission shall, in cooperation with the department of motor vehicles and public safety and any local air pollution control agency established under NRS 445.546 which has jurisdiction in a designated area, adopt regulations and transportation controls as may be necessary to carry out the program.
κ1985 Statutes of Nevada, Page 1993 (CHAPTER 618, SB 185)κ
3. The regulations shall distinguish between light-duty and heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the approval, installation and use of [motor vehicle pollution control devices;] devices for the control of emissions from motor vehicles; and
(b) Requirements for the proper maintenance of [motor vehicle pollution control] such devices and motor vehicles.
4. The regulations shall establish:
(a) Requirements by which the department of motor vehicles and public safety shall license authorized stations to inspect, repair, adjust and install [motor vehicle pollution control devices,] devices for the control of emissions for motor vehicles, including criteria by which any person may become qualified to inspect, repair, adjust and install those devices.
(b) Requirements by which the department of motor vehicles and public safety may license an owner or lessee of a fleet of three or more vehicles as a fleet station if the owner or lessee complies with the regulations of the commission. The fleet station shall only certify vehicles which constitute that fleet.
(c) Requirements by which the department provides for inspections of motor vehicles owned by this state and any of its political subdivisions.
5. The commission shall consider, before adopting any regulation or establishing any criteria pursuant to paragraph (a) of subsection 3:
(a) The availability of devices adaptable to specific makes, models and years of motor vehicles.
(b) The effectiveness of those devices for reducing the emission of each type of air pollutant under conditions in this state.
(c) The capability of those devices for reducing any particular type or types of pollutants without significantly increasing the emission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce and distribute the particular device in such quantities and at such times as will meet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the device and the cost of its installation and maintenance over the life of the device and the motor vehicle.
(f) The ease of determining whether any such installed device is functioning properly.
Sec. 147. NRS 445.632 is hereby amended to read as follows:
445.632 1. The department of motor vehicles and public safety shall adopt regulations which:
(a) Prescribe requirements for licensing authorized stations and fleet stations;
(b) Prescribe the manner in which the stations inspect motor vehicles and issue evidence of compliance;
(c) Prescribe the diagnostic equipment necessary to perform the required inspection;
κ1985 Statutes of Nevada, Page 1994 (CHAPTER 618, SB 185)κ
(d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445.610 to 445.670, inclusive; and
(e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet [shall] must contain information explaining the reasons for and the methods of the inspections.
2. The department of motor vehicles and public safety shall issue a copy of the regulations to each authorized station and to each fleet station.
Sec. 148. NRS 445.634 is hereby amended to read as follows:
445.634 1. The department of motor vehicles and public safety shall establish procedures for inspecting the authorized stations and the fleet stations and may require [a station] the holder of a license for an authorized station to submit any material or document which is used [by the station in its] in the inspection program.
2. The department may deny, suspend or revoke the license of [a] an approved inspector or authorized station if:
(a) The approved inspector or the holder of a license for an authorized station is not complying with the provisions of NRS 445.610 to 445.670, inclusive.
(b) The [owner of the] holder of a license for an authorized station refuses to furnish the department with the requested material or document.
(c) The [station] approved inspector has issued a fraudulent certificate of compliance whether intentionally or negligently. A fraudulent certificate includes, but is not limited to:
(1) A [back-dated] backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow the prescribed test procedure.
Sec. 149. NRS 445.650 is hereby amended to read as follows:
445.650 The provisions of NRS 445.640 do not apply to:
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing of vehicles, if there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not based in this state.
3. Transfer of registration if evidence of compliance was issued within 90 days before the transfer.
4. Motor vehicles which have been licensed by the department of motor vehicles and public safety as experimental vehicles.
Sec. 150. NRS 445.660 is hereby amended to read as follows:
445.660 In furtherance of the provisions of NRS 445.610 to 445.710, inclusive, and the enforcement thereof, the state department of conservation and natural resources shall consult with the department of motor vehicles and public safety and furnish them with technical information, including testing techniques, procedures for quality assurance and standards adopted by the commission and instruction for emission control features and equipment.
κ1985 Statutes of Nevada, Page 1995 (CHAPTER 618, SB 185)κ
motor vehicles and public safety and furnish them with technical information, including testing techniques, procedures for quality assurance and standards adopted by the commission and instruction for emission control features and equipment.
Sec. 151. NRS 445.670 is hereby amended to read as follows:
445.670 1. Except as provided in subsection 2, [registration] branch offices of the department of motor vehicles and public safety and county tax assessor offices, acting as agents of the department [agents] in the collection of [registration fees,] fees for registration, shall not register a vehicle which is based in areas of this state designated by the commission until evidence of compliance with NRS 445.610 to 445.710, inclusive, has been provided.
2. An owner or lessee of a fleet of three or more vehicles may, upon application to the department of motor vehicles [,] and public safety, submit evidence of compliance for his motor vehicles in a manner determined by [the] that department.
Sec. 152. NRS 445.700 is hereby amended to read as follows:
445.700 1. In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control fund which is hereby created as a special revenue fund:
(a) For the issuance and annual renewal of license for an authorized station or a fleet station....................................................................................................... $25
(b) For each set of 25 forms certifying emission control compliance.......... 75
(c) For each form issued to a fleet station....................................................... 3
2. All fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.
3. The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection [fees] at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.
Sec. 153. NRS 445.705 is hereby amended to read as follows:
445.705 It is unlawful for any person to:
1. Possess any unauthorized evidence of compliance;
2. Make, issue or use any imitation or counterfeit evidence of compliance;
3. Willfully and knowingly fail to comply with the provisions of NRS 445.610 to 445.670, inclusive, or any regulation adopted by the department of motor vehicles [;] and public safety; or
4. Issue evidence of compliance if he is not a licensed inspector of an authorized station or a fleet station.
Sec. 154. NRS 445.710 is hereby amended to read as follows:
445.710 1. A violation of any provision of NRS 445.610 to 445.710, inclusive, relating to motor vehicles, or any [rule or regulation promulgated] regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445.610 to 445.710, inclusive, or any [rule or regulation promulgated] regulation adopted pursuant thereto, [shall] must be enforced by any peace officer.
κ1985 Statutes of Nevada, Page 1996 (CHAPTER 618, SB 185)κ
inclusive, or any [rule or regulation promulgated] regulation adopted pursuant thereto, [shall] must be enforced by any peace officer.
2. Satisfactory evidence that the motor vehicle or its equipment conforms to [such provisions, rules] those provisions or regulations, when supplied by the owner of [such] the motor vehicle to the department of motor vehicles and public safety within 10 days after the issuance of a citation pursuant to subsection 1 , may be accepted by the court as a complete or partial mitigation of the offense.
Sec. 155. NRS 451.573 is hereby amended to read as follows:
451.573 1. A person who makes a gift of all or part of his body may attach written permission for a physician to carry out the appropriate procedures on a drivers license or an identification card issued by the department of motor vehicles [.] and public safety.
2. The department and its representatives are not liable for damages in a civil action or subject to prosecution in any criminal proceeding on account of any entry on or document attached to a drivers license or an identification card issued by the department.
Sec. 156. NRS 453.076 is hereby amended to read as follows:
453.076 Division means the investigation division of the department of motor vehicles [.] and public safety.
Sec. 157. NRS 453.690 is hereby amended to read as follows:
453.690 1. Every person or institution authorized to dispense or administer narcotic drugs shall furnish to the health division of the department, the investigation division of the department of motor vehicles and public safety and the state board of pharmacy such information as the health division or the board may require by [regulations.] regulation.
2. Every public official or employee having duties to perform with respect to narcotic drugs shall furnish to the health division of the department, the investigation division of the department of motor vehicles and public safety and the state board of pharmacy such information as the regulations of the health division or the board may require.
Sec. 158. NRS 454.700 is hereby amended to read as follows:
454.700 Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety may remove any record required to be kept by state or federal law or regulation including prescriptions from a prescription file, if the record in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the record is substituted therefor. Both the copy and the original record must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original record, on that date, also appears on the copy thereof.
Sec. 159. NRS 459.250 is hereby amended to read as follows:
459.250 1. [Inspectors and peace officers of the motor carrier division of the department of motor vehicles,] Peace officers of the public service commission of Nevada and the Nevada highway patrol shall enforce those provisions of NRS 459.221 and 706.441 which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the state board of health.
κ1985 Statutes of Nevada, Page 1997 (CHAPTER 618, SB 185)κ
division of the department of motor vehicles,] Peace officers of the public service commission of Nevada and the Nevada highway patrol shall enforce those provisions of NRS 459.221 and 706.441 which govern the transport and handling of radioactive waste as they affect the safety of drivers or vehicles, the leakage or spill of radioactive waste from its package or the emission of ionizing radiation in an unsafe amount as established by the regulations of the state board of health.
2. The [inspector or] peace officer may:
(a) Impound a vehicle with unsafe equipment; or
(b) Detain a vehicle, if any [such] waste has leaked or spilled from its package or if he has detected the emission of ionizing radiation in an unsafe amount, and order the driver of the vehicle to park it in a safe place, as determined by an officer designated by the health division of the department of human resources, pending remedial action by that division.
3. After a vehicle has been so detained, an officer designated by the health division of the department of human resources may order:
(a) The vehicle to be impounded;
(b) The leaked or spilled waste to be cleaned up;
(c) The contents of any unsafe or leaking package to be repackaged; or
(d) Any other appropriate precaution or remedy,
at the expense of the shipper or broker, carrier or other person who is responsible as determined by the health division of the department of human resources.
Sec. 160. NRS 582.090 is hereby amended to read as follows:
582.090 1. The state sealer of weights and measures shall designate a reasonable fee to be charged by public weighmasters for weighing. [Such fee shall] The fee must be retained by the public weighmaster as compensation for his services.
2. The department of motor vehicles [,] and public safety, under the provisions of chapters 482 and 706 of NRS, may collect a fee, not to exceed $1, for each vehicle weighed by [the] that department.
Sec. 161. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff or city policeman;
2. A chief, inspector supervisor, commercial officer, or [patrolman] trooper 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] and public safety;
4. An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles [;
6.] and public safety;
5. An investigator of the bureau of enforcement of the registration division of the department of motor vehicles [;
κ1985 Statutes of Nevada, Page 1998 (CHAPTER 618, SB 185)κ
7.] and public safety;
6. A member of the police department of the University of Nevada System; and
[8.] 7. A uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies.
Sec. 162. NRS 639.236 is hereby amended to read as follows:
639.236 1. All prescriptions filled in any pharmacy must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for controlled substances listed in Schedule II pursuant to chapter 453 of NRS must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions must be retained on file for at least 5 years.
2. Each prescription on file must bear the date on which it was originally filled and be personally signed or initialed by the registered pharmacist who filled it.
3. Files of prescriptions are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles [.] and public safety.
Sec. 163. NRS 639.238 is hereby amended to read as follows:
639.238 1. Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:
(a) The patient for whom the original prescription was issued;
(b) The practitioner who originally issued the prescription;
(c) A practitioner who is then treating the patient;
(d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the investigation division of the department of motor vehicles [;] and public safety;
(e) An agency of state government charged with the responsibility of providing medical care for the patient;
(f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information; or
(g) Any person [duly] authorized by a district court order.
2. Any copy of a prescription for a controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face, Copy, Not RefillableFor Reference Purposes Only; and such a copy must bear the name or initials of the registered pharmacist who prepared the copy.
3. If a copy of a prescription for any controlled substance as defined in chapter 453 of NRS or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
κ1985 Statutes of Nevada, Page 1999 (CHAPTER 618, SB 185)κ
voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.
4. If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.
Sec. 164. NRS 639.239 is hereby amended to read as follows:
639.239 Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety are authorized to remove an original prescription from a prescription file, if the prescription in question is considered necessary as evidence in a criminal action or an administrative proceeding, or contemplated proceeding, and if a true copy containing all of the information appearing on the prescription is substituted therefor. Both the copy and the original prescription must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.
Sec. 165. NRS 690B.020 is hereby amended to read as follows:
690B.020 1. No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle; but no such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as uninsured vehicle coverage.
2. The amount of coverage to be provided must be not less than the minimum limits for bodily injury liability insurance provided for under [the Motor Vehicle Safety Responsibility Act (] chapter 485 of NRS , [),] but may be in an amount not to exceed the bodily injury coverage purchased by the policyholder.
3. For the purposes of this section the term uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the department of motor vehicles and public safety evidence of financial responsibility as required by chapter 485 of NRS;
κ1985 Statutes of Nevada, Page 2000 (CHAPTER 618, SB 185)κ
(b) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;
(d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
(e) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223 to 484.227, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.
4. For the purposes of this section the term uninsured motor vehicle also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:
(a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;
(b) The occurrence out of which legal liability arose took place while the uninsured motor vehicle coverage required under paragraph (a) was in effect; and
(c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.
Nothing contained in this subsection prevents any insurer from providing insolvency protection to its insureds under more favorable terms.
5. If payment is made to any person under uninsured motor vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.
6. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles and public safety in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
Sec. 166. NRS 703.155 is hereby amended to read as follows:
703.155 1. 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 and public safety pertaining to chapters 704, 705 and 706 of NRS.
κ1985 Statutes of Nevada, Page 2001 (CHAPTER 618, SB 185)κ
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 and public safety pertaining to chapters 704, 705 and 706 of NRS.
2. The commissions inspectors and the manager of transportation are peace officers for the enforcement of chapters 482, 704, 705 and 706 of NRS.
3. The 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. 167. NRS 706.061 is hereby amended to read as follows:
706.061 Department means the department of motor vehicles [.] and public safety.
Sec. 168. NRS 706.836 is hereby amended to read as follows:
706.836 Each fee required to be paid by NRS 706.801 to 706.861, inclusive, [shall] must be payable to the same department as if NRS 706.801 to 706.861, inclusive, had not been adopted, except that the department of motor vehicles and public safety is hereby authorized to accept the [registration] fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of NRS 706.826.
Sec. 169. NRS 706.841 is hereby amended to read as follows:
706.841 1. Each operator shall qualify to operate under NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the department of motor vehicles and public safety before the time any fee becomes delinquent.
2. The application must:
(a) Show the total mileage of motor vehicles operated by the person in all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the period of registration [period] in such detail as the department may require.
(b) Be accompanied by a fee, unless the department is satisfied that the fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount of money necessary, whether for fees or taxes, to register all vehicles in the fleet for which registration is requested;
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1);
(4) To the product obtained under subparagraph (3), add a service charge of $4 for each motor vehicle listed in the application; and
(5) To the sum obtained in subparagraph (4), add a minimum charge of $3 for the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.
κ1985 Statutes of Nevada, Page 2002 (CHAPTER 618, SB 185)κ
Sec. 170. NRS 706.846 is hereby amended to read as follows:
706.846 Upon the payment of all fees required under NRS 706.801 to 706.861, inclusive, or upon being satisfied that [such] the fee is secured and upon compliance with the laws of this state in order to register [such] the vehicles, the department of motor vehicles and public safety shall register them, and [shall] issue plates, licenses, emblems, certificates or other devices for [such] the vehicles in the same manner as otherwise provided by law, except that [such vehicles shall not be] the vehicles may not be so registered unless they are registered and [have paid fees] the fees for the vehicles have been paid pursuant to law in some other state.
Sec. 171. NRS 706.8822 is hereby amended to read as follows:
706.8822 The administrator shall conduct administrative hearings and make final decisions, subject to appeal by any aggrieved party to the taxicab authority, in the following matters:
1. Any violation relating to the issuance of or transfer of [motor carrier] license plates for motor carriers required by either the taxicab authority or the department of motor vehicles [;] and public safety;
2. Complaints against certificate holders;
3. Complaints against taxicab drivers;
4. Applications for, or suspension or revocation of, drivers permits which may be required by the administrator; and
5. Imposition of monetary penalties.
Sec. 172. NRS 706.8828 is hereby amended to read as follows:
706.8828 1. A certificate holder shall file with the administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.
2. The insurance policy specified in subsection 1 must:
(a) Provide the following coverage:
For injury to one person in any one accident.................................... $100,000
For injury to two or more persons in any one accident................... 300,000
For property damage in any one accident.......................................... 10,000
(b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days written notice to the certificate holder and administrator; and
(c) Contain such other [notice] provisions concerning notice as may be required by law to be given to the certificate holder.
3. If an insurance policy is canceled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.
4. A certificate holder to whom the drivers license division of the department of motor vehicles and public safety has issued a certificate of self-insurance may self- insure the first $50,000, combined single-limit, per accident, of the coverage required by subsection 2.
Sec. 173. Section 1 of chapter 21, Statutes of Nevada 1985, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 2003 (CHAPTER 618, SB 185)κ
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
Regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 472.040, 481.048, 501.349, 565.155, 703.155 or 706.8821.
Sec. 174. Section 1 of Senate Bill No. 279 of this session is hereby amended to read 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 and public safety on its behalf;
(b) A county assessor or his employee as an agent of the department of motor vehicles and public safety; or
(c) A person licensed by the department of motor vehicles and public safety 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 and public safety 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 and public safety shall establish and make available a form for an authorized appraisal.
4. The department of motor vehicles and public safety shall retain a copy of the appraisal and 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 and public safety 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 and public safety 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 and public safety shall use:
κ1985 Statutes of Nevada, Page 2004 (CHAPTER 618, SB 185)κ
(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. 175. NRS 481.049, 481.0491, 482.025, 482.027, 483.060, 485.029, 486.021 and 487.040 are hereby repealed.
Sec. 176. 1. This section and sections 173 and 174 of this act become effective upon passage and approval.
2. Sections 14, 17, 19, 26, 41, 44, 74, 115, 120, 125, 137 and 161 of this act become effective at 12:01 a.m. on July 1, 1985.
3. Sections 67 and 166 of this act become effective at 12:02 a.m. on July 1, 1985.
Sec. 177. 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:
1. Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.
2. If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.
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κ1985 Statutes of Nevada, Page 2005κ
Assembly Bill No. 581Assemblyman Humke (by request)
CHAPTER 619
AN ACT relating to pharmacy; allowing the substitution of a generic drug for a brand name drug unless the physician indicates otherwise on the prescription; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.2583 is hereby amended to read as follows:
639.2583 If a practitioner has prescribed a drug by brand name and has not indicated that a substitution [may be made,] is prohibited, a pharmacist:
1. Shall, in a case where he is being paid for the drug by a governmental agency; and
2. May, in any other case,
fill the prescription with another drug which is available to him, is less expensive than the drug prescribed, is biologically equivalent, has the same active ingredient or ingredients of the same strength, quantity and form of dosage and is of the same generic type as the drug prescribed. The pharmacist may also make such a substitution if the prescription was written by a practitioner from outside this state and indicates that a substitution may be made.
Sec. 2. NRS 639.2589 is hereby amended to read as follows:
639.2589 1. The form for any prescription which is issued or intended to be filled in this state must contain [two lines] a line for the signature of the prescriber [. The line on the left must be printed above the words substitution permitted, and the line on the right must be printed above the words dispense as written.] the printed words dispense only as written and a box near that statement for the purpose of indicating that a substitution may not be made.
2. Substitutions may be made in filling prescriptions contained in physicians orders in skilled nursing facilities and intermediate care facilities. Each page of the document which contains the physicians order must be printed with the words: The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.
3. Substitutions may be made in filling prescriptions ordered on a patients chart in a hospital if the hospitals medical staff has approved a formulary for specific generic substitutions.
Sec. 3. This act becomes effective on July 1, 1986.
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κ1985 Statutes of Nevada, Page 2006κ
Assembly Bill No. 696Committee on Judiciary
CHAPTER 620
AN ACT relating to medical malpractice; establishing screening panels to review claims against physicians and hospitals; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 3. Division means the insurance division of the department of commerce.
Sec. 4. Medical malpractice means the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.
Sec. 5. Physician means a person licensed pursuant to chapter 630 or 633 of NRS.
Sec. 6. If a person brings an action in court for medical malpractice concerning a member of his family, no bond may be required pursuant to section 18 or 18.5 of this act.
Sec. 7. (Deleted by amendment.)
Sec. 8. The division, through the commissioner of insurance:
1. Shall select the members of the screening panels;
2. Shall schedule the hearings for those panels;
3. Shall obtain such medical records as may be required by the screening panel to carry out its duties;
4. May authorize extensions of time for the proceedings involving a screening panel; and
5. May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to sections 2 to 19, inclusive, of this act.
Sec. 8.5. An account for the screening panels is hereby created in the state general fund. The division shall administer this account. Any money received by the division pursuant to the provisions of sections 2 to 19, inclusive, of this act must be credited to this account and may be used to pay the administrative costs of the screening panels.
Sec. 9. There are hereby created two tentative screening panels, one to be known as the northern panel, from which must be selected screening panels to sit in Reno, Nevada, to hear claims of medical malpractice arising in the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one to be known as the southern panel, from which must be selected screening panels to sit in Las Vegas, Nevada, to hear claims of medical malpractice arising in the counties of Lincoln, Nye, Esmeralda and Clark.
κ1985 Statutes of Nevada, Page 2007 (CHAPTER 620, AB 696)κ
which must be selected screening panels to sit in Las Vegas, Nevada, to hear claims of medical malpractice arising in the counties of Lincoln, Nye, Esmeralda and Clark.
Sec. 10. 1. The board of governors of the Nevada Trial Lawyers Association shall designate 20 of its members to serve on the northern tentative screening panel and 20 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
2. The executive committee of the Nevada State Medical Association shall designate 20 of its members to serve on the northern tentative screening panel and 20 of its members to serve on the southern tentative screening panel. Each person so designated shall serve for a term of 1 year.
3. The Nevada Hospital Association shall designate 20 administrators of hospitals to serve as nonvoting members of the tentative screening panels. Each person so designated shall serve for a term of 1 year.
Sec. 11. 1. Within 15 days after the expiration of the time in which to answer the complaint of medical malpractice, the division shall provide to both parties lists of the names of the attorneys, physicians and, if a hospital is also named in the complaint, the administrators of hospitals on the tentative screening panel for the geographical area involved. A party may challenge any person on the tentative screening panel for cause. Each party shall return the lists, with challenges for cause, if any, and a concise statement of the ground for any challenge, to the division within 5 days after he receives the lists.
2. The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members with 7 days after it makes the determination pursuant to the rules adopted by the division.
3. Each party is entitled to not more than:
(a) Three peremptory challenges from the list of attorneys; and
(b) Three peremptory challenges from the list of physicians,
and shall notify the division of the challenges within 5 days after the party receives the lists of the members remaining after any challenges for cause.
4. The division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital, to serve on the screening panel for review of a claim of medical malpractice, but an administrator of a hospital may not vote on any claim before the screening panel.
5. The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list.
Sec. 12. 1. The members of the screening panel shall elect one member to serve as chairman.
κ1985 Statutes of Nevada, Page 2008 (CHAPTER 620, AB 696)κ
2. A screening panel is a state agency. The rules adopted pursuant to section 8 of this act apply to all screening panels.
Sec. 13. 1. A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $250 must accompany the complaint. A copy of the complaint must be delivered by certified or registered mail to the person against whom the complaint is made.
2. The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice.
3. The person against whom a complaint is made must, within 30 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $250.
Sec. 14. 1. The division may issue subpenas to compel the attendance of expert witnesses and the production of books and papers.
2. If any expert witness refuses to attend or testify or if any person refuses to produce any books or papers as required by the subpena, the division may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the expert witness or for the production of the books or papers;
(b) The expert witness or the person required to produce the books or papers has been subpenaed by the division pursuant to this section; and
(c) The expert witness has failed or refused to attend or the person has failed or refused to produce the books or papers required by the subpena before the screening panel named in the subpena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the expert witness to attend and testify or the other person to produce the books or papers before the screening panel.
3. Upon receiving such a petition, the court shall enter an order directing the expert witness or other person to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and show cause why he has not attended or testified or produced the books or papers before the screening panel. A certified copy of the order must be served upon the expert witness or other person.
4. If it appears to the court that the subpena was regularly issued by the division, the court shall enter an order that the expert witness or other person appear before the screening panel at the time and place fixed in the order and testify or produce the required books or papers, and upon his failure to obey the order the expert witness or other person must be dealt with as for contempt of court.
Sec. 15. 1. The screening panel shall consider all the documentary material, including the complaint and answer, any medical records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical malpractice and that the claimant was injured thereby.
κ1985 Statutes of Nevada, Page 2009 (CHAPTER 620, AB 696)κ
complained of constitute medical malpractice and that the claimant was injured thereby.
2. Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:
(a) The board of medical examiners of the State of Nevada; and
(b) The county medical society of the county in which the alleged malpractice occurred.
3. The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.
4. The written findings must be rendered within 30 days after the review and must be in substantially the following form:
(a) Based upon a review of the written medical records of this claim and the testimony of medical experts (if any were called) we find that there is a reasonable probability of medical malpractice and that the claimant was injured thereby;
(b) Based upon a review of the written medical records of this claim and the testimony of medical experts (if any were called) we find that there is no reasonable probability of medical malpractice; or
(c) Based upon a review of the written medical records of this claim and the testimony of medial experts (if any were called) we are unable to reach a decision on the issue of medical malpractice.
Sec. 16. 1. No cause of action involving medical malpractice may be filed until the medical malpractice case has been submitted to an appropriate screening panel and a determination made by such panel as provided in sections 2 to 19, inclusive, of this act and any action filed without satisfying the requirements of those sections is subject to dismissal without prejudice for failure to comply with this section.
2. The written findings of the screening panel are admissible in any action concerning that complaint which is subsequently filed in district court. No other evidence concerning the screening panel or its deliberations is admissible and no member of the screening panel may be called to testify in any such action.
Sec. 17. 1. Upon the request of the division or counsel for a patient, a custodian of any medical records shall not allow anyone to review any of those records relevant to a complaint filed with the division before those records are transferred to a requesting party or the authority issuing the subpena.
2. A violation of this subsection is punishable as a misdemeanor.
Sec. 18. 1. If the screening panel finds in favor of the claimant and a cause of action involving medical malpractice is thereafter filed in district court, a conference for settlement must be held as provided in section 18.5 of this act.
2. If the determination is not in favor of the claimant, the claimant may file an action in court after posting a $5,000 bond or its equivalent with the division pending a final adjudication on the merits. If the claimant does not obtain a judgment in his favor in court, the bond is forfeited, and the money must be deposited in the account for the screening panels.
κ1985 Statutes of Nevada, Page 2010 (CHAPTER 620, AB 696)κ
forfeited, and the money must be deposited in the account for the screening panels.
3. If the screening panel is unable, for any reason, to reach a decision, the claimant may file a civil action or proceed no further with the complaint.
Sec. 18.5. 1. In any action for medical malpractice filed in a district court after a determination by a screening panel that there is a reasonable probability that medical malpractice occurred and that the plaintiff was injured thereby, the judge shall order the plaintiff, the defendant, the representative of the physicians insurer and, if applicable, the hospitals insurer and their attorneys to attend a conference for settlement to determine the amount of the plaintiffs damages. The judge may, for good cause shown, waive the attendance of any party. The judge shall decide what information the parties may submit at the conference.
2. In any such action, the responsive pleading of the defendant must be accompanied by a notice to the clerk of the court that the case is ready for a conference for settlement. The clerk shall immediately notify the judge of the receipt of that notice. The judge shall notify the parties, within 7 days after the receipt of the notice, of the time and place of the conference, which must not be later than 60 days after the receipt of the notice. The judge may, for good cause shown, continue the conference for a period not to exceed 30 days. Only one such continuance may be granted.
3. Within 30 days after the conference, the judge shall determine, solely from the information submitted at the conference, the reasonable value of the claim for purposes of settlement and shall so notify the parties.
4. Within 14 days after receipt of the determination of the judge, the defendant shall offer to the plaintiff the amount determined by the judge or reject the determination. If the defendant rejects the determination, he shall post a $5,000 bond or its equivalent with the division pending a final adjudication on the merits. If the plaintiff is awarded an amount equal to or greater than the amount of the determination, the bond is forfeited, and the money must be deposited in the account for the screening panels.
5. Within 14 days after the receipt of the defendants offer of the amount determined by the judge, the plaintiff shall accept or reject the offer. If the plaintiff rejects the offer, he shall post a $5,000 bond or its equivalent with the division pending a final adjudication on the merits. If the plaintiff is awarded an amount equal to or less than the amount of the offer, the bond is forfeited, and the money must be deposited in the account for the screening panels.
6. Upon application of either party filed within 14 days after the posting of a bond pursuant to this section, the judge who presided over the conference shall recuse himself from further proceedings concerning the action, and another judge must be appointed to take his place. No fee may be charged for filing this application.
κ1985 Statutes of Nevada, Page 2011 (CHAPTER 620, AB 696)κ
Sec. 18.6. In any action for medical malpractice tried before a jury, the following instructions must be given:
1. If testimony of a medical expert was given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based upon a review of medical records and the testimony of a medical expert based upon his review of those records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
2. If testimony of a medical expert was not given at the review by the screening panel:
During the course of this trial certain evidence was admitted concerning the findings of a screening panel. The findings of the panel were based solely upon a review of the medical records. These findings are to be given the same weight as any other evidence, but are not conclusive on your determination of the case.
Sec. 18.7. A bond is not subject to forfeiture pursuant to section 18 or 18.5 of this act until there is a final adjudication on the merits. If a claim is settled before a final adjudication on the merits is made, the bond may be exonerated by stipulation of the parties.
Sec. 19. The provisions of chapter 241 of NRS do not apply to any meeting of a screening panel.
Sec. 20. NRS 41A.097 is hereby amended to read as follows:
41A.097 1. Except as provided in subsection 2, an action for injury or death against a provider of health care shall not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or wrongful death of a person, based upon alleged professional negligence of the provider of health care;
(b) Injury to or wrongful death of a person from professional services rendered without consent; or
(c) Injury to or wrongful death of a person from error or omission in practice by the provider of health care.
2. This time limitation is tolled [for] :
(a) For any period during which the provider of health care has concealed any act, error or omission upon which [such] the action is based and which is known or through the use of reasonable diligence should have been known to him.
(b) In any action pursuant to sections 2 to 19, inclusive, of this act, from the date a claimant files a complaint for review by a screening panel until the panel notifies the claimant, in writing, of its findings.
3. For purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1. If the parent, guardian or custodian fails to commence an action on behalf of [such] that child within the prescribed period of limitations, [such child shall not be permitted to] the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:
κ1985 Statutes of Nevada, Page 2012 (CHAPTER 620, AB 696)κ
action on behalf of [such] that child within the prescribed period of limitations, [such child shall not be permitted to] the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of:
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
4. As used in this section, provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, or a licensed hospital as the employer of any such person.
Sec. 21. NRS 49.245 is hereby amended to read as follows:
49.245 There is no privilege under NRS 49.225 or 49.235:
1. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.
2. As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.
3. As to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.
4. In a prosecution or mandamus proceeding under chapter 441 of NRS.
5. As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.
6. As to any communication placed in health care records which are furnished in accordance with the provisions of NRS 629.061.
7. As to records that are required by chapter 453 of NRS to be maintained.
8. In a review before a screening panel pursuant to sections 2 to 19, inclusive, of this act.
Sec. 22. NRS 630.364 is hereby amended to read as follows:
630.364 The board of medical examiners, a medical review panel of a hospital, a screening panel or any of its members, acting pursuant to sections 2 to 19, inclusive, of this act, a medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning a claim of malpractice against a physician or the discipline of a physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
κ1985 Statutes of Nevada, Page 2013 (CHAPTER 620, AB 696)κ
Sec. 23. 1. Subsection 4 of section 8 of this act becomes effective on July 1, 1985.
2. All other provisions of this act become effective on January 1, 1986.
Sec. 24. The provisions of this act expire by limitation on June 30, 1989.
________
Senate Bill No. 160Senators Wilson, Bilbray, Foley, Gibson, Glover, Hickey, Horn, Jacobsen, Mello, Neal, Raggio, Robinson, Wagner, Townsend, OConnell, Rawson, Redelsperger, Rhoads, Shaffer and Vergiels
CHAPTER 621
AN ACT relating to revenue bonds; authorizing the director of the department of commerce to issue bonds for the purpose of financing the exportation of goods and the rendering of services abroad by Nevada businesses; and providing other matters properly relating thereto.
[Approved June 11, 1985]
whereas, The development of international trade in Nevada would benefit the economy of the state by promoting additional industrial and commercial enterprises which would attract more revenue into the state, provide more diversified occupational opportunities and contribute to the financial stability of the state; and
whereas, The financial assistance offered by the Federal Government to exporters is insufficient to meet the competition offered by foreign countries; and
whereas, Businesses in Nevada seeking to enter foreign markets face severe problems in financing their transactions; and
whereas, Other states have utilized, or are preparing to utilize, the resources of their state governments to facilitate, stimulate and promote international exports; and
whereas, Nevada has a responsibility to create opportunities for employment by encouraging and stimulating the development of international sales and markets by businesses in Nevada; and
whereas, Increased exports may best be stimulated by making financial assistances available to businesses in Nevada to develop and expand international markets and to ensure the competitiveness of Nevadas products and services in foreign markets, thereby increasing opportunities for employment to citizens of the state; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 35, inclusive, of this act.
κ1985 Statutes of Nevada, Page 2014 (CHAPTER 621, SB 160)κ
Sec. 2. It is the purpose of sections 2 to 35, inclusive, of this act, in the interest of promoting the general welfare of the people of the state, to further prosperity and employment throughout the state by encouraging the production of goods for export, the expansion of exports of goods and the rendering of services abroad by residents of Nevada through the establishment of a program which provides a source of guarantees for credit not otherwise available.
Sec. 3. As used in sections 2 to 35, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. Bonds means bonds, notes or other securities evidencing an obligation and issued under sections 2 to 35, inclusive, of this act.
Sec. 5. Director means the director of the department of commerce.
Sec. 6. Exporter means any person, the state and its political subdivisions or any agency of either, a legal representative of a trust or an estate, or their agents or assigns which is eligible for guaranteed funding.
Sec. 7. Guaranteed funding means a loan made to a participating financial institution which includes an agreement to excuse its repayment, under specified conditions, made for the purpose of financing an eligible transaction. A guarantee may cover a pool of eligible transactions.
Sec. 8. Loss means a loss incurred by an exporter on an eligible transaction because of:
1. The insolvency of the foreign customer or other failure of the customer to pay to the exporter when due, all or part of the money due from the transaction as denominated in United States currency; or
2. War, revolution, the diversion of goods, revocation of licenses, embargoes and other similar political incidents occurring in the customers country or any delay in obtaining payment in dollars.
Sec. 9. Participating financial institution means:
1. Any office or subsidiary of a foreign banking corporation licensed or approved by the administrator of financial institutions; or
2. Any bank, trust company, savings and loan association, credit union, thrift company or other financial institution organized under the laws of this state or organized under the laws of the United States and authorized to do business under the laws of this state,
which has received the approval of the director to participate in guaranteed funding for any eligible transaction.
Sec. 10. Program means the providing of guaranteed funding pursuant to sections 2 to 35, inclusive, of this act.
Sec. 11. 1. The director shall administer the provisions of sections 2 to 35, inclusive, of this act. The director may employ or contract for the services of attorneys, accountants, financial experts, and other advisers, employees, consultants and agents as the director may determine to be necessary.
κ1985 Statutes of Nevada, Page 2015 (CHAPTER 621, SB 160)κ
advisers, employees, consultants and agents as the director may determine to be necessary.
2. Before September of each even-numbered year the director shall submit a report of the operations of the department of commerce in connection with this program for the biennium ending June 30 of that year to the governor, the state treasurer and the legislative commission. This report must include a complete statement of the income, expenses, assets and liabilities of the program.
Sec. 12. The director may delegate the performance of any of the duties required under this program to any person within the department of commerce whom he designates.
Sec. 13. An exporting contract is a transaction eligible for guaranteed funding if, in the judgment of the director, it will create or maintain employment in Nevada and it:
1. Promotes the sale abroad of goods whose final stage of production occurs in Nevada and which constitutes at least 10 percent of the contract price;
2. Provides for the rendering of services abroad by a business located in Nevada if at least 10 percent of the contract price consists of wages or other payments made to persons normally residing in this state;
3. Promotes the sale abroad of goods distributed by a business located in Nevada if:
(a) At least 10 percent of the contract price consists of wages or other payments made to persons or businesses normally residing or located in this state, a governmental organization of this state or a combination thereof; or
(b) The business has a significant relationship with this state based upon:
(1) The amount of capital investments it has which are located in this state;
(2) The number of residents of this state who are employed by the business;
(3) The amount of business transacted in this state; or
(4) Any combination thereof; or
4. Provides both for the sale abroad of goods whose final stage of production occurs in Nevada and for the rendering of services abroad by residents of Nevada, the aggregate value of which is at least 10 percent of the contract price.
Sec. 14. 1. The director may provide guaranteed funding to a participating financial institution that is providing the financing for an eligible transaction, but the amount of this funding is limited to 90 percent of the principal of the loan made to the exporter. The exporter must insure or obtain a guarantee against nonpayment on the loan resulting from a loss. The maximum amount payable under any guarantee must be specifically set forth in a writing signed by the director.
2. The director shall not agree to provide guaranteed funding unless he finds that the guaranteed funding is reasonably necessary to stimulate or facilitate:
κ1985 Statutes of Nevada, Page 2016 (CHAPTER 621, SB 160)κ
he finds that the guaranteed funding is reasonably necessary to stimulate or facilitate:
(a) The making of a loan for an eligible transaction; or
(b) The financing of an eligible transaction by a participating financial institution or other private source that is not otherwise able to finance it.
3. The money provided by the director to the participating financial institution to guarantee the financing of an eligible transaction must be relent to the exporter by the participating financial institution for a term no shorter than and at a rate of interest no higher than that fixed by the director, excluding any usual and customary fees and charges for lending and the fee provided for in subsection 3 of section 18 of this act.
4. The director may condition the allowance of guaranteed funding upon such other terms and conditions as he determines to be desirable.
Sec. 15. Before any guaranteed funding is provided, the participating financial institution shall investigate the credit or sources of credit available to the exporter in order to determine the economic benefits to be derived from the guarantee, the prospects of repayment, and such other factors as are necessary to determine that the guaranteed funding is consistent with the purposes of the program.
Sec. 16. Any information submitted to or compiled by the director regarding the identity, background, finances, marketing plans, trade secrets or any other commercially sensitive affairs of the exporter is confidential, unless the exporter consents to its disclosure.
Sec. 17. The director shall by regulation establish fees to be charged a participating financial institution for providing guaranteed funding. The fees must be sufficient to cover the costs of administering the program and any premium the director pays for insuring the programs risk.
Sec. 18. 1. The director shall agree that the participating financial institution is excused from the payment to the director of the principal of or interest on the guaranteed funding to the extent of the exporters nonpayment resulting from a loss.
2. The institution shall, as a condition of its loan to the exporter, agree that if the exporter incurs a loss, he is excused from payment of the principal of or interest on the loan to the extent of the loss suffered by him or of the amount which that institution is excused from paying to the director, whichever is less.
3. The institution may charge the exporter a fee for the protection provided in subsection 2, but this fee must not exceed the fee charged by the director for providing guaranteed funding to that institution.
Sec. 19. If an exporter defaults on the participating financial institutions loan because of a loss and that institution is excused from repaying the guaranteed funding, the director is subrogated to the exporters rights against the foreign customer for payment and to the participating financial institutions rights against the exporter to the extent of any payment received by the exporter which reduces his loss for which his payment to the participating financial institution has previously been excused.
κ1985 Statutes of Nevada, Page 2017 (CHAPTER 621, SB 160)κ
Sec. 20. Any guarantee entered into by the director does not constitute a general obligation of the State of Nevada. A guarantee may not be terminated, canceled or otherwise revoked except in accordance with its terms. Any guarantee held by a participating financial institution is presumed to be valid.
Sec. 21. 1. If the director certifies to the governor that there is a need to issue revenue bonds to carry out the program and that it is feasible to do so, the governor may issue an executive order creating an advisory committee on financing exports, consisting of three members appointed by the director.
2. The director, in consultation with the executive director of the commission on economic development and with the approval of the governor, shall appoint to serve as members of the committee three persons who have proven experience in international trade and economic development which they acquired while engaged in finance, manufacturing, business administration, municipal finance, economics, law or general business.
3. After the initial terms, the term of each member is 3 years.
Sec. 22. 1. If the advisory committee on financing exports is created, it shall meet when requested by the director and at such other times as its chairman may designate.
2. A majority of the members of the committee constitutes a quorum.
3. The members of the committee shall elect a chairman and a secretary.
4. The committee shall adopt rules for its own management.
5. Each member of the committee is entitled to receive a salary of $60 for each days attendance at a meeting of the committee and the per diem allowances and travel expenses provided by law.
Sec. 23. 1. If the advisory committee on financing exports is created, it has only the powers and duties authorized by law.
2. If created, the committee shall review and make recommendations to the director concerning:
(a) Any regulations proposed by the director to carry out the program;
(b) The findings of the director pursuant to section 26 of this act; and
(c) Those long-term financial commitments for more than 1 year, limits on credit, and transactions, concerning any one exporter, which involve $50,000 or more.
Sec. 24. The director shall, before the issuance of any bonds, adopt regulations for the operation of the program, which must include provisions concerning the following:
1. The maximum aggregate amount of guaranteed funding available to any exporter and the maximum amount of guaranteed funding available for any transaction eligible for guaranteed funding;
2. The limits on the interest which may be charged for guaranteed funding or for loans to exporters;
κ1985 Statutes of Nevada, Page 2018 (CHAPTER 621, SB 160)κ
3. The fees which a participating financial institution may charge for making loans to exporters;
4. The nature and extent of any insurance which an exporter may be required to procure;
5. The collateral required on loans to exporters;
6. The terms of and the procedures for repayment on the guaranteed funding or on a loan;
7. The procedures for:
(a) Making an application for guaranteed funding;
(b) Disbursing the guaranteed funding to a participating financial institution;
(c) Making a claim on the guarantee in the event of a default;
(d) Collecting a loan in the event of a default; and
(e) Qualifying as a participating financial institution; and
8. The specific standards to be used to determine whether a business has a significant relationship with this state pursuant to paragraph (b) of subsection 3 of section 13 of this act.
Sec. 25. In the absence of fraud, malice or willful misconduct, the director or any person acting on his behalf is not personally liable on any contracts or other agreements entered into by him pursuant to the program or for any damage or injury resulting from the performance of his duties.
Sec. 26. 1. Subject to the limitations imposed by subsection 2, the director may, if he finds it feasible, issue revenue bonds to the extent necessary to provide sufficient money for guaranteed funding, pay the interest on the bonds until the proceeds are so used, procure insurance, create reserves to cover guarantees he is obligated to honor, and pay all other expenses incurred in providing guaranteed funding and administering the program.
2. Before any bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding bonds, the director shall submit to the advisory committee on financing exports, if created, his findings that:
(a) All of the conditions prerequisite to providing guaranteed funding, as set forth in sections 13 and 14 of this act, are met;
(b) A satisfactory plan of repayment or an assurance of repayment by a third party is available so as to make any bonds issued pursuant to this section marketable; and
(c) The anticipated revenues from the program are sufficient to repay the bonds issued pursuant to this section.
3. The advisory committee on financing exports, if created, shall recommend approval, with or without conditions, or disapproval of the findings of the director made pursuant to subsection 2. The director shall submit to the state board of finance a copy of his findings and the recommendations of the advisory committee on financing exports, if any. If the board approves, the director may proceed to issue the bonds in the amount approved, but the aggregate principal amount of the outstanding bonds issued must not exceed $50,000,000, exclusive of any bonds or obligations which have been refunded.
κ1985 Statutes of Nevada, Page 2019 (CHAPTER 621, SB 160)κ
the amount approved, but the aggregate principal amount of the outstanding bonds issued must not exceed $50,000,000, exclusive of any bonds or obligations which have been refunded.
Sec. 27. 1. All bonds issued by the director are special, limited obligations of the state. The principal of, the interest on, and premiums, if any, due in connection with the bonds issued are payable from, secured by a pledge of and constitute a lien, subject to the provisions of sections 2 to 35, inclusive, of this act, for their security, solely on the revenues derived from the payment of principal of and interest on the guaranteed funding, the proceeds of the bonds, the income derived from investment of the proceeds of the bonds and from investment of the revenues and any guarantee or insurance therefor.
2. The bonds and interest coupons, if any, which are a part of those bonds do not constitute the debt or indebtedness of the state within the meaning of any provision or limitation of the constitution or statutes of the State of Nevada, and do not constitute or give rise to a pecuniary liability of the state or a charge against its general credit or taxing powers. This limitation must be plainly stated on the face of each bond.
Sec. 28. 1. The bonds must be authorized by an order of the director, and must:
(a) Be in the denominations;
(b) Bear the date or dates;
(c) Mature at the time or times;
(d) Bear interest at a specified rate or rates;
(e) Be in the form;
(f) Carry the registration privileges;
(g) Be executed in the manner;
(h) Be payable at the place or places within or without the state; and
(i) Be subject to the terms of redemption,
which the order authorizing their issue provides.
2. The bonds must be signed by the director, who may use a facsimile signature for this purpose. If the director whose signature appears on any bonds ceases to act in that capacity before the delivery of the bonds, his signature is valid and sufficient for all purposes as if he had remained in office until their delivery.
3. The bonds may be sold in one or more series above, at or below par and at public or private sale at such prices, at such times and in such manner as the director determines.
4. The bonds are fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 29. The director, subject to such agreements with holders of bonds as may then exist, may, out of any money available therefor, purchase the bonds at a price not exceeding:
1. The redemption price then applicable plus accrued interest to the date of the next interest payment thereon if the bonds are then redeemable; or
2. The redemption price applicable on the first date after the purchase upon which the bonds become subject to redemption, plus accrued interest to that date, if the bonds are not redeemable.
κ1985 Statutes of Nevada, Page 2020 (CHAPTER 621, SB 160)κ
Sec. 30. 1. Any bonds issued may be refunded by the director by the issuance of refunding bonds in an amount which he considers necessary to refund the principal of the bonds to be refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.
2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable.
Sec. 31. The bonds are legal investments in which all public officers and public bodies of the state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, savings and loan associations and trust companies, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are authorized on or after July 1, 1985, to invest in bonds or in other obligations of this state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are securities which may properly and legally be deposited with and received by all public officers and public bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of this state is authorized by law on and after July 1, 1985, and may be used as collateral to secure any deposit of public money.
Sec. 32. The director may:
1. Establish such funds or accounts as may be necessary or desirable for carrying out the provisions of sections 2 to 35, inclusive, of this act.
2. Subject to any agreement with the holders of the bonds, invest or deposit any money received or held by the director pursuant to sections 2 to 35, inclusive, of this act. The director is not required to deposit this money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.
Sec. 33. The director may use money from the fund for financing exports to:
κ1985 Statutes of Nevada, Page 2021 (CHAPTER 621, SB 160)κ
1. Insure against the programs risk of loss resulting from the failure of the exporter to repay the loan provided by a participating financial institution; and
2. Purchase insurance to secure the payment of the principal of, interest on, and premium, if any, due in connection with any bonds issued.
Sec. 34. The faith of the state is hereby pledged that sections 2 to 35, inclusive, of this act will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment or to limit or alter the rights or powers vested in the director to fulfill the terms of any agreements made with the holders of any bonds issued or in any way to impair the rights or remedies of the holders until all bonds have been paid in full or provisions for their payment and redemption have been fully made.
Sec. 35. 1. The provisions of sections 2 to 35, inclusive, of this act, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in sections 2 to 35, inclusive, of this act, to be done, apply to any proceedings taken under those sections, or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in sections 2 to 35, inclusive, of this act, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.
4. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued pursuant to sections 2 to 35, inclusive, of this act, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.
5. The powers conferred by sections 2 to 35, inclusive, of this act, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
6. No part of sections 2 to 35, inclusive, of this act, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
7. The director or a person designated by him may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of sections 2 to 35, inclusive, of this act, without the assistance or intervention of any other officer.
κ1985 Statutes of Nevada, Page 2022 (CHAPTER 621, SB 160)κ
and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of sections 2 to 35, inclusive, of this act, without the assistance or intervention of any other officer.
8. Sections 2 to 35, inclusive, of this act, must be liberally construed to effectuate the purposes of this act.
Sec. 36. 1. The administrator of the housing division of the department of commerce is authorized to lend to the director of the department of commerce a sum of money not to exceed $75,000 upon the terms and conditions specified by the administrator. The director of the department of commerce is, after certification to the governor pursuant to subsection 1 of section 21 of this act, authorized to borrow from the housing division of the department of commerce a sum of money not to exceed $75,000. The director is authorized to expend the money to defray the initial expense of establishing the program provided by this act.
2. The money received by the director pursuant to subsection 1 is to be expended only if the director and the state board of finance find the initial issuance of the bonds feasible.
3. The director shall repay to the housing division the money lent to him pursuant to this section out of any available money received from the program provided by this act.
Sec. 37. The director shall appoint the members of the advisory committee on financing exports to initial terms as follows:
1. Two of the members to terms ending on June 30 of the fiscal year in which the appointments are made.
2. Two of the members to terms ending on June 30 of the fiscal year following the fiscal year in which the appointments are made.
3. Two of the members to terms ending on June 30 of the second fiscal year following the fiscal year in which the appointments are made.
________
Assembly Bill No. 652Assemblymen Dini and Stone
CHAPTER 622
AN ACT relating to arrest; permits sheriff or deputy sheriff to make an arrest for a crime committed anywhere in Nevada; permits arrest at night for battery by person upon his spouse if any bodily harm occurs; and providing other matters properly relating thereto.
[Approved June 11, 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 [subsections 3 and 4,] subsection 3, 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:
κ1985 Statutes of Nevada, Page 2023 (CHAPTER 622, AB 652)κ
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.
(f) When he has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and 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.
Sec. 2. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting officer; [or]
(c) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed [.] ; or
(d) When the offense charged is battery committed by a person upon his spouse and any bodily harm has occurred.
Sec. 3. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 2024κ
Assembly Bill No. 678Assemblyman Arberry
CHAPTER 623
AN ACT relating to taxes on retail sales; authorizing the payment of tax on the purchase of certain capital improvements to be made in installments; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the commission on economic development for such a deferment. If the purchase is consistent with the commissions plan for industrial development and diversification, it shall certify the persons eligibility for deferment to the Nevada tax commission.
3. Upon receipt of such a certification, the Nevada tax commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
4. The Nevada tax commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
Sec. 2. Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Payment of the tax on the sale of capital goods for a sales price of $100,000 or more may be deferred without interest in accordance with this section. If the sales price is:
κ1985 Statutes of Nevada, Page 2025 (CHAPTER 623, AB 678)κ
(a) At least $100,000 but less than $350,000, the tax must be paid within 12 months.
(b) At least $350,000 but less than $600,000, the tax must be paid within 24 months.
(c) At least $600,000 but less than $850,000, the tax must be paid within 36 months.
(d) At least $850,000 but less than $1,000,000, the tax must be paid within 48 months.
(e) One million dollars or more, the tax must be paid within 60 months.
Payment must be made in each month at a rate which is at least sufficient to result in payment of the total obligation within the permitted period.
2. A person may apply to the commission on economic development for such a deferment. If the purchase is consistent with the commissions plan for industrial development and diversification, it shall certify the persons eligibility for deferment to the Nevada tax commission.
3. Upon receipt of such a certification, the Nevada tax commission shall verify the sale, the price paid and the date of the sale and assign the applicable period for payment of the deferred tax. It may require security for the payment in an amount which does not exceed the amount of tax deferred.
4. The Nevada tax commission shall adopt regulations governing:
(a) The aggregation of related purchases which are made to expand a business, establish a new business, or renovate or replace capital equipment; and
(b) The period within which such purchases may be aggregated.
________
Assembly Bill No. 424Committee on Transportation
CHAPTER 624
AN ACT relating to the sale of motor vehicles; requiring the manufacturer of certain new trucks or vans to affix suggested price; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
A manufacturer of a new truck or van whose gross vehicle weight is 8,500 pounds or less shall affix to the windshield or window of such truck or van a document specifying the retail price suggested by him and all other information necessary to comply substantially with the requirements of 15 U.S.C.
κ1985 Statutes of Nevada, Page 2026 (CHAPTER 624, AB 424)κ
and all other information necessary to comply substantially with the requirements of 15 U.S.C. § 1232, as it existed on January 1, 1958.
________
Assembly Bill No. 322Committee on Ways and Means
CHAPTER 625
AN ACT making an appropriation to the University of Nevada System for the support of the clinic established to provide medical services to recipients of Medicaid; and providing other matters properly relating thereto.
[Approved June 11, 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 $346,867 for the support of the clinic established to provide medical services to recipients of Medicaid.
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. 599Committee on Commerce
CHAPTER 626
AN ACT relating to motor vehicles; providing for full reimbursement by the manufacturer for repairs made under an express warranty; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:
The manufacturer shall reimburse its agent or authorized dealer for the cost of repairs made to a motor vehicle to conform it to the manufacturers express warranties. The reimbursement must be paid at the rate usually billed by the agent or dealer to the general public for similar repairs.
Sec. 2. NRS 598.751 is hereby amended to read as follows:
598.751 As used in NRS 598.751 to 598.786, inclusive, and section 1 of this act, unless the context requires:
1. Buyer means:
κ1985 Statutes of Nevada, Page 2027 (CHAPTER 626, AB 599)κ
(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.
(b) Any person to whom the motor vehicle is transferred during the time a manufacturers express warranty applicable to the motor vehicle is in effect.
(c) Any other person entitled by the terms of the warranty to enforce its obligations.
2. Except as provided in this subsection motor vehicle has the meaning ascribed to it in NRS 482.075. The term does not include motor homes or off-road vehicles [.] except for the purposes of section 1 of this act.
________
Senate Bill No. 352Senators Horn, Bilbray, Vergiels, OConnell, Rawson, Foley, Wagner, Ryan, Robinson and Hickey
CHAPTER 627
AN ACT relating to taxes on retail sales; providing for submission to the voters of the question whether the Sales and Use Tax of 1955 should be amended to provide an exemption from the tax for prosthetic devices, appliances and supplies relating to an ostomy and products for hemodialysis; creating similar exemptions from certain analogous taxes; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 4, 1986, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 4, 1986, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.
κ1985 Statutes of Nevada, Page 2028 (CHAPTER 627, SB 352)κ
certain terms; providing penalties for violation, and other matters properly relating thereto. approved March 29, 1955, as amended.
THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:
Section 1. Section 56.1 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, as added by chapter 306, Statutes of Nevada 1969, at page 532, is hereby amended to read as follows:
Section 56.1. 1. There are exempted from the taxes imposed by this act the gross receipts from sales and storage, use or other consumption of [medicines:
(a)] :
(a) Prosthetic devices for human use.
(b) Appliances and supplies relating to an ostomy.
(c) Products for hemodialysis.
(d) Medicines:
(1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law; [or
(b)] (2) Furnished by a licensed physician, dentist or [chiropodist] podiatrist to his own patient for the treatment of the patient; [or
(c)] (3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist, [chiropodist;] podiatrist; or
[(d)] (4) Sold to a licensed physician, dentist, [chiropodist] podiatrist or hospital for the treatment of a human being.
2. Medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
3. Medicine does not include:
(a) Any auditory, [prosthetic,] ophthalmic or ocular device or appliance.
(b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.
(c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.
4. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.
Sec. 2. This act shall become effective of January 1, 1987.
κ1985 Statutes of Nevada, Page 2029 (CHAPTER 627, SB 352)κ
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale of prosthetic devices, appliances and supplies relating to an ostomy and products for hemodialysis?
Yes o No o
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act of 1955 would exempt from the taxes imposed by this act the sale of prosthetic devices, appliances and supplies relating to an ostomy and products for hemodialysis. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemptions. A Yes vote is a vote to exempt prosthetic devices, appliances and supplies relating to an ostomy and products for hemodialysis from the sales or use tax. A No vote is a vote not to provide the exemption.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1987. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
Sec. 9. NRS 374.287 is hereby amended to read as follows:
374.287 1. There are exempted from the taxes imposed by this chapter the gross receipts from sales and the storage, use or other consumption of [medicines:
(a)] :
(a) Prosthetic devices for human use.
(b) Appliances and supplies relating to an ostomy.
(c) Products for hemodialysis.
(d) Medicines:
(1) Prescribed for the treatment of a human being by a person authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law; [or
κ1985 Statutes of Nevada, Page 2030 (CHAPTER 627, SB 352)κ
authorized to prescribe medicines, and dispensed on a prescription filled by a registered pharmacist in accordance with law; [or
(b)] (2) Furnished by a licensed physician, dentist or podiatrist to his own patient for the treatment of the patient; [or
(c)] (3) Furnished by a hospital for treatment of any person pursuant to the order of a licensed physician, dentist or podiatrist; or
[(d)] (4) Sold to a licensed physician, dentist, podiatrist or hospital for the treatment of a human being.
2. Medicine means any substance or preparation intended for use by external or internal application to the human body in the diagnosis, cure, mitigation, treatment or prevention of disease or affliction of the human body and which is commonly recognized as a substance or preparation intended for such use.
3. Medicine does not include:
(a) Any auditory, [prosthetic,] ophthalmic or ocular device or appliance.
(b) Articles which are in the nature of splints, bandages, pads, compresses, supports, dressings, instruments, crutches, canes, braces, devices or other mechanical, electronic, optical or physical equipment.
(c) Any alcoholic beverage, except where the alcohol merely provides a solution in the ordinary preparation of a medicine as defined by subsection 2.
4. Insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed to be dispensed on a prescription within the meaning of this section.
Sec. 10. Section 9 of this act becomes effective on January 1, 1987, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 4, 1986.
________
Senate Bill No. 472Senator Jacobsen
CHAPTER 628
AN ACT making an appropriation to the division of emergency management of the department of the military for a system of radio communication between state agencies; and providing other matters properly relating thereto.
[Approved June 12, 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 emergency management of the department of the military the sum of $86,100 for the purchase of equipment for the communication by radio between agencies during emergencies.
2. Any remaining balance of the appropriation made by subsection 1 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.
κ1985 Statutes of Nevada, Page 2031 (CHAPTER 628, SB 472)κ
Sec. 2. 1. There is hereby appropriated from the state general fund to the division of emergency management of the department of the military for the maintenance of the equipment purchased pursuant to section 1 of this act:
For the fiscal year 1985-86................................................................................. $5,000
For the fiscal year 1986-87................................................................................... 5,000
2. Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 422Committee on Taxation
CHAPTER 629
AN ACT relating to persons medically indigent; requiring each county to establish a separate fund for medical assistance to indigent persons; providing for a levy of a tax ad valorem to support this fund; providing for a supplemental fund for the benefit of all counties; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. As used in sections 3 to 9, inclusive, of this act:
1. Fund means the fund for medical assistance to indigent persons.
2. Supplemental fund means the supplemental fund for assistance to indigent persons.
Sec. 3. 1. The board of county commissioners of a county shall before July 1, 1985, by ordinance, create in the county treasury a fund to be designated as the fund for medical assistance to indigent persons.
2. The money in the fund must be used for reimbursement, as provided in sections 5 and 9 of this act, of any unpaid charges for medical care furnished to an indigent person who falls sick in the county other than care furnished on account of an injury suffered in a motor vehicle accident.
3. All money collected or recovered pursuant to sections 2 to 4, inclusive, of this act, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board of county commissioners. Any money remaining in the fund at the end of any fiscal year does not revert to the county general fund.
Sec. 4. 1. In addition to the levy provided in NRS 428.050, for the fiscal year beginning July 1, 1985, the board of county commissioners of each county shall levy a tax ad valorem of 3 cents on each $100 of assessed valuation upon all taxable property in the county.
κ1985 Statutes of Nevada, Page 2032 (CHAPTER 629, AB 422)κ
of each county shall levy a tax ad valorem of 3 cents on each $100 of assessed valuation upon all taxable property in the county.
2. For each fiscal year thereafter, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate prescribed in subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.
3. For each fiscal year beginning on or after July 1, 1985, the board of county commissioners of each county shall, before the end of the fiscal year, remit to the state treasurer from the money in the fund an amount of money equivalent to three-tenths of one cent on each $100 of assessed valuation of all taxable property in the county for credit to the supplemental fund.
4. The tax so levied, and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.
Sec. 5. 1. For each fiscal year beginning on or after July 1, 1985, the board of county commissioners shall, in the preparation of its final budget, allocate money for medical assistance to indigents pursuant to NRS 428.090. The amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.
2. When, during any fiscal year, the amount of money expended by the county to provide assistance to those persons eligible pursuant to NRS 428.090, exceeds the amount allocated for that purpose in its budget, the board of county commissioners may, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.
Sec. 6. 1. The supplemental fund for medical assistance to indigent persons is created. Any money recovered pursuant to section 9 of this act and the interest earned on the money in the supplemental fund must be deposited for credit to the supplemental fund.
2. If the balance in the supplemental fund exceeds $1,000,000 on May 1, the excess must be credited pro rata against the amounts due from the respective counties.
Sec. 7. The board of trustees of the fund for hospital care to indigent persons shall administer the supplemental fund and for that purpose may:
1. Enter into all necessary contracts and agreements.
2. Employ personnel as necessary and prescribe their compensation and working conditions.
3. Enter into agreements with the department of administration to obtain services of attorneys, auditors and accountants.
4. Rent, lease, purchase or otherwise procure or receive real or personal property.
κ1985 Statutes of Nevada, Page 2033 (CHAPTER 629, AB 422)κ
5. Adopt regulations necessary for carrying out the provisions of sections 6 to 9, inclusive, of this act.
Sec. 8. 1. If during any fiscal year the amount of money expended by a county to provide assistance to those persons eligible pursuant to NRS 428.090 exceeds the amount available to a county under the provisions of section 5 of this act, the board of county commissioners may apply to the board of trustees of the fund for hospital care to indigent persons for reimbursement or partial reimbursement of unpaid charges for hospital care in excess of $25,000 to any one person which have been incurred by a person certified as indigent by the board of county commissioners pursuant to NRS 428.090.
2. The board of county commissioners must certify that each person on whose account application is made is indigent and the county has expended 90 percent of the amount of money available to that county pursuant to section 5 of this act. The application must be in such form and contain such information as the board of trustees requires.
Sec. 9. 1. The board of trustees of the fund for hospital care to indigent persons shall review the application and approve or disapprove reimbursement of all or part of the unpaid charges in excess of $25,000. If reimbursement or partial reimbursement is approved, payment to the county must be made from the supplemental fund, to the extent money is available in the supplemental fund, and the county must reimburse the provider of care for the care given to any one indigent person which exceeds $25,000 but only to the extent of the money reimbursed or partially reimbursed to the county from the supplemental fund on account of that patient.
2. Upon payment to the county, the board of trustees:
(a) Is subrogated to the right of the county to recover unpaid charges from the indigent person or from other persons responsible for his support, to the extent of the reimbursement or partial reimbursement paid; and
(b) Has a lien upon the proceeds of any recovery by the county from the indigent person or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid from the supplemental fund.
Sec. 10. NRS 428.010 is hereby amended to read as follows:
428.010 1. To the extent that [moneys] money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050 [,] and sections 2 to 4, inclusive, of this act, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident, lawfully resident therein, when such persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.
2. The boards of county commissioners of the several counties are vested with the authority to establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate [funds] money for this purpose and appoint agents who will develop [rules and] regulations and administer these programs for the purpose of providing care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
κ1985 Statutes of Nevada, Page 2034 (CHAPTER 629, AB 422)κ
money for this purpose and appoint agents who will develop [rules and] regulations and administer these programs for the purpose of providing care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
Sec. 11. NRS 428.030 is hereby amended to read as follows:
428.030 1. When any poor person meets the uniform standards of eligibility established by the board of county commissioners and does not have relatives of sufficient ability to care for and maintain [such poor person,] him, or when such relatives refuse or neglect to care for and maintain [such person, then such poor person shall] him, then he must receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the [funds] money which may be lawfully appropriated pursuant to NRS 428.050 or sections 2 to 4, inclusive, of this act, for this purpose.
2. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of poor persons; [or]
(b) Appoint such agents as the board may deem necessary to oversee and provide the necessary maintenance of poor persons; [or]
(c) Authorize the payment of cash grants direct to poor persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c) of this subsection.
Sec. 12. NRS 428.050 is hereby amended to read as follows:
428.050 1. [The] In addition to the tax levied pursuant to section 4 of this act, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax for the purposes of providing aid and relief to those persons coming within the purview of this chapter. [Such levy shall] This levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 11 cents for each $100 of assessed valuation.
2. No county may expend or contract to expend for [purposes of such] that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 [,] and section 4 of this act, together with such outside resources as it may receive from third persons, including [, but not limited to,] expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.
3. No interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners for the purpose of providing resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1 and 2 and sections 2 to 4, inclusive, of this act. [, except that if the health of the poor is placed in jeopardy and there is a lack of moneys to provide necessary medical care under this chapter, the board of county commissioners shall declare an emergency and provide additional funds for medical care only from whatever resources may be available.]
κ1985 Statutes of Nevada, Page 2035 (CHAPTER 629, AB 422)κ
chapter, the board of county commissioners shall declare an emergency and provide additional funds for medical care only from whatever resources may be available.]
Sec. 13. NRS 428.060 is hereby amended to read as follows:
428.060 1. If it appears to the satisfaction of the board of county commissioners that a pauper applying for relief has not established his residence and came to the county for some other purpose, but before coming to the county was a resident of some other county of this state, the board shall provide temporary relief for the pauper in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of [funds] money which may be lawfully appropriated thereby for this purpose pursuant to NRS 428.050 [,] or sections 2 to 4, inclusive, of this act, and shall notify immediately the board of county commissioners of the county where the pauper last had a residence.
2. The notice must be in writing, duly attested by the clerk of the board of county commissioners, and deposited in the post office, addressed to the board of county commissioners of [such] the other county.
3. The board of county commissioners receiving the notice may cause the pauper to be removed immediately to that county, and shall pay a reasonable compensation for the temporary relief afforded. If the board of county commissioners chooses not to remove the pauper, the county affording relief has a legal claim against any money lawfully available in that county for [all] the relief necessarily furnished, and may recover it in a suit at law.
Sec. 14. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of [funds] money which may be lawfully appropriated for this purpose pursuant to NRS 428.050 [.] and sections 2 to 4, inclusive, of this act.
2. If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.
3. The board of county commissioners shall make such allowance for the persons board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent of the amount of money or the value of services provided by:
(a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent; and
κ1985 Statutes of Nevada, Page 2036 (CHAPTER 629, AB 422)κ
for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent; and
(b) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.
Sec. 15. If in the fiscal year beginning on July 1, 1984, no money was allocated in the budget of a county to provide assistance pursuant to NRS 428.090, the amount to be allocated for the fiscal year beginning July 1, 1985, must be calculated by using the amount actually expended for such purpose in that fiscal year.
Sec. 16. This act becomes effective upon passage and approval and expires by limitation on June 30, 1987.
________
Senate Bill No. 428Senator Bilbray
CHAPTER 630
AN ACT relating to the disposition of property; requiring additional information in the petitions for probate of a will and for letters of administration; eliminating the requirement of public notice of the hearing of a final account and petition for distribution; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 136.090 is hereby amended to read as follows:
136.090 1. A petition for the probate of a will and issuance of letters must state:
(a) The jurisdictional facts ; [.]
(b) Whether the person named as executor consents to act or renounces his right to letters testamentary ; [.]
(c) The names, ages and residences of the heirs, next of kin, devisees and legatees of the decedent, and the relationship of the heirs and next of kin to the decedent, so far as known to the petitioner ; [.]
(d) The character and estimated value of the property of the estate [.] ; and
(e) The name of the person for whom letters testamentary are prayed.
2. No defect of form or in the statement of jurisdictional facts actually existing [shall make void] voids the probate of a will.
Sec. 2. NRS 139.090 is hereby amended to read as follows:
139.090 1. A petition for letters of administration must be in writing, signed by the applicant or his counsel, and filed with the clerk of the court, and must state:
(a) The jurisdictional facts ; [.]
(b) The names, ages and post office addresses of the heirs of the decedent [,] and their relationship to the decedent, so far as known to the applicant [.] ; and
(c) The character and estimated value of the property of the estate.
κ1985 Statutes of Nevada, Page 2037 (CHAPTER 630, SB 428)κ
2. No defect of form or in the statement of jurisdictional facts actually existing [shall make void] voids an order appointing an administrator or any of the subsequent proceedings.
Sec. 3. NRS 151.090 is hereby amended to read as follows:
151.090 1. When a petition for final distribution is filed, the petitioner shall give notice of the hearing of the petition by mail to all persons [interested in the estate] individually entitled to notice as provided in NRS [155.020.] 155.010.
2. The court may order such further notice as it may deem proper.
Sec. 4. NRS 155.020 is hereby amended to read as follows:
155.020 1. Notice of a petition for the probate of a will and the issuance of letters testamentary [,] or for letters of administration [, shall] must be given:
(a) To the persons respectively entitled thereto, by mail as provided in NRS 155.010.
(b) To the public at large, by publication on three dates of publication [prior to] before the hearing, and if the newspaper is published [oftener] more than once a week there [shall] must be at least 10 days from the first to last dates of publication [(both first and last days included).] , including both the first and last days.
2. Except as otherwise provided in NRS 145.050, notice to creditors of the appointment of an executor or administrator [shall] must be given by publication in the manner provided in paragraph (b) of subsection 1.
3. [Notice of the hearing on the filing of a final account and petition for distribution shall be given:
(a) To the persons individually entitled thereto, by mail as provided in NRS 155.010.
(b) To the public at large, by publication once a week for a total of 2 weeks before the hearing.
4.] Every publication required by this section [shall] must be made in a newspaper printed in the county where the proceedings are pending, but if there is not such a newspaper , [; if not,] then in one having general circulation in that county.
________
κ1985 Statutes of Nevada, Page 2038κ
Senate Bill No. 27Committee on Commerce and Labor
CHAPTER 631
AN ACT relating to naturopathic healing; changing the composition of the licensing board; providing for the expiration of all licenses previously issued by the board; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 633A.150 is hereby amended to read as follows:
633A.150 1. The board of naturopathic healing consists of five members appointed by the governor.
2. [Three] Two members of the board must:
(a) Be licensed under this chapter ; [, except the initial members who must be licensed as naturopaths in another state;]
(b) Be actually engaged in the practice of naturopathic healing in this state [, except the initial members who must have been so engaged in another state; and
(c) Have been so engaged in this state for more than 2 years preceding their appointment, except the initial members who must have been so engaged in another state.] ; and
(c) Be residents of Nevada.
3. One member must [be] :
(a) Be a physician licensed under chapter 630 of NRS [and] ;
(b) Have practiced medicine in Nevada for at least 2 years; and
(c) Be a resident of Nevada.
4. The remaining [member] members must be [a resident] residents of the State of Nevada:
(a) Not licensed in any state to practice any healing art; and
(b) Not actively engaged in the administration of any health and care facility.
5. Before entering upon the duties of his office, each member of the board shall take:
(a) The constitutional oath of office; and
(b) An oath that he is legally qualified to serve on the board.
6. As used in this section health and care facility has the meaning ascribed to it in NRS 449.007.
7. Upon expiration of his term of office, a member must continue to serve until his successor is appointed and qualifies.
8. If a vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the boards permission, or a member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall 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 2039 (CHAPTER 631, SB 27)κ
Sec. 2. NRS 633A.260 is hereby amended to read as follows:
633A.260 1. Examinations must be held at least twice a year at the time and place fixed by the board. All applicants must be notified in writing of the examinations.
2. The examinations must be fair and impartial, practical in character, and the questions must be designed to discover the applicants fitness.
3. The board may contract with the board in another state which performs similar duties for assistance in the creation and administration of the examination. The board may employ specialists and other professional consultants or examining services in conducting the examination.
4. [The] Any member of the board who is not licensed [in any state] to practice any healing art may not participate in preparing, conducting or grading any examination required by the board [.] but may vote on general questions regarding the examination of applicants.
Sec. 3. Any license issued by the board of naturopathic healing before July 1, 1985, expires September 1, 1985, or 10 days after the next examination conducted by the board, whichever is later. Any qualified person may apply to the board for a license pursuant to the provisions of chapter 633A of NRS.
Sec. 4. The terms of the members of the board of naturopathic healing who were appointed before July 1, 1985, hereby expire.
________
Senate Bill No. 454Committee on Government Affairs
CHAPTER 632
AN ACT relating to public works; specifying the times to report the awarding and the completion of contracts; revising the procedure used to determine the prevailing wage; restricting contracts with contractors who fail to pay the prevailing wage; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.013 is hereby amended to read as follows:
338.013 1. Each public body which awards a contract for any public work shall report its award to the labor commissioner [,] within 10 days after the award, giving the name and address of each contractor who will be engaged on the project.
2. Each contractor engaged on a public work shall report to the labor commissioner the name and address of each subcontractor whom he engages for work on the project within 10 days after the subcontractor commences work on the contract.
3. The public body which awarded the contract shall report the completion of all work performed under the contract to the labor commissioner before the final payment of money due the contractor by the public body.
κ1985 Statutes of Nevada, Page 2040 (CHAPTER 632, SB 454)κ
completion of all work performed under the contract to the labor commissioner before the final payment of money due the contractor by the public body.
Sec. 2. NRS 338.020 is hereby amended to read as follows:
338.020 1. Every contract to which a public body of this state is a party, requiring the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor in the performance of public work, must contain in express terms the hourly and daily rate of wages to be paid each of the classes of mechanics and workmen. The hourly and daily rate of wages must [not] :
(a) Not be less than the rate of such wages then prevailing in the county [, city, town or district in this state] in which the public work is located, which prevailing rate of wages must have been determined in the manner provided in NRS 338.030 ; and
(b) Be posted on the site of the public work in a place generally visible to the workmen.
2. When public work is performed by day labor, the prevailing wage for each class of mechanics and workmen so employed applies and must be stated clearly to such mechanics and workmen when employed.
3. The prevailing wage so paid to each class of mechanics or workmen must be in accordance with the jurisdictional classes recognized in the locality where the work is performed.
4. Nothing in this section prevents an employer who is signatory to a collective bargaining agreement from assigning such work in accordance with established practice.
Sec. 3. NRS 338.030 is hereby amended to read as follows:
338.030 1. The public body awarding any contract for public work, or otherwise undertaking any public work, shall ascertain from the labor commissioner the [general] prevailing wage in the [locality] county in which the public work is to be performed for each craft or type of [workman.
2. When the labor commissioner is in doubt as to the general prevailing rate of per diem wage he] work.
2. To establish a prevailing wage in each county, including Carson City, the labor commissioner shall, annually, survey contractors who have performed work in the county. Within 30 days after the determination is issued, any public body or any person entitled under subsection 5 to be heard may submit an objection to the labor commissioner with evidence to substantiate that a different wage prevails.
3. The labor commissioner shall hold a hearing in the locality in which the work is to be executed [.] if he:
(a) Is in doubt as to the prevailing wage;
(b) Receives information from any person which would change the prevailing wage of a craft or a type of work by 50 cents or more per hour in any county; or
(c) Receives an objection pursuant to subsection 2.
κ1985 Statutes of Nevada, Page 2041 (CHAPTER 632, SB 454)κ
The labor commissioner may hold only one hearing a year on the prevailing wage of any craft or type of work in any county.
4. Notice of the hearing [shall] must be advertised in a newspaper nearest to the locality of the work once a week for 2 weeks [prior to] before the time of the hearing.
5. At the hearing [, organizations such as] any public body, the crafts affiliated with the state federation of labor or other recognized national labor organizations and the contractors of the locality or their representatives [shall] must be heard. From the evidence presented the labor commissioner shall determine the [general prevailing rate of per diem wage.
3. The wage scales] prevailing wage.
6. The wages so determined [shall] must be filed by the labor commissioner, and [shall] must be available to [all public works awarding bodies. It shall be deemed necessary to hold additional hearings in the same locality only when evidence is presented to show that the prevailing wage has changed since the prior hearing.
4.] any public body which awards a contract for any public work.
7. Nothing contained in NRS [338.010] 338.020 to 338.090, inclusive, [shall] may be construed to authorize the fixing of any wage below any rate which may now or hereafter be established as a minimum wage for any person employed upon any public work, or employed by any officer or agent of any political subdivision of the State of Nevada.
Sec. 4. NRS 338.080 is hereby amended to read as follows:
338.080 None of the provisions of NRS [338.010] 338.020 to 338.090, inclusive, [shall] apply to:
1. Any work , [or labor done, or any] construction, alteration [or repair,] , repair or other employment performed, undertaken or carried out, by or for any [railroad or] railroad company [,] or any person [, firm, association or corporation] operating the same, whether such work, [labor,] construction, alteration [, repair or improvement] or repair is incident to or in conjunction with a contract to which this state or any of its political subdivisions is a party, or otherwise.
2. Apprentices recorded under the provisions of chapter 610 of NRS.
3. Any contract for a public work whose cost is less than $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the cost of the project below $100,000.
Sec. 5. NRS 338.090 is hereby amended to read as follows:
338.090 1. Any person, [firm or corporation,] including the officers, agents or employees of a public body, [violating] who violates any of the provisions of NRS 338.010 to 338.080, inclusive, [shall be] is guilty of a misdemeanor.
2. Any person convicted of failing to pay the prevailing wage for a craft or type of work as determined by the labor commissioner may not be awarded any contract for public work for 2 years after his conviction.
κ1985 Statutes of Nevada, Page 2042 (CHAPTER 632, SB 454)κ
be awarded any contract for public work for 2 years after his conviction.
________
Assembly Bill No. 628Assemblymen Bogaert, Stone, Williams, Little, Joerg, Beyer and Nevin
CHAPTER 633
AN ACT relating to controlled substances; imposing a civil penalty on any person who unlawfully possesses, sells or participates in a sale of certain controlled substances; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.551, inclusive, any person who unlawfully sells, manufactures, delivers or brings into this state, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the attorney general or by any district attorney in a court of competent jurisdiction.
2. As used in this section and sections 3, 4 and 5 of this act:
(a) Each violation includes a continuous or repetitive violation arising out of the same act.
(b) Sell includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.
(c) Substitute means a substance which:
(1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and
(2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.
Sec. 3. 1. The State of Nevada is entitled in a civil action brought pursuant to section 2 of this act involving marihuana, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.
2. The State of Nevada is entitled, in a civil action brought pursuant to section 2 of this act involving a controlled substance, except marihuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:
κ1985 Statutes of Nevada, Page 2043 (CHAPTER 633, AB 628)κ
to section 2 of this act involving a controlled substance, except marihuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.
(b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.
3. The State of Nevada is entitled, in a civil action brought pursuant to section 2 of this act involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.
(b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.
(c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.
Sec. 4. 1. Any money collected as a civil penalty pursuant to section 3 of this act, after deducting the actual cost of prosecution and court costs, must be deposited with the state treasurer for credit to the state general fund.
2. The money deposited in the state general fund pursuant to subsection 1 must be accounted for separately. One-half of the money must be used only for the enforcement of chapter 453 of NRS and the other half must be used for rehabilitation of persons who are addicted to controlled substances.
Sec. 5. 1. A civil action brought pursuant to section 1 of this act must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.551, inclusive, occurs.
2. Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same transaction or occurrence. A final judgment or decree rendered in favor of the state in any criminal proceeding arising out of the same transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.
________
κ1985 Statutes of Nevada, Page 2044κ
Senate Bill No. 19Committee on Human Resources and Facilities
CHAPTER 634
AN ACT relating to mental health; requiring the certification of social workers; requiring certain providers of health care employed by the state to be licensed by the appropriate state licensing board; requiring certain persons professionally qualified in the field of psychiatric mental health employed by the state to demonstrate proficiency in the English language; directing various related studies by the department of personnel; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Any person employed by the division as a:
1. Psychiatrist, psychologist or registered nurse must be licensed or certified by the appropriate state licensing board for his respective profession.
2. Social worker must be certified by the Academy of Certified Social Workers.
Sec. 3. Any psychiatrist who is employed by the division must be certified by the American Board of Psychiatry and Neurology within 3 years after his first date of employment with the division. The administrator shall terminate the employment of any psychiatrist who fails to receive such certification.
Sec. 4. The administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a masters degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.
Sec. 5. NRS 433.209 is hereby amended to read as follows:
433.209 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada [;] and certified by the American Board of Psychiatry and Neurology;
2. A psychologist certified to practice in this state ; [or employed as such by the division;]
3. A social worker who holds a masters degree in social work, [or is a candidate for that degree] is certified by the Academy of Certified Social Workers and is employed by the division; or
4. A registered nurse who [holds a masters degree in the field of psychiatric nursing and is] :
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division.
κ1985 Statutes of Nevada, Page 2045 (CHAPTER 634, SB 19)κ
Sec. 6. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of a new section to read as follows:
1. A person shall not engage in the practice of clinical social work unless he is certified by the Academy of Certified Social Workers.
2. As used in this section, clinical social work means the practice of providing a professional service designed to ameliorate human behavior, emotional responses and social conditions of persons, couples, families, groups and communities.
Sec. 7. The provisions of section 2 do not apply to any person employed by the mental hygiene and mental retardation division of the department of human resources before July 1, 1985.
Sec. 8. The provisions of section 3 do not apply to any psychiatrist who is employed by the mental hygiene and mental retardation division of the department of human resources before July 1, 1985. Such a psychiatrist must obtain certification from the American Board of Psychiatry and Neurology before July 1, 1988, or he must be reclassified or placed under the supervision of a person who is so certified.
Sec. 9. 1. The department of personnel shall conduct a study of the potential effect of requiring all providers of health care who are employed by the state to be licensed or certified by their respective state licensing boards. The department shall report the results of the study and any related recommendations to the 64th session of the Nevada legislature.
2. The department of personnel shall conduct a study of the potential effect of requiring all providers of health care who are employed by the state to demonstrate proficiency in the oral and written expression of the English language. The department shall report the results of the study and any related recommendations to the 64th session of the Nevada legislature.
3. As used in this section, the term provider of health care means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, pharmacist or medical laboratory director or technician.
Sec. 10. 1. Section 4 of this act becomes effective on July 1, 1986.
2. Section 5 of this act becomes effective on July 1, 1988.
________
κ1985 Statutes of Nevada, Page 2046κ
Senate Bill No. 475Senator OConnell (by request)
CHAPTER 635
AN ACT relating to the tax on transfers of real property; exempting transfers in which the person conveying the property owns the business organization to which the conveyance is made; exempting transfers between certain relatives; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title by spouses without consideration to an inter vivos trust.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. A transfer, assignment or other conveyance of real property to a corporation or other business organization if the person conveying the property owns 100 percent of the corporation or organization to which the conveyance is made.
11. A transfer, assignment or other conveyance of real property if the owner of the property is related to the person to whom it is conveyed within the first degree of consanguinity.
12. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, Title 11 of U.S.C.;
κ1985 Statutes of Nevada, Page 2047 (CHAPTER 635, SB 475)κ
(b) Approved in an equity receivership proceeding involving a railroad [corporation,] as defined in [section 77 of] the Bankruptcy Act ; [, 11 U.S.C. § 205;]
(c) Approved in an equity receivership proceeding involving a corporation, as defined in [section 106 of] the Bankruptcy Act ; [, 11 U.S.C. § 506;] or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years after the date of the confirmation, approval or change.
[11.] 13. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which the transfer or conveyance is made recites that the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) The transfer or conveyance is made in obedience to the order.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 505Committee on Commerce
CHAPTER 636
AN ACT relating to community antenna television systems; removing such systems from regulation by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.150 is hereby amended to read as follows:
703.150 The commission shall supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A, 706, 708 [, 711] and 712 of NRS pursuant to the provisions of those chapters.
Sec. 2. NRS 703.197 is hereby amended to read as follows:
703.197 1. The commission may collect fees for the filing of any official document required by this chapter and chapters 704, 704A, 705, 706, 708 [, 711] and 712 of NRS or by a regulation of the commission.
2. Filing fees may not exceed:
(a) For applications, $200.
κ1985 Statutes of Nevada, Page 2048 (CHAPTER 636, AB 505)κ
(b) For petitions seeking affirmative relief, $200.
(c) For each tariff page which requires public notice and is not attached to an application, $10. If more than one page is filed at one time, the total fee may not exceed the cost of notice and publication.
(d) For all other documents which require public notice, $10.
3. If an application or other document is rejected by the commission because it is inadequate or inappropriate, the filing fee must be returned.
4. The commission may not charge any fee for filing a complaint.
Sec. 3. NRS 703.210 is hereby amended to read as follows:
703.210 1. The commission may employ, or retain on a contract basis, legal counsel who shall:
(a) Except as provided in subsection 2, be counsel and attorney for the commission in all actions, proceedings and hearings.
(b) Prosecute in the name of the public service commission of Nevada all civil actions for the enforcement of chapters 704, 704A, 705, 706, 708 [, 711] and 712 of NRS and for the recovery of any penalty or forfeiture provided for therein.
(c) Generally aid the commission in the performance of its duties and the enforcement of chapters 704, 704A, 705, 706, 708 [, 711] and 712 of NRS.
2. Each district attorney shall:
(a) Prosecute any violation of chapter 704, 704A, 705, 706, 708, 711 or 712 of NRS for which a criminal penalty is provided and which occurs in his county.
(b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 706, 708, 711 or 712 of NRS and, at the request of the commission or its legal counsel, act as counsel and attorney for the commission.
3. The attorney general shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities and motor carriers under the jurisdiction of the commission and their officers, agents and employees.
4. The attorney general is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the commission is a party and is represented by independent counsel.
Sec. 4. NRS 703.380 is hereby amended to read as follows:
703.380 1. Unless another penalty is specifically provided, any public utility or any officer, agent or employee of a public utility who:
(a) Violates any of the provisions of this chapter or chapters 704, 705, 708 [, 711] and 712 of NRS;
(b) Violates any rule or regulation of the commission; or
(c) Fails, neglects or refuses to obey any order of the commission or any order of a court requiring compliance with an order of the commission,
is liable for a civil penalty not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.
κ1985 Statutes of Nevada, Page 2049 (CHAPTER 636, AB 505)κ
the violation and not to exceed $100,000 for any related series of violations.
2. The amount of any civil penalty to be imposed pursuant to this section, and the propriety of any compromise of a penalty, must be determined by a court of competent jurisdiction upon the complaint of the commission.
3. Subject to the approval of the court, any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.
4. Any penalty assessed pursuant to this section is not a cost of service by the public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.
Sec. 5. NRS 704.020 is hereby amended to read as follows:
704.020 1. Public utility includes:
(a) Any person 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 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.
(d) All companies which 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 any telephone, radio and broadcasting companies, companies providing telecommunication or related services to the public and companies which 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 may supervise and control all such companies and persons to the same extent as railroads.
[(e) Community antenna television companies.]
2. Public utility also includes:
(a) Any person 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, 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.
κ1985 Statutes of Nevada, Page 2050 (CHAPTER 636, AB 505)κ
The commission may supervise, regulate and control 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) All charges connected with the transportation of persons or property, including icing charges and mileage charges.
(b) All railroads, express companies, car companies, and all associations of persons, whether or not incorporated, that do any business as a common carrier upon or over any line of railroad within this state.
(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. 6. NRS 704.183 is hereby amended to read as follows:
704.183 1. The commission may order an examination of the condition and management of any public utility under its jurisdiction which is a [community antenna television system,] telephone company, electric light, heat and power company or a natural gas company.
2. The commission and the public utilities shall establish, and revise annually, a list of not less than 20 persons qualified to conduct such examinations.
3. If an examination is ordered:
(a) The public utility shall select a person to conduct the examination from such list; and
(b) The commission, the public utility and the person selected shall determine the manner, scope and cost of the examination and the content and form of reports issued at the conclusion of the examination.
4. Except where the commission, after a hearing, determines that an examination of a public utility is in the public interest, the commission shall not order an examination if a prior examination has been conducted within the preceding 5 years.
5. The costs of an examination are allowable expenses of the public utility for the purpose of rate making.
Sec. 7. NRS 704.655 is hereby amended to read as follows:
704.655 1. Every public utility which furnishes the public with light and power, telephone service, gas or water, [community antenna television,] or any of them, shall pay to every customer from whom any deposit has been required interest on the deposit at the rate fixed for 6-month Treasury bills of the United States at the first auction:
(a) On or after December 1 of any year for the period from January 1 to June 30 of the succeeding year; or
(b) On or after June 1 of any year for the period from July 1 to December 31 of that year,
from the date of deposit until the date of settlement or withdrawal of deposit. Where the deposit remains for 1 year or more and the person making the deposit continues to be a customer, the interest on the deposit must be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.
κ1985 Statutes of Nevada, Page 2051 (CHAPTER 636, AB 505)κ
deposit must be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.
2. Any public utility which fails, refuses or neglects to pay the interest provided in subsection 1 [and] in the manner required by subsection 1 is guilty of a misdemeanor.
Sec. 8. NRS 704.825 is hereby amended to read as follows:
704.825 1. The legislature hereby finds and declares that:
(a) There is at present and will continue to be a growing need for electric, gas, telephone, telegraph [, water and community antenna television utility] and water services which will require the construction of new facilities. It is recognized that such facilities cannot be built without in some way affecting the physical environment where such facilities are located.
(b) It is essential in the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state which such new facilities might cause.
(c) Present laws and practices relating to the location of such utility facilities should be strengthened to protect environmental values and to take into account the total cost to society of such facilities.
(d) Existing provisions of law may not provide adequate opportunity for [individuals,] natural persons, groups interested in conservation and the protection of the environment, state and regional agencies, local governments and other public bodies to participate in any and all proceedings before the public service commission of Nevada regarding the location and construction of major facilities.
2. The legislature, therefore, hereby declares that it is the purpose of NRS 704.820 to 704.900, inclusive, to provide a forum for the expeditious resolution of all matters concerning the location and construction of electric, gas, telephone, telegraph [, water and community antenna television] and water transmission lines and associated facilities.
Sec. 9. NRS 704.855 is hereby amended to read as follows:
704.855 1. Public utility or utility includes those public utilities as defined in NRS 704.020 [,] and any oil pipeline carrier described and regulated under chapter 708 of NRS . [, and any community antenna television company in a county having a population of less than 250,000, as defined in NRS 711.030.]
2. Public utility also includes any plant or equipment within this state used directly or indirectly for the generation and transmission of electrical energy, except plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.
Sec. 10. NRS 704.860 is hereby amended to read as follows:
704.860 Utility facility means:
1. Electric generating plants and their associated facilities;
2. Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;
κ1985 Statutes of Nevada, Page 2052 (CHAPTER 636, AB 505)κ
to be placed underground when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;
4. Telephone [, telegraph and community antenna television] and telegraph equipment buildings, their associated facilities and the sites thereof, when constructed outside any incorporated city;
5. Water storage and transmission facilities; and
6. Sewer transmission and treatment facilities.
Sec. 11. Chapter 711 of NRS is hereby amended by adding thereto a new section to read as follows:
A governing body may grant an exclusive franchise to a community antenna television company.
Secs. 12-14. (Deleted by amendment.)
Sec. 14.5. NRS 318.1193 is hereby amended to read as follows:
318.1193 No district proposing to furnish television facilities, as provided in NRS 318.1192, may be organized which includes any area already served by a community antenna television company unless [:
1. In counties having a population of less than 250,000, application is made to the public service commission of Nevada and the commission determines it necessary to revoke in whole or in part the certificate of the community antenna television company for the area involved; or
2. In counties having a population of 250,000 or more,] the governing body of the local government which granted a franchise to the community antenna television company determines that both the company and the district may furnish service to that area.
Sec. 15. NRS 318.1194 is hereby amended to read as follows:
318.1194 1. In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 100,000, no franchise may be granted under NRS 711.190 [and no certificate of public convenience and necessity may be issued under chapter 711 of NRS,] unless approved by the qualified electors of such district.
2. The board of county commissioners of the county where such a district is located shall order that the question of approval of the franchise or certificate be voted upon by the qualified electors of the district not less than 30 days nor more than 90 days after the franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue the certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the election must be held at the same time as the primary or general election. The general election laws of the state apply to any special election held under the provisions of this section.
κ1985 Statutes of Nevada, Page 2053 (CHAPTER 636, AB 505)κ
Sec. 16. NRS 496.020 is hereby amended to read as follows:
496.020 As used in this chapter, unless the context otherwise requires:
1. Air navigation facility means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.
2. Airport means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
3. Airport hazard means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
4. Municipal means pertaining to a municipality as defined in this section.
5. Municipality means any county, city or town of this state.
6. Person includes a government, a governmental agency and a political subdivision of a government.
7. Public utility means a person who operates any airline, broadcasting, [community antenna television,] electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such a business for a public use.
Sec. 17. NRS 497.020 is hereby amended to read as follows:
497.020 As used in this chapter, unless the context otherwise requires:
1. Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest f the public for such purposes.
2. Airport hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to the landing or taking off of aircraft.
3. Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
4. Person includes a government, a governmental agency and a political subdivision of a government.
5. Political subdivision means any county, incorporated city, unincorporated town or airport authority created by special legislative act as a quasi-municipal corporation.
κ1985 Statutes of Nevada, Page 2054 (CHAPTER 636, AB 505)κ
6. Public utility means a person who operates any airline, broadcasting, [community antenna television,] electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone, telegraph or water business in this state and who conducts such a business for a public use.
7. Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.
8. Tree means any object of natural growth.
Sec. 18. NRS 711.050, 711.080 to 711.170, inclusive, and 711.220 are hereby repealed.
Sec. 19. The systems of tariffs in effect on the effective date of this act remain effective until the appropriate governing bodies adopt ordinances governing community antenna television companies.
Sec. 20. Section 5 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 604Committee on Transportation
CHAPTER 637
AN ACT relating to motor vehicles; further defining the safe operation of a motorcycle; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 486.211 is hereby amended to read as follows:
486.211 The driver of a motorcycle or moped shall drive with at least one hand on [each] a handlebar at all times . [, except when it is necessary to use or remove one hand for the safe operation of the motorcycle or moped.]
________
κ1985 Statutes of Nevada, Page 2055κ
Assembly Bill No. 707Assemblymen Getto, Dini and Marvel
CHAPTER 638
AN ACT relating to irrigation districts; changing the index and method used to calculate the maximum rate of interest on bonds and other obligations of a district; increasing the amount of indebtedness which a district may incur as preliminary costs; eliminating the acreage limitation on indebtedness evidenced by warrants; changing certain election procedures for bonds; authorizing refunding of certain bonds without an election; authorizing the board of directors to pledge revenues for bonds; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 539 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Any bonds issued to finance or refinance the costs of a revenue producing project of the district may be payable solely from, or additionally secured by, a pledge of the net revenues of that project or the net revenues of any revenue producing facility of the district.
Sec. 3. Any resolution of the board providing for the issuance of any bonds additionally secured by pledged revenues and any indenture or other instrument or proceedings appertaining thereto may contain covenants or other provisions, even if those covenants and provisions may limit the exercise of powers conferred by this chapter, in order to secure the payment of those bonds, in agreement with the holders of those bonds, including covenants or other provisions as to any of the following:
1. The pledged revenues, the assessments and the taxes to be fixed, charged or levied and the collection, use and disposition thereof, including the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and the costs of collection and the use and disposition of any money of the district, derived or to be derived, from any source designated in the provisions of this chapter;
2. The acquisition or improvement of or equipment for all or any part of properties pertaining to any project or other facilities;
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any bonds or of the expenses of operation and maintenance of a project and other facilities, or part thereof, and the source, custody, security, regulation, use and disposition of any such reserves or funds, including the powers and duties of any trustee with regard thereto;
4. A fair and reasonable payment by the district from its general fund or other available money for the project and other facilities or for services rendered thereby to the district;
κ1985 Statutes of Nevada, Page 2056 (CHAPTER 638, AB 707)κ
5. The payment of the cost of any project by delineating the purposes to which the proceeds of the sale of the bonds may be applied, and the custody, security, use, expenditure, application and disposition thereof;
6. The temporary investment and any reinvestment of proceeds of bonds, any assessments or any taxes or pledged revenues, or any combination thereof;
7. The pledge of and the creation of a lien upon pledged revenues and the proceeds of bonds, pending their application to defray the cost of any project, to secure the payment of bonds issued pursuant to this chapter;
8. The payment of the principal of and interest on the bonds, and any prior redemption premiums due in connection therewith, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any pledged revenues or other money pledged for the payment of bonds and the creation of future liens and encumbrances;
9. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation on or regulation of the use, of all or any part of the project and other facilities;
10. The determination or definition of net revenues from the project and other facilities or of the expenses of operation and maintenance of the project and other facilities, the use and disposition of those revenues and the manner of and limitations upon paying those expenses;
11. The creation of special funds and accounts appertaining to any pledged revenues or to the bonds;
12. The insurance to be carried by the district or any other person in interest and the use and disposition of money from the insurance, the acquisition of completion, performance, surety and fidelity bonds appertaining to any project or funds, or both, and the use and disposition of any proceeds of those bonds;
13. Books of account, the inspection and audit thereof, and other records appertaining to any project, facilities or pledged revenues;
14. The assumption, payment or discharge of any obligation, lien or other claim relating to any part of any project, any facilities or any securities having or which may have a lien on any part of any pledged revenues or other money of the district;
15. Limitations on the powers of the district to acquire or operate, or permit the acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with the project and other facilities;
16. The vesting in a corporate or other trustee of such property, rights, powers and duties in trust as the board may determine, including any or all of the rights, powers and duties of the trustee appointed by the holders of the bonds and limiting or abrogating the right of those holders to appoint a trustee, or limiting the rights, duties and powers of that trustee;
κ1985 Statutes of Nevada, Page 2057 (CHAPTER 638, AB 707)κ
holders to appoint a trustee, or limiting the rights, duties and powers of that trustee;
17. Any defaults, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the district of any covenants, conditions or obligations;
18. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made by the district in the resolution or duties imposed thereby;
19. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, are entitled to the appointment of a receiver, who may enter and take possession of the project and other facilities or service, operate and maintain them, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the district might do;
20. A procedure by which the terms of any resolution authorizing bonds, or any other contract with any holders of bonds, including an indenture of trust or similar instrument, may be amended or abrogated, and as to the proportion, percentage or amount of bonds the holders of which must consent thereto, and the manner in which that consent may be given;
21. The terms and conditions upon which any or all of the bonds become or may be declared due before maturity, and as to the terms and conditions upon which that declaration and its consequences may be waived; and
22. All such acts as may be necessary, convenient or desirable in order to secure the bonds, or in the discretion of the board tend to make the securities more marketable, even if such covenant or act is not enumerated in this section, to give the board the power to do in the name and on behalf of the district all things in the issuance of bonds and for their security, except as expressly limited in this chapter.
Sec. 4. 1. Revenues pledged for the payment of any bonds, as received by or otherwise credited to the district are immediately subject to the lien of each pledge without any physical delivery thereof, any filing or further act.
2. The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto has priority over any or all other obligations and liabilities of the district, except as otherwise provided in this chapter or in the resolution or other instrument, and subject to any prior pledges and liens.
3. The lien of each such pledge is valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the district whether or not those persons have notice thereof.
Sec. 5. Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including the restriction of the exercise of any remedy to a specified proportion, percentage or number of those holders, and subject to any prior or superior rights of others, any holder of bonds, or trustee therefor, has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
κ1985 Statutes of Nevada, Page 2058 (CHAPTER 638, AB 707)κ
percentage or number of those holders, and subject to any prior or superior rights of others, any holder of bonds, or trustee therefor, has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the district, the board and any other officers, agents and employees of the district, to require and compel the district, the board or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments under this chapter and their respective covenants and agreements with the holder of any bonds;
2. By action or suit in equity to require the district to account as if it is the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, who may enter and take possession of the project and other facilities and any pledged revenues for the payment of the bonds, prescribe sufficient fees derived from the project and other facilities, and collect, receive and apply all pledged revenues or other money pledged for the payment of the bonds in the same manner as the district might do in accordance with the obligations of the district; and
4. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any bonds and to bring suit thereupon.
Sec. 6. 1. If a resolution of the board authorizing or providing for the issuance of any bonds of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 19 of section 3 of this act and further provides in substance that any trustee appointed pursuant to subsection 16 of section 3 of this act has the powers provided by that subsection, then that trustee, whether or not all of the bonds of that series have been declared due, is entitled as of right to the appointment of a receiver of the project and other facilities which generate pledged revenues.
2. Any receiver appointed as permitted by subsection 19 of section 3 of this act may enter upon and take possession of the project and other facilities appertaining thereto, and, subject to any pledge or contract with the holders of those bonds, shall take possession of all money and other property derived from or applicable to the acquisition, operation, maintenance or improvement of the project or other facilities, proceed with such acquisition, operation, maintenance or improvement which the board on the behalf of the district is under any obligation to do, operate, maintain, equip and improve the facilities, fix, charge, collect, enforce and receive the charges for services and all revenues thereafter arising subject to any pledge thereof or contract with the holders of the bonds relating thereto and perform the duties and carry out the contracts and obligations of the district in the same manner as the board itself might do and under the direction of the court.
Sec. 7. No right or remedy conferred upon any holder of any bonds or any trustee for that holder by this chapter or by any proceedings appertaining to the issuance of those bonds is exclusive of any other right or remedy, but each right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred under this chapter or by any other statute.
κ1985 Statutes of Nevada, Page 2059 (CHAPTER 638, AB 707)κ
appertaining to the issuance of those bonds is exclusive of any other right or remedy, but each right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred under this chapter or by any other statute.
Sec. 8. The failure of any holder of any bonds to proceed as provided in this chapter or in proceedings appertaining thereto does not relieve the district, the board or any of the officers, agents and employees of the district of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 9. 1. No bonds may be refunded under this chapter unless the holders of those bonds voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the bonds within that period.
2. The maturity of any bond refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever is later, nor may any interest on any bond refunded be increased to any rate which exceeds by more than 5 percent the Index of Revenue Bonds which was most recently published before bids are received or a negotiated offer for the bonds is accepted.
3. The principal amount of the refunding bonds may exceed, be less than or equal to the principal amount of the refunded bonds, if sufficient provision is made for their payment.
Sec. 10. 1. Except as otherwise provided in this chapter, the proceeds of refunding bonds must be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any trust banks within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both, upon their presentation therefor to the extent, in the priority and otherwise in the manner which the board may determine.
2. The incidental costs of refunding bonds may be paid by the purchaser of the refunding bonds or be defrayed from any money of the district, subject to appropriations therefor as otherwise provided by statute, or other available revenues of the district under the control of the board, from the proceeds of the refunding bonds, from the interest or other yield derived from the investment of any proceeds of the refunding bonds or other money in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the board may determine.
Sec. 11. 1. Any escrow or trust provided pursuant to section 10 of this act is not necessarily limited to the proceeds of refunding bonds but may include other money available for its purpose. Any proceeds in escrow or trust, pending their use, may only be invested or reinvested in securities which are direct obligations of or which the principal of and interest on are unconditionally guaranteed by the Federal Government.
2. Any trust bank shall continuously secure any money placed in escrow or trust and not so invested or reinvested in federal securities by a pledge in any trust banks, within or without or both within and without the state, of similar federal securities in an amount which is at all times at least equal to the total uninvested amount of the money accounted for in the escrow or trust.
κ1985 Statutes of Nevada, Page 2060 (CHAPTER 638, AB 707)κ
escrow or trust and not so invested or reinvested in federal securities by a pledge in any trust banks, within or without or both within and without the state, of similar federal securities in an amount which is at all times at least equal to the total uninvested amount of the money accounted for in the escrow or trust.
3. The proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, must be in an amount at all times at least sufficient to pay the principal of, interest on and any prior redemption premiums due, any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as those obligations become due at their respective maturities or due at the designated prior redemption dates in connection with which the board has exercised or is obligated to exercise a prior redemption option on behalf of the district.
4. The computations made in determining that sufficiency must be verified by a certified public accountant licensed to practice in this state or in any other state.
Sec. 12. 1. Refunding bonds may be payable from and secured by any source of revenue or taxes from which the refunded bonds were or could have been made payable.
2. Except as otherwise expressly provided or necessarily implied in this chapter, the relevant provisions in this chapter appertaining generally to the issuance of bonds to defray the cost of any project are equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the bonds, or other instrument or proceedings appertaining thereto, and other aspects of the bonds.
3. The determination of the board that the limitations imposed in this chapter upon the issuance of refunding bonds have been met is conclusive, in the absence of fraud or an arbitrary and gross abuse of its discretion.
Sec. 13. Bonds for refunding and bonds for any other purpose authorized under this chapter or by any other statute may be issued separately or issued in combination in one series or more by the district in accordance with the provisions of this chapter.
Sec. 14. NRS 539.240 is hereby amended to read as follows:
539.240 1. Any proposal to enter into a contract for the acquisition of electric power and transmission lines, or to lease or construct those lines:
(a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or
(b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000, must be voted upon at an election held as nearly as may be in the same manner as for the issuance of district bonds.
κ1985 Statutes of Nevada, Page 2061 (CHAPTER 638, AB 707)κ
must be voted upon at an election held as nearly as may be in the same manner as for the issuance of district bonds.
2. Notice of the election must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.
3. The ballots must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words .......... (Question) — Yes, and .......... (Question) — No, or .......... (Question) and bonds — Yes, and .......... (Question) and bonds — No.
4. If the proposal or the proposal and the issuance of bonds therefor is approved at the election, the board may enter into any contracts in connection with the proposal which it considers necessary, expedient or desirable, including contracts for:
(a) Construction of the power and transmission lines;
(b) The sale of the power;
(c) The transmission of power;
(d) The operation, maintenance or management of the project; and
(e) Financing the costs of the project approved in the election as an alternative to or in addition to any bonds to be issued, but the sum of the amounts which the district is obligated to pay under such contracts, excluding payments out of the revenues of the project, and any bonds issued must not exceed the amount of the bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.
5. The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county [wherein is located] where the office of the board [,] is located, to determine the validity thereof and the authority of the board to enter into such contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds [; whereupon the same proceedings must be had as in the ordinary case of] in the same manner as for the judicial determination of the validity of bonds, and with like effect.
Sec. 15. NRS 539.277 is hereby amended to read as follows:
539.277 1. When a contract has been or may hereafter be made with the United States, bonds of the district may be transferred to or deposited with the United States, if so provided by the contract and authorized as set forth in this chapter, at not less than 95 percent of their par value [to] at the amount or any part thereof to be paid by the district to the United States.
2. The interest on or principal [, or both,] of the bonds , or both, must be raised by assessment and levy as prescribed in this chapter and be regularly paid to the United States and applied as provided in the contract.
κ1985 Statutes of Nevada, Page 2062 (CHAPTER 638, AB 707)κ
be regularly paid to the United States and applied as provided in the contract.
3. Bonds transferred to or deposited with the United States may call for the payment of [such] that interest, which must not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, may be of such denomination, and may call for the repayment of the principal at such times as may be agreed upon between the board and the Secretary of the Interior.
Sec. 16. NRS 539.280 is hereby amended to read as follows:
539.280 1. The contract with the United States may [likewise] also call for the payment of the amount [or amounts] or any part thereof to be paid by the district to the United States at such times and in such installments and with such interest charges, which must not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which is in effect at the time the agreement is made, as may be agreed upon, and for assessment and levy therefor as provided in this chapter.
2. The obligations of [such] those contracts are a prior lien to any subsequent bond issue.
Sec. 17. NRS 539.375 is hereby amended to read as follows:
539.375 1. The board of directors of the district may:
(a) Incur an indebtedness not exceeding, in the aggregate, the sum of [$1,500,] $15,000, and not exceeding the estimated cost of preliminary surveys and engineering data; and
(b) Cause warrants of the district to issue therefor, bearing interest at a rate [or rates which do] which does not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
2. The directors of the district may levy an assessment on all the lands in a division benefited by [such] the proposed improvements, in addition to any [district] assessment by the district on the lands within the division, for the payment of the expenses and the redemption of the warrants.
Sec. 18. NRS 539.427 is hereby amended to read as follows:
539.427 The board of directors may prepare plans and estimates of the cost of [such] a proposed improvement and determine the manner in which the cost of the improvement must be provided . [for.] For this purpose the board of directors may propose the issuance of bonds, notes or certificates of indebtedness payable by an assessment or otherwise on the property in the improvement district, bearing interest at a rate which does not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually, and in such amounts and maturing at such time , [or times,] not exceeding 20 years, as the board of directors may prescribe.
Sec. 19. NRS 539.465 is hereby amended to read as follows:
539.465 1. If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of [such] those funding or refunding bonds.
κ1985 Statutes of Nevada, Page 2063 (CHAPTER 638, AB 707)κ
bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall call an election in the improvement district for the purpose of authorizing the issuance of [such] those funding or refunding bonds.
2. [Such an] The election must be called and held and the result of the election determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of [such] those funding or refunding bonds.
3. The maturity [or maturities] of the funding or refunding bonds must be fixed by the board of directors of the irrigation district, subject to the approval of the department of taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate [or rates] of interest on [such bonds,] those bonds must not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.
Sec. 20. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of $180,000, [nor in any event exceeding $2 per acre,] and may cause warrants of the district to issue therefor, bearing interest which must not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment [of not more than $2 per acre] on all lands in the district for the payment of [such] those expenses.
2. Thereafter the board may levy an annual assessment, in the absence of assessments therefor under any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. The assessment must be collected as provided in this chapter for the collection of other assessments.
Sec. 21. NRS 539.553 is hereby amended to read as follows:
539.553 In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:
1. The secretary of the district shall prepare from the [assessment book] book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector. For the purposes of this section, the number of acres listed to an elector who holds an undivided interest in land is the product of the fraction representing his interest multiplied by the number of acres subject to his interest.
κ1985 Statutes of Nevada, Page 2064 (CHAPTER 638, AB 707)κ
2. At the time and place appointed for the election, the list must be open for inspection. [An inspector of election shall mark indelibly upon the ballot issued to each elector the number of acres listed to the elector.] If both spouses vote with respect to acreage in which their interest is community property, the number of acres listed must be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders of an acreage of 5 acres or more with respect to which there is no otherwise qualified elector, the entire acreage must be attributed to him.
3. An elector is entitled to vote on the proposal according to the land which he owns outright or as the fractional equivalent of an undivided interest as determined by the formula in subsection 1, as follows:
(a) Five acres or more, but less than 10 acres, 1 vote.
(b) Ten acres or more, but less than 15 acres, 2 votes.
(c) Fifteen acres or more, but less than 20 acres, 3 votes.
(d) Twenty acres or more, but less than 120 acres, 4 votes.
(e) For each additional 100 acres, 1 vote.
The district shall issue a separate ballot for each vote which an elector is entitled to cast.
4. At the end of the time appointed for voting , the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.
5. If the proposal is not so approved, it is rejected and the result must be entered of record.
6. No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
7. For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current [assessment book.] book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.
Sec. 22. NRS 539.570 is hereby amended to read as follows:
539.570 1. The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works , [and] the acquisition of property and rights and otherwise to carry out the objects and purposes of this chapter.
2. [Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.
κ1985 Statutes of Nevada, Page 2065 (CHAPTER 638, AB 707)κ
deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.
3. At the time appointed, the board shall publicly open the proposals, and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or, in case no award is made, the board thereafter may either readvertise the bonds or any part thereof for sale or sell the bonds or any part thereof] The bonds may be sold at public or at private sale, upon any terms not inconsistent with the other provisions of this chapter.
Sec. 23. NRS 539.607 is hereby amended to read as follows:
539.607 1. If any installment of taxes has been levied for the payment of any outstanding bonds or interest of any irrigation district, the board of directors may issue notes bearing a rate of interest which must not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The notes must be payable out of the installment of taxes so levied and must not be in excess of 75 percent of the levy. The proceeds derived from [such] those notes may be used only for the purpose of meeting the obligation of the district for which the tax was levied.
2. If the proceeds of the taxes are insufficient, through delinquency , [or] uncollectibility of taxes or other cause, to pay, when due, all the lawful debts for which the taxes were levied, the board of directors shall levy and collect in the next succeeding year a special tax in addition to all other taxes in an amount sufficient to pay all of such lawfully contracted indebtedness, and may borrow as provided in this section in anticipation of [such] that tax to pay off any such lawfully contracted indebtedness.
Sec. 24. NRS 539.613 is hereby amended to read as follows:
539.613 1. [The board of directors may provide for refunding any of the outstanding bonds or bond issue; but the plan for refunding shall first be submitted to and receive the approval of the department of taxation and, after receiving such approval, the board of directors shall submit the question and plan to a vote of the electors of the district in the same manner as an original bond issue is voted on.
2. If two-thirds of the qualified electors voting on such issue approve the refunding plan as submitted at the election, the board of directors may carry the plan into effect. Such plan shall include the period of time the refunding bonds are to remain outstanding.] Any bonds of the district issued in accordance with the provisions of this chapter or any other statute and payable from any pledged revenues, assessments or taxes ad valorem, or any combination thereof, may be refunded by the board, without the necessity of the refunding bonds being authorized at an election, by the adoption of a resolution by the board and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of refunding bonds to pay, refund and discharge all or any part of any outstanding bonds of the district, including:
κ1985 Statutes of Nevada, Page 2066 (CHAPTER 638, AB 707)κ
(a) The acceleration, deceleration or other modification of the payment of those obligations and any interest thereon in arrears or to become due for any period not exceeding 3 years from the date of issuance of the refunding bonds;
(b) To reduce the interest on the outstanding bonds;
(c) To modify or eliminate restrictive contractual limitations on the issuance of additional bonds, concerning the outstanding bonds or concerning any facilities appertaining thereto; or
(d) Any combination of the purposes stated in paragraphs (a), (b) and (c).
2. Any refunding bonds issued may be delivered in exchange for any outstanding bonds being refunded or may be sold at a public or private sale.
3. The lien for taxes for the payment of the interest and principal of any refunding bond issue is of equal rank with the lien of the original bond issue retired thereby.
Sec. 25. NRS 539.625 is hereby amended to read as follows:
539.625 All bonds and coupons [shall] must be dated [on January 1, or July 1, which date shall be subsequent to the election at which the issuance of the bonds was authorized and prior to their delivery to a purchaser.] as provided in the resolution of the board authorizing their issuance.
Sec. 26. NRS 539.630 is hereby amended to read as follows:
539.630 The bonds must bear interest at a rate [or rates which do] which does not exceed by more than [3] 5 percent the Index of [Twenty] Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable [semiannually on January 1, and July 1 of each year.] annually, semiannually or at such other times as designated by the board.
Sec. 27. If any project or the issuance of any bonds or other obligation of an irrigation district pursuant to the provisions of chapter 539 of NRS or any special statute has been authorized at an election held before July 1, 1985, the provisions of this act apply to the acquisition, construction and financing of that project and the issuance and sale of any bonds or other obligations so authorized. Whether the proposal submitted to the electorate set forth a lower maximum rate of interest for those bonds or other obligations, those bonds or other obligations may be issued and sold, without the necessity of any further election:
1. At a maximum rate of interest not exceeding 5 percent per year above the Index of Revenue Bonds which was most recently published before bids are received or a negotiated offer for the bonds is accepted;
2. At a discount of not more than 10 percent of the principal amount of the bonds or other obligations; and
3. At a public or private sale.
________
κ1985 Statutes of Nevada, Page 2067κ
Senate Bill No. 474Committee on Taxation
CHAPTER 639
AN ACT related to community development; making various changes in the provisions governing community redevelopment; repealing provisions concerning tentative and alternative plans for that redevelopment; including that redevelopment within the general provisions governing eminent domain; amending the charter of the City of Las Vegas to include that redevelopment; removing certain restrictions on cities financing economic development; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include, in addition to blighted areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.
2. The area included within a redevelopment area may be contiguous or noncontiguous.
Sec. 3. After publication of notice of the public hearing pursuant to NRS 279.580 and before approval of the redevelopment plan by the legislative body, the legislative body may submit to the planning commission a proposal to exclude land from a proposed redevelopment area. Within 30 days after that change is submitted to it for consideration, the planning commission shall submit its report and recommendation to the legislative body. If the planning commission does not report upon the change within 30 days after its submission by the legislative body, the legislative body may proceed to exclude the land from the proposed redevelopment area without that report and recommendation.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. The decision of the legislative body concerning a redevelopment area is final and conclusive, and it is thereafter conclusively presumed that the redevelopment area is a blighted area and that all prior proceedings have been properly and regularly taken.
2. This section does not apply in any action questioning the validity of any redevelopment plan, the adoption or approval of that plan, or any of the findings or determinations of the agency or the legislative body in connection with that plan brought pursuant to section 8 of this act.
Sec. 6. 1. The legislative body shall file will the county recorder of the county in which the redevelopment area is situated a description of the land within the redevelopment area and a statement that proceedings for the redevelopment of that area have been instituted.
κ1985 Statutes of Nevada, Page 2068 (CHAPTER 639, SB 474)κ
of the land within the redevelopment area and a statement that proceedings for the redevelopment of that area have been instituted.
2. Within 30 days after the adoption by the legislative body of a redevelopment plan which contains a provision for the division of taxes pursuant to NRS 279.676, the clerk of the community shall transmit a copy of the description and statement recorded pursuant to subsection 1, a copy of the ordinance adopting the plan and a map or plat indicating the boundaries of the redevelopment area to:
(a) The auditor and tax assessor of the county in which the redevelopment area is located;
(b) The officer who performs the functions of auditor or assessor for any taxing agency which, in levying or collecting its taxes, does not use the county assessment roll or does not collect its taxes through the county; and
(c) The governing body of each of the taxing agencies which levies taxes upon any property in the redevelopment area.
Sec. 7. After the adoption of a redevelopment plan, all applicants for building permits in the redevelopment area must be advised by the building department of the community that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment area.
Sec. 8. Any action questioning the validity of:
1. Any redevelopment plan or amendment to a redevelopment plan;
2. The adoption or approval of that plan or amendment; or
3. Any of the findings or determinations of the agency or the legislative body in connection with that plan,
may only be brought after the adoption of the plan or amendment or within 90 days after the date of adoption of the ordinance adopting or amending the plan.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 279.384 is hereby amended to read as follows:
279.384 [The terms defined in NRS 279.386 to 279.414, inclusive, wherever used or referred to] As used in NRS 279.388 to 279.680, inclusive, [shall] and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, have the meanings [set forth in such sections, unless a different meaning is clearly indicated by the context.] ascribed to them in those sections.
Sec. 11. NRS 279.388 is hereby amended to read as follows:
279.388 Blighted area means an area which is characterized by [:] one or more of the following factors:
1. The existence of buildings and structures, used or intended to be used for [living,] residential, commercial, industrial or other purposes, or any combination [of such uses,] thereof, which are unfit or unsafe [to occupy for such] for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of [any one or a combination] one or more of the following factors:
κ1985 Statutes of Nevada, Page 2069 (CHAPTER 639, SB 474)κ
(a) Defective design and character of physical construction.
(b) Faulty [interior arrangement and exterior spacing.
(c) High density of population and overcrowding.] arrangement of the interior and spacing of buildings.
(c) Overcrowding.
(d) Inadequate provision for ventilation, light, sanitation, open spaces and [recreation] recreational facilities.
(e) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.
2. An economic dislocation, deterioration or disuse, resulting from faulty planning.
3. The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.
4. The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.
5. The existence of inadequate streets, open spaces and utilities.
6. The existence of lots or other areas which [are subject to being submerged by water.] may be submerged.
7. Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is reduced and tax receipts are inadequate for the cost of public services rendered.
8. A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.
9. A loss of population and a reduction of proper [utilization] use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.
Sec. 12. NRS 279.398 is hereby amended to read as follows:
279.398 Obligee includes any bondholder, his trustee, any lessor demising to the agency property used in connection with a [project] redevelopment area or any assignee of all or part of his interest, and the Federal Government [when] if it is a party to any contract with the agency.
Sec. 13. NRS 279.408 is hereby amended to read as follows:
279.408 1. Redevelopment means the planning, development, replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a redevelopment area, and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including:
(a) Recreational and other facilities appurtenant thereto.
(b) The alteration, improvement, modernization, reconstruction or rehabilitation, or any combination thereof, of existing structures in a [project] redevelopment area.
κ1985 Statutes of Nevada, Page 2070 (CHAPTER 639, SB 474)κ
(c) Provision for uses involving open space , [types of use,] such as [streets] :
(1) Streets and other public grounds [and space] ;
(2) Space around buildings, [and public or private buildings,] structures and improvements [, and improvements of public or private recreation areas and] ;
(3) Improvements of recreational areas; and
(4) Improvement of other public grounds.
(d) The replanning , [or] redesign or original development of undeveloped areas [as to which either of the following conditions exist:] where:
(1) The areas are stagnant or used improperly [utilized] because of defective or inadequate [street layout, faulty lot layout] layouts of streets, faulty layouts of lots in relation to size, shape, accessibility or usefulness, or for other causes [.] ; or
(2) The areas require replanning and [land] assembly of land for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency or other reasons.
2. Redevelopment does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the redevelopment and rehabilitation of the area.
Sec. 14. NRS 279.410 is hereby amended to read as follows:
279.410 [1.] Redevelopment area means an area of a community [which is a blighted area, the redevelopment of which] whose redevelopment is necessary to effectuate the public purposes declared in NRS 279.382 to 279.680, inclusive [.
2. A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.] , and sections 2 to 8, inclusive, of this act.
Sec. 15. NRS 279.416 is hereby amended to read as follows:
279.416 It is found and declared that there [exist] exists in many communities [blight] blighted areas which constitute either social or economic liabilities, or both, requiring redevelopment in the interest of the health, safety and general welfare of the people of [such] those communities and of the state. [These blighted areas are characterized by one or more of the conditions set forth in NRS 279.388.]
Sec. 16. NRS 279.444 is hereby amended to read as follows:
279.444 1. As an alternative to the appointment of five members of the agency, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, in an agency [shall be] are vested in the legislative body of the community.
κ1985 Statutes of Nevada, Page 2071 (CHAPTER 639, SB 474)κ
itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, in an agency [shall be] are vested in the legislative body of the community.
2. A city may enact its own procedural ordinance and exercise the powers granted by NRS 279.382 to 279.680, inclusive [.] , and sections 2 to 8, inclusive, of this act.
3. An agency is authorized to delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which [such] that community is authorized to act, and [such community is hereby authorized to] that community may carry out or perform [such] those powers or functions for the agency.
Sec. 17. NRS 279.454 is hereby amended to read as follows:
279.454 1. Except as provided in subsection 2, no officer or employee of an agency or community who in the course of his duties is required to participate in the formulation of or to approve plans or policies for the redevelopment of a [project] redevelopment area may acquire any interest in any property included within a [project] redevelopment area within the community. If any officer or employee owns, purchases or has or acquires any direct or indirect financial interest in such property, he shall immediately make a written disclosure of it to the agency and the legislative body which must be entered on their minutes. Failure to disclose constitutes misconduct in office.
2. Such an officer or employee may purchase or acquire property in the project area if he uses it for his residence.
Sec. 18. NRS 279.478 is hereby amended to read as follows:
279.478 1. An agency [may make relocation payments to or with respect to persons, including families, business concerns and others, displaced by a redevelopment project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made.
2. Chapter] shall provide assistance for relocation and shall make all of the payments required by chapter 342 of NRS [shall be the exclusive authority for relocation payments and advisory assistance by an agency for a redevelopment project receiving federal financial assistance.] for programs or projects for which federal financial assistance is received to pay all or any part of the cost of that program or project.
2. This section does not limit any other authority which an agency may have to make other payments for assistance for relocation or to make any payment for such assistance which exceeds the amount authorized by chapter 342 of NRS.
Sec. 19. NRS 279.482 is hereby amended to read as follows:
279.482 An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:
1. Use the property for the purpose designated in the redevelopment plans.
κ1985 Statutes of Nevada, Page 2072 (CHAPTER 639, SB 474)κ
2. Begin the redevelopment of the [project] area within a period of time which the agency fixes as reasonable.
3. Comply with other conditions which the agency deems necessary to carry out the purposes of NRS 279.382 to 279.680, inclusive [.] , and sections 2 to 8, inclusive, of this act.
Sec. 20. NRS 279.486 is hereby amended to read as follows:
279.486 [NRS 279.382 to 279.680, inclusive, do not authorize an agency to construct or rehabilitate any of the buildings for residential, commercial, industrial or other use, except a governmental use, contemplated by the redevelopment plan. NRS 279.382 to 279.680, inclusive, do not authorize an agency to sell, lease, grant or donate public property to a housing authority or to any public agency for low-rent public housing projects.]
1. An agency may, with the consent of the legislative body, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area, except for a residential facility. Before the legislative body may give its consent, it shall determine that:
(a) The buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located; and
(b) No other reasonable means of financing those buildings, facilities, structures or other improvements are available.
Those determinations by the agency and the legislative body are final and conclusive.
2. If the value of that land or the cost of the construction of that building, facility, structure or other improvement, or the installation of any improvement has been, or will be, paid or provided for initially by the community or other governmental entity, the agency may enter into a contract with that community or governmental entity under which it agrees to reimburse the community or governmental entity for all or part of the value of that land or of the cost of the building, facility, structure or other improvement, or both, by periodic payments over a period of years. The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.
Sec. 21. NRS 279.490 is hereby amended to read as follows:
279.490 An agency may borrow money or accept financial or other assistance from the state , [or] the Federal Government or private sources for any redevelopment project within its area of operation, and may comply with any conditions of [such] that loan or grant.
Sec. 22. NRS 279.498 is hereby amended to read as follows:
279.498 Any work of grading, clearing, demolition or construction in excess of [$1,500] $10,000 undertaken by the agency [shall] must be done by contract after competitive bids.
κ1985 Statutes of Nevada, Page 2073 (CHAPTER 639, SB 474)κ
Sec. 23. NRS 279.518 is hereby amended to read as follows:
279.518 [Redevelopment areas] Areas for evaluation may be designated by resolution of the legislative body, or the legislative body may by resolution authorize the designation of [redevelopment] those areas by resolution of the planning commission or by resolution of the members of the agency.
Sec. 24. NRS 279.520 is hereby amended to read as follows:
279.520 The resolution designating [a redevelopment area or areas shall] an area for evaluation must contain the following:
1. [A finding that the area designated is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in NRS 279.382 to 279.680, inclusive.
2.] A finding that the area requires study to determine if a redevelopment project [or projects within such area are feasible.
3.] within that area is feasible.
2. A description of the boundaries of the area designated.
Sec. 25. NRS 279.522 is hereby amended to read as follows:
279.522 Any person [, group , association or corporation] may, in writing, request the legislative body, or the planning commission or the agency if [they are] authorized by the legislative body to designate [redevelopment areas,] areas for evaluation, to designate [a redevelopment area or areas for project study purposes,] such an area for study, and may submit with their request plans showing the proposed redevelopment of [such areas] that area or any part [or parts] thereof.
Sec. 26. NRS 279.524 is hereby amended to read as follows:
279.524 [Of] The planning commission may, on its own motion or at the request of the agency [the planning commission may, or] , or shall, at the direction of the legislative body or upon the written petition of the owners in fee of a majority [in area] of any redevelopment area, excluding publicly owned areas or areas dedicated to a public use, [the planning commission shall,] select one or more [project] redevelopment areas comprising all or part of [such redevelopment area,] the area for evaluation, and formulate a preliminary plan for the redevelopment of each [project] redevelopment area.
Sec. 27. NRS 279.526 is hereby amended to read as follows:
279.526 A preliminary plan [need not be detailed and] is sufficient if it:
1. Describes the boundaries of the [project] redevelopment area.
2. Contains a general statement of the [land uses,] uses of the land, layout of principal streets, [population] densities of population and [building] intensities and standards of building proposed [as the basis] for the redevelopment of the [project] area.
3. Shows how the purposes of NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, would be attained by such redevelopment.
4. Shows that the proposed redevelopment conforms to the master or general [community plan.] plan for the community.
κ1985 Statutes of Nevada, Page 2074 (CHAPTER 639, SB 474)κ
Sec. 28. NRS 279.528 is hereby amended to read as follows:
279.528 The planning commission shall submit the preliminary plan for each [project] redevelopment area to the agency . [and the agency shall base the tentative plan upon the preliminary plan.] The agency shall make an analysis of the preliminary plan and include the analysis in its report to the legislative body.
Sec. 29. NRS 279.530 is hereby amended to read as follows:
279.530 The agency and planning commission shall cooperate in the selection of [project] redevelopment areas and in the preparation of the preliminary [and tentative] plans.
Sec. 30. NRS 279.564 is hereby amended to read as follows:
279.564 Each agency shall prepare or cause to be prepared, or adopt, a redevelopment plan for each [project] redevelopment area and for that purpose may hold hearings and conduct examinations, investigations and other negotiations.
Sec. 31. NRS 279.566 is hereby amended to read as follows:
279.566 1. Every redevelopment plan [shall] must provide for the participation in the redevelopment of property in the [project] redevelopment area by the owners of all or part of [such] that property if the owners agree to participate [in the redevelopment] in conformity with the redevelopment plan adopted by the legislative body for the area. [This section does not prohibit the owners from submitting an alternative plan pursuant to NRS 279.382 to 279.680, inclusive.]
2. With respect to each redevelopment [project,] area, each agency shall, [within a reasonable time after the adoption of the tentative plan and] before the adoption of the [final] redevelopment plan, adopt and make available for public inspection rules to implement the operation of this section in connection with [the] that plan.
3. Every redevelopment plan [which contemplates property owner participation in the redevelopment shall] must contain alternative provisions for redevelopment of the property if the owners fail to participate in the redevelopment as agreed.
Sec. 32. NRS 279.568 is hereby amended to read as follows:
279.568 A redevelopment plan [for a project area shall] must conform to the master or general [community plan insofar as the latter] plan for the community as it applies to the [project] redevelopment area. The agency shall consult with the planning commission of the community in formulating redevelopment plans. [A redevelopment plan for a project area shall be based upon the approved tentative plan, but any amendments to a redevelopment plan pursuant to NRS 279.608 need not be based on the approved tentative plan.]
Sec. 33. NRS 279.570 is hereby amended to read as follows:
279.570 1. Before the redevelopment plan [of each project area] is submitted to the legislative body, it [shall] must be submitted to the planning commission for its report and recommendation [concerning the redevelopment plan] and for its conformity to the master or general [community plan adopted by the planning commission or the legislative body.]
κ1985 Statutes of Nevada, Page 2075 (CHAPTER 639, SB 474)κ
body.] plan for the community. Within 30 days after a redevelopment plan is submitted to it for consideration, the planning commission shall make and file its report and recommendation with the agency.
2. If the planning commission recommends against the approval of the redevelopment plan, the legislative body may adopt [such] that plan by a two-thirds vote of its entire membership. If the planning commission recommends approval or fails to make any recommendation within the time allowed, the legislative body may adopt the redevelopment plan by a majority vote of the entire membership.
Sec. 34. NRS 279.572 is hereby amended to read as follows:
279.572 Every redevelopment plan [shall] must show:
1. The amount of open space to be provided and [street layout.] the layout of streets.
2. Limitations on type, size, height, number and proposed use of buildings.
3. The approximate number of dwelling units.
4. The property to be devoted to public purposes and the nature of [such] those purposes.
5. Other covenants, conditions and restrictions which the legislative body prescribes.
6. The proposed method of financing the redevelopment [of the project area] plan in sufficient detail so that the legislative body may determine the economic feasibility of the plan.
Sec. 35. NRS 279.574 is hereby amended to read as follows:
279.574 [Every] Except as otherwise provided in NRS 279.486, every redevelopment plan [shall] must provide for the agency to lease or sell all real property acquired by it in any [project] redevelopment area, except property conveyed by it to the community. Any such lease or sale [shall] must be conditioned on the redevelopment and use of the property in conformity with the redevelopment plan.
Sec. 36. NRS 279.576 is hereby amended to read as follows:
279.576 A redevelopment plan may provide for the agency to:
1. Acquire by gift, purchase, lease or condemnation all or part of the real property in the [project area.] redevelopment area, and any personal property acquired in connection with that real property.
2. Issue bonds and expend the proceeds from their sale in carrying out the redevelopment plan.
Sec. 37. NRS 279.578 is hereby amended to read as follows:
279.578 [Upon] 1. After the formation [or adoption] of a redevelopment plan and its submission to the planning commission of the community, the agency shall submit it to the legislative body.
2. Every redevelopment plan submitted to the legislative body must be accompanied by a report containing:
(a) The reasons for the selection of the redevelopment area;
(b) A description of the physical, social and economic conditions existing in the area;
κ1985 Statutes of Nevada, Page 2076 (CHAPTER 639, SB 474)κ
(c) A description of the proposed method of financing the redevelopment plan in sufficient detail so that the legislative body may determine the economic feasibility of the plan;
(d) A method or plan for the relocation of persons and families temporarily or permanently displaced from housing facilities in the redevelopment area;
(e) An analysis of the preliminary plan; and
(f) The report and recommendations of the planning commission, if any.
Sec. 38. NRS 279.580 is hereby amended to read as follows:
279.580 1. The legislative body shall consider the redevelopment plan [of a project area] submitted by the agency [, any alternative plan submitted pursuant to NRS 279.382 to 279.680, inclusive,] and all evidence and testimony for or against the adoption of the [plans] plan at a public hearing, notice of which [shall] must be given by publication for not less than once a week for 4 successive weeks in a newspaper of general circulation published in the county in which the [land lies.] redevelopment area is located.
2. The notice of hearing must include:
(a) A legal description of the boundaries of the area designated in the redevelopment plan;
(b) A general statement of the scope and objectives of the plan; and
(c) A statement of the day, hour and place where any person:
(1) Having an objection to the proposed redevelopment plan; or
(2) Who denies the existence of blight in the proposed redevelopment area or the regularity of any of the proceedings,
may appear before the legislative body and show cause why the proposed plan should not be adopted.
3. Copies of the notice must be mailed to the last known owner of each parcel of land in the area designated in the redevelopment plan, at his last known address as shown by the records of the assessor for the community.
Sec. 39. NRS 279.586 is hereby amended to read as follows:
279.586 1. If the legislative body determines that [the redevelopment plan conforms to the master or general plan of the community, that it is economically sound and feasible, and that the carrying out of the plan would promote the public peace, health, safety and welfare of the community and would effectuate the purposes and policy of NRS 279.382 to 279.680, inclusive, by ordinance adopted by a majority vote of all the members it may adopt the plan as the official redevelopment plan for the project area.] :
(a) The redevelopment area includes a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act;
(b) The redevelopment plan would redevelop the area in conformity with NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, and is in the interests of the peace, health, safety and welfare of the community;
κ1985 Statutes of Nevada, Page 2077 (CHAPTER 639, SB 474)κ
of this act, and is in the interests of the peace, health, safety and welfare of the community;
(c) The redevelopment plan conforms to the general plan of the community;
(d) The condemnation of real property, if provided for in the redevelopment plan, is necessary to the execution of the redevelopment plan and adequate provisions have been made for payment for property to be acquired as provided by law.
(e) Adequate permanent housing is or will be made available in the community for displaced occupants of the redevelopment area at rents comparable to those in the community at the time of displacement, if the redevelopment plan may result in the temporary or permanent displacement of any occupants of housing in the redevelopment area;
(f) All noncontiguous areas of a redevelopment area are either blighted or necessary for effective redevelopment;
(g) Inclusion of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and
(h) Adequate provisions have been made for the payment of the principal of and interest on any bonds which may be issued by the agency, if provided for in the redevelopment plan,
the legislative body may adopt, by ordinance, the plan as the official redevelopment plan for the redevelopment area.
2. The ordinance must:
(a) Contain a legal description of the boundaries of the redevelopment area covered by the redevelopment plan;
(b) Set forth the purposes and intent of the legislative body with respect to the redevelopment area;
(c) Designate the approved plan as the official redevelopment plan of the redevelopment area and incorporate it by reference; and
(d) Contain the determinations of the legislative body as set forth in subsection 1.
Sec. 40. NRS 279.608 is hereby amended to read as follows:
279.608 1. If at any time after the adoption of a [tentative or] redevelopment plan [for a project area] by the legislative body, it becomes necessary or desirable to amend or modify the plan, the legislative body may amend the plan upon the recommendation of the agency. An amendment or modification may include [without limitation] the addition of one or more areas to any redevelopment [project which are adjacent to the project area and which benefit from the project.] area.
2. Before recommending amendment of the plan the agency shall hold a public hearing on the proposed amendment. Notice of [such hearing shall] that hearing must be published at least 10 days [prior to] before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing [shall] must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.
κ1985 Statutes of Nevada, Page 2078 (CHAPTER 639, SB 474)κ
the plan to be amended and a general statement of the purpose of the amendment. Copies of the notices [shall] must be mailed to the last known [assessee] owner of each parcel of land within [such] those boundaries, at his last known address as shown by the records of the assessor for the community, and to [persons, firms or corporations which have] and person who has acquired property within [such] those boundaries from the agency, at his last known address as shown by the records of the agency.
3. If after the public hearings the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, [such changes shall] those changes must be submitted to the planning commission for its report and recommendation . That report and recommendations must be given to the legislative body within 30 days after [such] that submission.
4. After receiving the recommendation of the agency concerning [such] the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which [hearing shall] must be published in a newspaper in the manner designated [above] for notice of hearing by the agency. If after [such] that hearing the legislative body determines that the amendments in the plan, proposed by the agency, are necessary or desirable, the legislative body shall adopt an ordinance amending the ordinance adopting the plan . [thus amended.]
Sec. 41. NRS 279.628 is hereby amended to read as follows:
279.628 1. By resolution of the legislative body adopted by a majority vote any money in the redevelopment revolving fund may be expended from time to time for:
(a) The acquisition of real property in any [project] redevelopment area.
(b) The clearance, aiding in relocation of [site] occupants of the site and preparation of any [project] redevelopment area for redevelopment.
2. By resolution of the legislative body adopted by a two-thirds vote, any money in the redevelopment revolving fund may be paid to the agency, upon such terms and conditions as the legislative body may prescribe , for any of the following purposes:
(a) Deposit in a trust fund to be expended for the acquisition of real property in any [project] redevelopment area.
(b) The clearance of any [project] redevelopment area for redevelopment.
(c) Any expenses necessary or incidental to the carrying out of a redevelopment plan which has been adopted by the legislative body.
Sec. 42. NRS 279.630 is hereby amended to read as follows:
279.630 1. No real or personal property, or any interest therein, acquired or constructed in whole or in part with money from the redevelopment revolving fund may be sold or leased for an amount less than its fair market value [for uses in accordance with the redevelopment plan as determined by resolution or ordinance of the legislative body.]
κ1985 Statutes of Nevada, Page 2079 (CHAPTER 639, SB 474)κ
in accordance with any covenants and conditions governing that sale or lease, unless the agency finds that a sale or lease for a lesser consideration is necessary to effectuate the purposes of the redevelopment plan.
2. All money received by the agency from the sale, lease or encumbering of property acquired with money from the redevelopment revolving fund in excess of the money required to repay the loans and interest thereon authorized by NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, must be redeposited in the fund.
3. If any property acquired in whole or in part from the redevelopment revolving fund is to be sold or leased by the agency, the sale or lease must be first approved by the legislative body by resolution adopted after public hearing. Notice of the time and place of the hearing must be published once in a newspaper of the community at least 1 week before the hearing. The resolution must be adopted by a majority vote unless the legislative body has provided by ordinance for a two-thirds vote for such purpose.
[4. All other provisions of NRS 279.382 to 279.680, inclusive, that relate to financing are subject to this section.]
Sec. 43. NRS 279.677 is hereby amended to read as follows:
279.677 1. For the purpose of allocating taxes pursuant to NRS 279.676, a redevelopment [project] area under the jurisdiction of a redevelopment agency for which a redevelopment plan has been adopted and a tax increment area under the jurisdiction of a community for which a tax increment account has been created may be merged, by the amendment of each affected redevelopment plan or ordinance of the community establishing a tax increment area, upon the conditions provided in this section.
2. The redevelopment plan for the converted redevelopment area must provide that:
(a) The amount of taxes to be allocated to the agency pursuant to NRS 279.676 or the community must be computed separately for:
(1) The original redevelopment area, using the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan;
(2) The original tax increment area, using the assessment roll last equalized before the effective date of the ordinance unconditionally ordering the undertaking and providing for tax increment financing; and
(3) Each area, if any, added to the converted redevelopment project, using the assessment roll last equalized before the effective date of the ordinance adding the area to the project. The taxes computed under this subparagraph must be allocated to the agency.
(b) After the projects specified in the plan have been completed and any indebtedness incurred in connection with the projects has been paid, no further taxes for the converted redevelopment area are to be allocated to the agency.
3. If the redevelopment agency or the community has, before such a merger, incurred any indebtedness on account of a constituent [project] redevelopment area or tax increment area, the taxes attributable to that area which are allocated to the agency pursuant to NRS 279.676 or the community must be first used to comply with the terms of any resolution concerning bonds or agreement pledging the taxes from the constituent [project] redevelopment area or tax increment area.
κ1985 Statutes of Nevada, Page 2080 (CHAPTER 639, SB 474)κ
area which are allocated to the agency pursuant to NRS 279.676 or the community must be first used to comply with the terms of any resolution concerning bonds or agreement pledging the taxes from the constituent [project] redevelopment area or tax increment area.
Sec. 44. NRS 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public [uses:] purposes:
1. Federal activities. All public [uses] purposes authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, the University of Nevada and all other public [uses] purposes authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district , [;] reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, [or] incorporated city or town, [or] for draining any county, [or] incorporated city or town , [;] for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels , [;] for roads, streets and alleys, and all other public [uses] purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or [road] locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters [,] or other works [,] for the reduction of ores, with water for domestic and other uses, [or] for irrigating purposes, [or] for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining, smelting and related activities. Mining, smelting and related activities as follows:
(a) Mining and related activities, which are recognized as the paramount interest of this state.
(b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes , [;] outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, pipe lines, tanks or reservoirs for natural gas or oil , [pipe lines, tanks or reservoirs; also] an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter [; also] and the necessary land upon which to erect smelters and to operate [the same] them successfully, including [deposition] the deposit of fine flue dust, fumes and smoke.
κ1985 Statutes of Nevada, Page 2081 (CHAPTER 639, SB 474)κ
of tailings or refuse matter [; also] and the necessary land upon which to erect smelters and to operate [the same] them successfully, including [deposition] the deposit of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. [Telegraph,] Lines for telegraph, telephone, electric light [,] and electric power [lines,] and sites for plants for electric light and power . [plants.]
9. Sewerage. Sewerage of any city, [or town, or of any] town, settlement of not less than 10 families [, or of] or any public building belonging to the state [, or of any] or college or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery [for the purpose of generating and transmitting] to generate and transmit electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines [for the purpose of conducting any and all] to conduct any liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, facilities for air navigation [facilities] and aerial rights of way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
16. Community antenna television companies. Community antenna television companies which have received a certificate of public convenience and necessity from the public service commission of Nevada, or, in counties having a population of 250,000 or more, companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services, including the right to use the wires, conduits, cables or poles of any other public utility [when:] if:
(a) It creates no substantial detriment to the service provided by the utility;
(b) It causes no irreparable injury to the utility; and
(c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed exercise of the power of eminent domain, has found that [such exercise] it is in the public interest.
17. Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act.
Sec. 45. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 46 and 47 of this act.
κ1985 Statutes of Nevada, Page 2082 (CHAPTER 639, SB 474)κ
Sec. 46. 1. Each city is vested with all the powers necessary to accomplish the purposes set forth in NRS 268.524, but these powers must be exercised for the health, safety and welfare of the inhabitants of this state.
2. NRS 268.512 to 268.568, inclusive, and sections 46 and 47 of this act must be liberally construed in conformity with the purposes set forth in NRS 268.524.
Sec. 47. A city may not, under NRS 268.512 to 268.568, inclusive, and sections 46 and 47 of this act:
1. Operate any manufacturing, industrial, warehousing or other commercial enterprise or any organization for research and development to which it provided assistance; or
2. Assist any manufacturing, industrial, warehousing or other commercial enterprise or any organization fo research and development to locate within the city or within 10 miles of the city which would compete substantially with an enterprise or organization already established in the city or the county in which the city is located. The provisions of this subsection do not apply to health and care facilities, supplemental facilities for health and care and enterprises located in a redevelopment area created under the provisions of NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act.
Sec. 48. NRS 268.514 is hereby amended to read as follows:
268.514 [Whenever] As used in NRS 268.512 to 268.568, inclusive, and sections 46 and 47 of this act, unless a different meaning clearly appears from the context, the [following] words and terms defined in NRS 268.516 to 268.523, inclusive, have the meanings ascribed to them in those sections.
Sec. 49. NRS 268.522 is hereby amended to read as follows:
268.522 Project means:
1. Any land, building or other improvement and all real and personal properties necessary in connection therewith, whether or not in existence, suitable for a manufacturing, industrial, warehousing or other commercial enterprise or an organization for research and development , [enterprise,] a health and care facility or a supplemental facility for a health and care facility [.] , including those located in a redevelopment area created under the provisions of NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act.
2. The refinancing of any land, building or other improvement and any real and personal property necessary for a health and care facility or a supplemental facility for a health and care facility.
3. Any land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination thereof or any interest therein, used by any [natural person, partnership, firm, company, corporation (including a public utility), association,] person, trust, estate, political subdivision, [state] agency of the state or any other legal entity, or its legal representative, agent or assigns:
(a) For the reduction, abatement or prevention of pollution or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when that material is used.
κ1985 Statutes of Nevada, Page 2083 (CHAPTER 639, SB 474)κ
removal or treatment of any substance in a processed material which otherwise would cause pollution when that material is used.
(b) In connection with the furnishing of water if available on reasonable demand to members of the general public.
(c) In connection with the furnishing of energy or gas.
4. Any real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire.
5. Any undertaking by a public utility, in addition to that allowed by subsections 2 and 3, which is solely for the purpose of making capital improvements to property, whether or not in existence, of a public utility.
Sec. 50. NRS 268.524 is hereby amended to read as follows:
268.524 [1.] It is the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of properties to [the end that the cities may be able to promote industry and develop trade by inducing manufacturing, industrial, warehousing and research and development enterprises to locate in, remain or expand in this state, to assist in relieving the serious threat of extensive unemployment in parts of this state, in securing and maintaining a balanced and stable economy in all parts of this state and in furthering the use of its agricultural products and natural resources, and to enhance public safety by protecting hotels, motels, apartment buildings, casinos, and office buildings and their occupants from fire. It is, therefore, the intention of the legislature to vest the cities with all powers that may be necessary to enable them to accomplish those purposes. The powers must in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their safety, welfare, convenience and prosperity.
2. It is also the intent of the legislature to authorize cities to finance, acquire, own, lease or sell projects or interests therein for the purpose of:
(a) Reducing, abating or preventing pollution, or removing or treating any substance in processed material which otherwise would cause pollution when such material is used, to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
(b) Promoting the furnishing of energy and gas, and of water if available on reasonable demand to members of the general public in order to protect and promote the health, welfare and safety of the citizens of this state and to retain and promote private industry and commerce with the resultant higher level of employment and economic activity and stability.
3. It is also the intent of the legislature to authorize cities to finance, acquire, own, lease, improve and dispose of property so that health and care facilities and supplemental facilities for health and care facilities may be acquired, developed, expanded and maintained by enterprisers who will provide health care of high quality at reasonable rates for the benefit of the residents of the cities.
κ1985 Statutes of Nevada, Page 2084 (CHAPTER 639, SB 474)κ
4. It is not intended hereby that any city itself be authorized to operate any such manufacturing, industrial, warehousing or research and development enterprise.
5. No city may by virtue of NRS 268.512 to 268.568, inclusive, assist any manufacturing, industrial, warehousing or research and development enterprise to locate within or within 10 miles of the city which would offer substantial competition to an existing enterprise within the county in which such city is located whose intrastate markets are substantially the same. The provisions of this subsection do not apply to health and care facilities or to supplemental facilities for health and care facilities.
6. NRS 268.512 to 268.568, inclusive, must be liberally construed in conformity with this declaration of purpose.] :
1. Promote industry and employment and develop trade by inducing manufacturing, industrial, warehousing and other commercial enterprises and organizations for research and development to locate in, remain or expand in this state to further prosperity throughout the state and to further the use of the agricultural products and the natural resources of this state.
2. Enhance public safety by protecting hotels, motels, apartment buildings, casinos, office buildings and their occupants from fire.
3. Protect the health, safety and welfare of the public and promote private industry, commerce and employment in this state by:
(a) Reducing, abating or preventing pollution or removing or treating any substance in processed material which would cause pollution; and
(b) Furnishing energy, including electricity to the public, if available on reasonable demand, and providing facilities to transmit electricity for sale outside the state.
4. Promote the health of residents of the city by enabling a private enterprise to acquire, develop, expand and maintain health and care facilities and supplemental facilities for health and care facilities which will provide services of high quality to those residents at reasonable rates.
Sec. 51. NRS 268.530 is hereby amended to read as follows:
268.530 1. After holding a public hearing as provided in NRS 268.528, the governing body shall proceed no further [unless or until by resolution] until it:
(a) Determines by resolution the total amount of money necessary to be provided by the city for the acquisition, improvement and equipment of the project;
(b) Receives a 5-year operating history from the contemplated lessee, purchaser or other obligor, or from a parent or other enterprise which guarantees principal and interest payments on any bonds issued;
(c) Receives evidence that the contemplated lessee, purchaser, other obligor or other enterprise which guarantees principal and interest payments, has received within the 12 months preceding the date of the public hearing a rating within one of the top four rating categories of either Moodys Investor Service, Inc.,
κ1985 Statutes of Nevada, Page 2085 (CHAPTER 639, SB 474)κ
Moodys Investor Service, Inc., or Standard and Poors Corporation, except that a public utility regulated by the public service commission of Nevada, a health and care facility or a supplemental facility for a health and care facility is not required to furnish that evidence; [and]
(d) Determines by resolution that the contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement [.] ; and
(e) Finds by resolution that the project:
(1) Will provide a public benefit;
(2) Would be compatible with existing facilities in the area adjacent to the location of the project;
(3) Will encourage the creation of jobs for the residents of this state;
(4) Is compatible with the general plan of the city adopted pursuant to chapter 278 of NRS; and
(5) If not exempt from the provisions of subsection 2 of section 47 of this act, will not compete substantially with an enterprise or organization already established in the city or the county within which the city is located.
2. The governing body may refuse to proceed with any project even if all the criteria of subsection 1 are satisfied. If the governing body desires to proceed with any project where any criterion of subsection 1 is not satisfied, it may do so only with the approval of the state board of finance. In requesting the approval, the governing body shall transmit to the state board of finance all evidence received pursuant to subsection 1.
3. If any part of the project or improvements is to be constructed by a lessee or his designee, a purchaser or his designee or an obligor or his designee, the governing body shall provide, or determine that there are provided, sufficient safeguards to assure that all money provided by city will be expended solely for the purposes of the project.
Sec. 52. NRS 349.580 is hereby amended to read as follows:
349.580 The director shall not finance a project unless, before financing:
1. The director finds that:
(a) The project to be financed has been approved for financing pursuant to the requirements of NRS 244A.669 to 244A.763, inclusive, or 268.512 to 268.568, inclusive [;] , and sections 46 and 47 of this act; and
(b) There has been a request by a city or county to have the director issue bonds to finance the project; or
2. The director finds and both the [state board of finance] board and the governing body of the city or county where the project is to be located approve the findings of the director that:
(a) The project consists of any land, building or other improvement and all real and personal properties necessary in connection therewith, excluding inventories, raw materials and working capital, whether [or not] in existence, suitable for new construction, improvement, rehabilitation or redevelopment [for] :
κ1985 Statutes of Nevada, Page 2086 (CHAPTER 639, SB 474)κ
not] in existence, suitable for new construction, improvement, rehabilitation or redevelopment [for] :
(1) For manufacturing, industrial, warehousing, [commercial or] or other commercial enterprises or organizations for research and development [enterprises or for] ;
(2) For a health and care facility or a supplemental facility for a health and care facility [, or of] ; or
(3) Of real or personal property appropriate for addition to a hotel, motel, apartment building, casino or office building to protect it or its occupants from fire;
(b) The project will provide a public benefit;
(c) The contemplated lessee, purchaser or other obligor has sufficient financial resources to place the project in operation and to continue its operation, meeting the obligations of the lease, purchase contract or financing agreement;
(d) There are sufficient safeguards to assure that all money provided by the department will be expended solely for the purposes of the project;
(e) There are existing and projected needs for the project and the project would alleviate an existing shortage of facilities or services in the state;
(f) The project would be compatible with existing facilities in the area adjacent to the location of the project;
(g) The purpose of the financing of the project is not solely to provide tax-free financing to the lessee, purchaser or other obligor;
(h) Through the advice of counsel or other reliable source that the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and
(i) There has been a request by a city, county, lessee, purchaser, other obligor or other enterprise to have the director issue revenue bonds for industrial development [revenue bonds] to finance the project.
Sec. 53. Section 2.140 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1398, is hereby amended to read as follows:
Sec. 2.140 Powers of city council: Public property, buildings.
1. The city council may:
(a) Erect and maintain all buildings which are necessary for the use of the city.
(b) Purchase, receive, hold, sell, lease, convey and dispose of property, real, personal or mixed and wherever situate, for the benefit of the city, improve and protect that property and do all other things in relation to that property which a natural person might or could do.
(c) Acquire property within or without the corporate boundaries of the city for any city purpose, in fee simple or any lesser interest or estate, by purchase, exchange, gift, demise, lease or condemnation.
κ1985 Statutes of Nevada, Page 2087 (CHAPTER 639, SB 474)κ
or estate, by purchase, exchange, gift, demise, lease or condemnation.
(d) Sell, exchange, lease, hold, manage and control the property of the city as the interest of the city may require or as will result in the maximum benefit to the city from that action.
(e) Purchase or sell property for [industrial] economic development. Any property which is purchased or sold for [industrial] economic development may be purchased or sold above, at or below its fair market value upon a finding by the city council that the purchase or sale of that property will have a favorable effect upon the [industrial] economic development of the city.
2. The city council may not, except as is otherwise specifically provided in this charter or in any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 54. Section 8.110 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1422, is hereby amended to read as follows:
Sec. 8.110 Undertaking defined. Undertaking means any enterprise to acquire, improve or equip , [(] or any combination thereof , [)] any project which is authorized in NRS 268.672 to 268.740, inclusive, or which could be undertaken by a redevelopment agency pursuant to NRS 279.382 to 279.680, inclusive, and sections 2 to 8, inclusive, of this act, and to defray the cost of that enterprise, wholly or in part, by the issuance of the citys bonds or other securities which are payable, wholly or in part, from tax proceeds which are allocated to any tax increment account that pertains to the enterprise pursuant to section 8.230 of this chapter.
Sec. 55. NRS 279.402, 279.531 to 279.562, inclusive, 279.582, 279.584, 279.588 to 279.596, inclusive, 279.600 and 279.606 are hereby repealed.
Sec. 56. Section 17 becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 583Committee on Government Affairs
CHAPTER 640
AN ACT relating to public securities and obligations; authorizing their issuance at variable rates of interest; providing for guarantees for repayment of those securities by third parties; exempting the variable rates from any limitations; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 349 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1985 Statutes of Nevada, Page 2088 (CHAPTER 640, AB 583)κ
Sec. 2. 1. The act or resolution authorizing the issuance of any state securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that resolution or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The commission may contract with or select any person to make that determination.
2. The commission may enter into an agreement with a third party for an assurance of payment of the principal of the interest on, or premiums, if any, due in connection with any state securities issued by the commission. The obligation of the commission to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the act or resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The commission may assign its rights under that agreement.
Sec. 3. In fixing the rate or rates of interest for state securities pursuant to subsection 1 of section 2 of this act or the rate or rates of interest imposed on the commission for reimbursement of any advances made under an agreement pursuant to subsection 2 of section 2 of this act, the commission is not subject to any limitations on rates of interest provided by statute, including NRS 349.076, or provided in the bond question authorizing the issuance of those securities. The act or resolution fixing that rate or rates of interest must contain the findings of the commission that the procedure specified in the act or resolution for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the commission from fixing a maximum rate of interest in that act or resolution.
Sec. 4. NRS 349.150 is hereby amended to read as follows:
349.150 NRS 349.150 to 349.362, inclusive, [shall be known] and sections 2 and 3 of this act may be cited as the State Securities Law.
Sec. 5. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. The ordinance or resolution authorizing the issuance of any municipal securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that ordinance or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. A governing body of a municipality may contract with or select any person to make that determination.
2. A governing body of a municipality may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any municipal securities issued by the governing body.
κ1985 Statutes of Nevada, Page 2089 (CHAPTER 640, AB 583)κ
with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any municipal securities issued by the governing body. The obligation of the governing body to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the ordinance or resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The governing body may assign its rights under that agreement.
Sec. 7. In fixing the rate or rates of interest for municipal securities pursuant to subsection 1 of section 6 of this act or the rate or rates of interest imposed on the governing body for reimbursement of any advances made under an agreement pursuant to subsection 2 of section 6 of this act, the governing body is not subject to any limitations on rates of interest provided by statute, including NRS 350.2011, or provided in the question at an election authorizing the issuance of those securities. The ordinance or resolution fixing that rate or rates of interest must contain the findings of the governing body that the procedure specified therein for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the governing body from fixing a maximum rate of interest in that ordinance or resolution.
Sec. 8. NRS 350.500 is hereby amended to read as follows:
350.500 NRS 350.500 to 350.720, inclusive, [shall be known] and sections 6 and 7 of this act may be cited as the Local Government Securities Law.
________
Senate Bill No. 277Committee on Natural Resources
CHAPTER 641
AN ACT relating to hydrologic investigations; making an appropriation and authorizing contributions for this purpose; and providing other matters properly relating thereto.
[Approved June 12, 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 the sum of $600,000 in each of the fiscal years beginning respectively on July 1, 1985, and July 1, 1986, for study and testing of the aquifers of the deep carbonate rocks of eastern and southern Nevada. Any political subdivision or special district of this state, including specifically the Las Vegas Valley water district, may contribute for the same purpose, and the interim finance committee may accept private contributions for the same purpose.
κ1985 Statutes of Nevada, Page 2090 (CHAPTER 641, SB 277)κ
Sec. 2. The money so appropriated and contributed must be segregated as an account within the state general fund, and any portion unexpended does not lapse at the end of any fiscal year. The interim finance committee may at any time, notwithstanding the general provisions of NRS 218.6825, order a disbursement from this account to contribute toward exploratory drilling or other hydrologic investigations of this aquifer if the Federal Government contributes an equal or greater amount or if the investigation is sponsored by the state. When the interim finance committee determines that no more such contributions should be made, or on June 30, 1995, whichever is sooner, the committee shall direct the disposition of any remaining balance in the account by:
1. Refunding ratably to each of the contributors that proportion of the balance which the total contributions bear to the total of contributions and appropriations; and
2. The lapse of the remainder.
Sec. 3. 1. A committee is hereby created to evaluate the progress of the study, consisting of representatives designated respectively by:
(a) The president of the Desert Research Institute of the University of Nevada System;
(b) The director of the state department of conservation and natural resources;
(c) The board of directors of the Las Vegas Valley water district;
(d) The Colorado River commission;
(e) The Nevada Association of Counties;
(f) The Nevada League of Cities;
(g) The Nevada Water Resources Association;
(h) The United States Geological Survey; and
(i) The United States Bureau of Reclamation.
Those representatives designated by the United States Geological Survey and the United States Bureau of Reclamation have no vote in the committee.
2. The committee may meet periodically and confer with appropriate persons and governmental organizations.
3. The committee shall report, at least annually, to the interim finance committee as to the studys progress and its recommendations for future plans for the study, participants in components of the study, and the release of funds maintained in the account to the United States Department of the Interior and any other participants.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 2091κ
Assembly Bill No. 540Committee on Ways and Means
CHAPTER 642
AN ACT relating to public employees; making appropriations from the state general fund and state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; increasing the salaries of certain employees; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Except as otherwise provided in this act, to effect a salary increase of approximately 11 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, the sums of $8,167,620 and $8,543,916, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the judicial branch of government, as fixed by the 63rd session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 1985.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning July 1, 1986, and ending June 30, 1987, the sum of $2,586,499, to provide a maximum adjustment of salaries of 3 percent for classified employees described in subsection 1, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
3. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal year beginning July 1, 1986, and ending June 30, 1987, the sum of $499,648, to provide a maximum adjustment of salaries of 3 percent for unclassified employees of the respective departments, commissions and agencies of the State of Nevada, including the judicial branch of government, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
κ1985 Statutes of Nevada, Page 2092 (CHAPTER 642, AB 540)κ
4. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, including the judicial branch of government, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan, or, for fiscal year 1986-1987, to pay the salaries of the unclassified employees.
Sec. 2. 1. To effect a salary increase of approximately 11 percent, there is hereby appropriated from the state highway fund to the state board of examiners for the fiscal periods beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, the sums of $1,339,043 and $1,372,754, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the department of motor vehicles as fixed by the 63rd session of the legislature and the requirements for salaries of classified personnel of the department of motor vehicles and the public service commission necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1985.
2. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal period beginning July 1, 1986, and ending June 30, 1987, the sum of $415,570, to provide a maximum adjustment of salaries of 3 percent for classified employees of the department of motor vehicles and the public service commission, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
3. There is hereby appropriated from the state highway fund to the state board of examiners for the fiscal year beginning July 1, 1986, and ending June 30, 1987, the sum of $28,100, to provide a maximum adjustment of salaries of 3 percent for unclassified employees of the department of motor vehicles and the public service commission and for deputy attorneys general assigned to the department of motor vehicles or the department of transportation, based on the movement of Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
4. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the department of motor vehicles, the public service commission and the office of the attorney general out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the department of motor vehicles and the public service commission under the adjusted pay plan, or, for fiscal year 1986-1987, to pay the salaries of the employees listed in subsection 3.
κ1985 Statutes of Nevada, Page 2093 (CHAPTER 642, AB 540)κ
to the department of motor vehicles, the public service commission and the office of the attorney general out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the department of motor vehicles and the public service commission under the adjusted pay plan, or, for fiscal year 1986-1987, to pay the salaries of the employees listed in subsection 3.
Sec. 3. 1. To effect a salary increase of approximately 11 percent, there is hereby appropriated from the state general fund to the state board of examiners for the fiscal periods beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, the sums of $1,949,589 and $2,016,608, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University of Nevada System as fixed by the 63rd session of the legislature and the requirements for salaries of the classified personnel of the University of Nevada System necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1985.
2. There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning July 1, 1986, and ending June 30, 1987, the sum of $610,482, to provide a maximum adjustment of 3 percent for classified employees of the University of Nevada System, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
3. There is hereby appropriated from the state general fund to the University of Nevada System for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, the sums of $6,120,324 and $6,233,260, respectively, for the purpose of increasing the salaries of the professional employees of the University of Nevada System, except those employees whose salaries have been retained, to become effective July 1, 1985.
4. There is hereby appropriated from the state general fund to the University of Nevada System for the fiscal year beginning July 1, 1986, and ending June 30, 1987, the sum of $1,886,976, for the purpose of increasing the salaries of the professional employees of the University of Nevada System, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
κ1985 Statutes of Nevada, Page 2094 (CHAPTER 642, AB 540)κ
5. The state board of examiners, upon the recommendation of the director of the department of administration, may allocate and disburse to the University of Nevada System out of the money appropriated by subsections 1 and 2 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University of Nevada System under the adjusted pay plan.
Sec. 4. The money appropriated for fiscal years 1985-86 and 1986-87, in sections 1 and 2 and subsections 1 and 2 of section 3 of this act is available for both fiscal years 1985-86 and 1986-87, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration. Any balance of that money must not be committed for expenditure after June 30, 1987, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.
Sec. 5. 1. To effect a salary increase of approximately 11 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, the sums of $395,349 and $422,209, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 63rd session of the legislature and the requirements for salaries of the employees of the legislative counsel bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 1985.
2. There is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 1986, and ending June 30, 1987, the sum of $117,058, to provide a maximum adjustment of salaries of 3 percent for employees listed in subsection 1, based on the movement of the Consumer Price Index, except those employees whose salaries have been retained, to take effect July 1, 1986, and to be effective through June 30, 1987. The percentage increase must be determined by using the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent.
3. The money appropriated for fiscal years 1985-1986 and 1986-1987, in this section is available for both fiscal years 1985-1986 and 1986-1987, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.
Sec. 6. 1. Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 1985:
κ1985 Statutes of Nevada, Page 2095 (CHAPTER 642, AB 540)κ
Chief, dental health services (Range A)..................................................... $57,639
Chief, dental health services (Range B)...................................................... 60,398
Chief, dental health services (Range C)...................................................... 63,344
Chief, maternal and child health (Range A)............................................... 60,398
Chief, maternal and child health (Range B)................................................ 65,944
Chief, maternal and child health (Range C)................................................ 67,350
Chief, community health services................................................................ 60,398
Senior physician (Range A)......................................................................... 57,639
Senior physician (Range B).......................................................................... 63,300
Senior physician (Range C).......................................................................... 65,945
Senior psychiatrist (Range A)...................................................................... 63,300
Senior psychiatrist (Range B)...................................................................... 65,944
Senior psychiatrist (Range C)...................................................................... 67,350
Senior public health dentist (Range A)...................................................... 50,102
Senior public health dentist (Range B)....................................................... 55,007
Senior public health dentist (Range C)....................................................... 57,681
State health officer (Range A)...................................................................... 65,944
State health officer (Range B)...................................................................... 67,350
State health officer (Range C)...................................................................... 68,760
Welfare medical care officer......................................................................... 57,681
Senior institutional dentist (Range A)........................................................ 50,102
Senior institutional dentist (Range B)......................................................... 57,681
Clinic director, rural........................................................................................ 39,920
As used in this section a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.
2. The employees filling the positions listed in subsection 1, except those whose salaries have been retained, may receive an adjustment of salary effective July 1, 1986 of:
(a) A maximum of 3 percent based on any increase in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for the months of October 1984 through March 1986, not to exceed 3 percent; and
(b) If the balance of the state general fund as projected pursuant to section 7 of this act is:
(1) At least $55,000,000 but less than $60,000,000, 1 percent; or
(2) At least $60,000,000, 2 percent,
in addition to the increase provided in paragraph (a).
Sec. 7. On or before May 31, 1986, the state board of examiners shall project the unappropriated balance of the state general fund as of July 1, 1986, using all relevant information known to it.
Sec. 8. 1. In addition to other increases provided for the fiscal year 1986-1987, the following amounts are hereby contingently appropriated from the respective funds to provide salary increases for the respective groups of employees, for the fiscal year 1986-1987, according to the projections by the state board of examiners made pursuant to section 7 of this act:
κ1985 Statutes of Nevada, Page 2096 (CHAPTER 642, AB 540)κ
respective groups of employees, for the fiscal year 1986-1987, according to the projections by the state board of examiners made pursuant to section 7 of this act:
(a) If the projected balance is at least $55,000,000 but less than $60,000,000:
(1) From the state general fund to the state board of examiners for:
Classified employees of the state.............................................................. $871,061
Unclassified employees of the state......................................................... 172,189
Classified and professional employees of the University of Nevada System .................................................................................................... 832,486
(2) From the state highway fund to the state board of examiners for positions in the department of motor vehicles, public service commission and attorney generals office which are supported from that fund:
Classified employees................................................................................... $138,524
Unclassified employees.............................................................................. 9,367
(3) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations........................... $39,022
(4) From the state general fund to the state distributive school fund $3,702,436
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various school districts for fiscal year 1986-1987.
(b) If the projected balance is at least $60,000,000:
(1) From the state general fund to the state board of examiners for:
Classified employees of the state.............................................................. $1,742,122
Unclassified employees of the state......................................................... 344,378
Classified and professional employees of the University of Nevada System ................................................................................................. 1,664,972
(2) From the state highway fund to the state board of examiners for positions in the department of motor vehicles, public service commission and attorney generals office which are supported from that fund:
Classified employees................................................................................... $277,043
Unclassified employees.............................................................................. 18,734
(3) From the state general fund to the legislative fund for employees of the legislative counsel bureau and interim legislative operations........................... $78,044
(4) From the state general fund to the distributive school fund.......... $7,404,872
This additional appropriation, if any, must be apportioned in the same proportions per pupil as established by the department of education for the various school districts for fiscal year 1986-1987.
2. The state board of examiners shall allocate the appropriations, made to it if any, among the respective departments, commissions and agencies of the state, including the judicial branch of government, in such proportion as to enable each to pay to its classified, professional and unclassified employees, including those persons whose positions are listed in section 6 of this act, except any whose salaries have been retained, the percentage of increase, if any, in their respective salaries specified in this section.
κ1985 Statutes of Nevada, Page 2097 (CHAPTER 642, AB 540)κ
retained, the percentage of increase, if any, in their respective salaries specified in this section.
3. If the total appropriations are not sufficient to provide the specified increase, the appropriations must be prorated and the increase reduced proportionately.
4. Any balance of the contingent appropriations made by this section must not be committed for expenditure after June 30, 1987, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made, except that any balance of the money appropriated to the legislative fund must be carried forward for use in the next legislative session and does not revert to the state general fund.
________
Assembly Bill No. 647Committee on Commerce
CHAPTER 643
AN ACT relating to practitioners of the healing arts; permitting dentists to perform certain acts before admitting a patient to a hospital; requiring employers who provide benefits for health care to employees to do so in the same manner as a policy of health insurance or group plan; broadening the definition of a plan for dental care; and providing other matters properly relating thereto.
[Approved June 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:
A licensed dentist may, to the extent necessary for the exercise of due care in the practice of dentistry, perform a complete physical evaluation and compile a medical history of a patient before admitting the patient to a hospital for the purpose of practicing dentistry.
Sec. 2. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
No dentist may be:
1. Automatically admitted to membership on the medical staff of a hospital solely because he is licensed as a dentist in this state or is authorized pursuant to section 1 of this act to perform certain functions; or
2. Denied admission to membership on the medical staff of a hospital merely because he is licensed as a dentist and not as a physician.
Sec. 3. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
Any employer who provides benefits for health care to his employees shall provide the same benefits and pay providers of health care in the same manner as a policy of insurance pursuant to chapters 689A and 689B of NRS.
κ1985 Statutes of Nevada, Page 2098 (CHAPTER 643, AB 647)κ
Sec. 4. NRS 687B.225 is hereby amended to read as follows:
687B.225 1. Any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:
[1.] (a) File its procedure for obtaining approval of care under this section for approval by the commissioner; and
[2.] (b) Respond to any request for approval by the insured or member under this section within 20 days after it receives the request.
2. The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 695D.070 is hereby amended to read as follows:
695D.070 Plan for dental care means any agreement in which [the organization for dental care] a person agrees to provide or arrange for dental care or pay for or reimburse any part of the cost of that care and the member agrees to prepay , make periodic payments or pay through insurance for that care.
________
Assembly Bill No. 261Assemblymen Swain, Malone, Stone, Nevin, Sader, Rader, Arberry, Ham, Zimmer, ODonnell, Roberts, Little, Williams, Tebbs, Price, Craddock, Schofield, Thompson, McGaughey, Sedway, Jeffrey, Dini, Kerns, Beyer, DuBois, Lambert, Francis, Joerg, Bogaert, Nicholas, Thomas, Bergevin, Getto and Fairchild
CHAPTER 644
AN ACT making various changes relating to victims of crimes; making an appropriation; and providing other matters properly relating thereto.
[Approved June 12, 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. If a victim of an offender provides his current address to the director and makes a written request for notification of the offenders release or escape, the director shall notify the victim if the offender:
(a) Will be released into the community for the purpose of employment, training or education, or for any other purpose for which release is authorized; or
(b) Has escaped from the custody of the department of prisons.
2. An offender must not be temporarily released into the community for any purpose unless notification of the release has been given to every victim of the offender who has requested notification and has provided his current address.
κ1985 Statutes of Nevada, Page 2099 (CHAPTER 644, AB 261)κ
every victim of the offender who has requested notification and has provided his current address.
3. The director may not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to subsection 1 or 2 if no address was provided to the director or the address provided is inaccurate or not current.
4. As used in this section, victim has the meaning ascribed to it in NRS 213.005.
Sec. 2. Chapter 217 of NRS is hereby amended by adding thereto the provisions set for as sections 3, 4 and 5 of this act.
Sec. 3. Appeals officer means an appeals officer of the hearings division of the department of administration.
Sec. 4. The chief of the hearings division of the department of administration may prepare and disseminate information describing the benefits available pursuant to this chapter to victims of crime.
Sec. 5. 1. The board of county commissioners of each county shall provide by ordinance for the counseling of victims of sexual abuse and any relatives living with the victims. A relative is not eligible to receive counseling if he committed the sexual abuse for which counseling is sought. The counseling may be provided only upon request by the victim or eligible relative.
2. As used in this section, sexual abuse has the meaning ascribed to it in NRS 200.5011.
Sec. 5.5. NRS 217.020 is hereby amended to read as follows:
217.020 As used in NRS 217.010 to 217.270, inclusive, unless the context otherwise requires, the words and terms defined in NRS 217.030 to 217.070, inclusive, and sections 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 217.050 is hereby amended to read as follows:
217.050 Personal injury means:
1. Actual bodily harm or threat of bodily harm which results in a need for medical treatment; [or]
2. In the case of a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both [.] ; or
3. Any harm which results from sexual abuse.
Sec. 7. NRS 217.070 is hereby amended to read as follows:
217.070 Victim means:
1. A person who is physically injured or killed as the direct result of a criminal act; [or]
2. A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730 [.] ; or
3. A minor who was sexually abused, as sexual abuse is defined in NRS 200.5011.
Sec. 8. NRS 217.095 is hereby amended to read as follows:
217.095 1. A person is eligible for [a preliminary] an emergency award under this section if [his income, including any benefits or pensions, is not more than $750 per month.
κ1985 Statutes of Nevada, Page 2100 (CHAPTER 644, AB 261)κ
award under this section if [his income, including any benefits or pensions, is not more than $750 per month. The board may require an applicant to submit proof of his monthly income.] he lacks financial resources which would allow him to pay compensable costs before a final award is made.
2. A person may request [a preliminary] an emergency award in his application to the board for compensation. [A preliminary] An emergency award may be made to:
(a) Replace money lost as a direct consequence of criminal action if the applicant needs to replace the lost money to pay his expenses for the next 30 days. An award pursuant to this paragraph must not exceed $400.
(b) Pay for the replacement or repair of lost or damaged property which is essential to the physical or psychological health of the applicant. Such property includes, but is not limited to, eyeglasses, dentures and other prosthetic devices, and locks, windows and doors of the victims dwelling. An award pursuant to this paragraph must not exceed $1,000.
[A preliminary] An emergency award must be granted if the applicant submits sufficient evidence to establish a prima facie case for granting compensation pursuant to NRS 217.010 to 217.270, inclusive, and to satisfy the requirements of this section.
3. The board shall refer the application for [a preliminary] an emergency award and any supporting documents to a compensation officer within 2 working days after the application is received. The compensation officer shall investigate the application and [:
(a) Grant a preliminary award; or
(b) Submit] submit a report to a hearing officer [recommending that the application be denied,] within 5 days after receiving the application. The hearing officer shall render a decision on any report submitted to him within 3 days after its receipt.
4. No award may be made pursuant to this section unless the application is submitted within 45 days after the date of the personal injury or death on which the claim is based or, if an application could not reasonably been submitted within that period, within 15 days after an application could reasonably have been submitted.
5. The amount of any [preliminary] emergency award must be deducted from any award subsequently granted.
Sec. 9. NRS 217.110 is hereby amended to read as follows:
217.110 1. Upon receipt of an application for compensation, the clerk of the board shall deny it if the applicants ineligibility is apparent from the facts stated in the application. Otherwise, he shall refer the application, together with the reports of the treating or examining physicians, to a compensation officer within 5 days. The applicant may appeal the denial to an appeals officer within 15 days after the decision.
2. The compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer may deny the claim if the applicants ineligibility is apparent from the facts stated in the application.
κ1985 Statutes of Nevada, Page 2101 (CHAPTER 644, AB 261)κ
from the facts stated in the application. The applicant may appeal the denial to an appeals officer within 15 days after the decision. If the appeals officer determines that the applicant may be entitled to compensation, he shall order the compensation officer to complete an investigation and report pursuant to subsection 3. If the appeals officer denies the appeal, the board may review the application and approve the denial or order an investigation and report. The appeals officer shall render his decision within 10 days after receiving notice of the appeal. He shall notify the applicant of his decision by certified mail, return receipt requested.
3. If the compensation officer does not deny the application pursuant to subsection 2, or if he is ordered to proceed by the appeals officer or the board, he shall conduct his investigation and submit his report and recommendation to a hearing officer within 60 days after his receipt of the application [.] or order. If in conducting his investigation the compensation officer believes that reports on the previous medical history of the victim, or an examination of the victim and a report of that examination, or a report on the cause of death of the victim by an impartial medical expert would aid him in making his recommendation, the compensation officer may order the reports.
[3.] 4. Within 15 days after the hearing officer receives the report and recommendation of the compensation officer, the hearing officer shall render a decision in the case, including any order directing the payment of compensation, or give notice to the applicant that a hearing will be held. The hearing must be held within 20 days after the notice is given.
Sec. 10. NRS 217.115 is hereby amended to read as follows:
217.115 The [time] limitations of time in NRS 217.110 and 217.113 may be waived by the applicant or, upon good cause shown, by the hearing officer [.] or appeals officer.
Sec. 11. NRS 217.117 is hereby amended to read as follows:
217.117 1. The applicant may, within 15 days after the hearing officer renders his decision, appeal the decision to an appeals officer. The appeals officer may hold a hearing or render a decision without a hearing. If the appeals officer holds a hearing he must give notice to the applicant, hold the hearing within 20 days after the notice, and render his decision in the case within 10 days after the hearing. The appeals officer must render a decision in each case within 45 days after receiving the appeal and the record, whether or not a hearing is held. The appeals officer may affirm, modify or reverse the decision of the hearing officer.
2. The applicant may, within 15 days after the appeals officer renders his decision, appeal to decision to the board. The board shall consider the appeal on the record at its next scheduled meeting if the appeal and the record are received by the board at least 5 days before the meeting. Within 10 days after the meeting the board shall render its decision in the case or give notice to the applicant that a hearing will be held. The hearing must be held within 30 days after the notice is given and the board shall render its decision in the case within 10 days after the hearing.
κ1985 Statutes of Nevada, Page 2102 (CHAPTER 644, AB 261)κ
given and the board shall render its decision in the case within 10 days after the hearing.
[2.] 3. The board may on its own motion, within 15 days after the [hearing] appeals officer renders his decision, modify or reverse the decision.
[3.] 4. The decision of the board is final and not subject to judicial review.
Sec. 12. NRS 217.180 is hereby amended to read as follows:
217.180 1. In determining whether to make an order for compensation, the hearing officer shall consider the provocation, consent or any other behavior of the victim which directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, need of the victim or his dependents for financial aid and other relevant matters.
2. If the claimant has received or is likely to receive any amount on account of his injuries or the death of another from:
(a) The person who committed the crime which caused the victims injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Any other private or public source or program of assistance,
he shall report the amounts received or which he is likely to receive to the compensation officer . [and the hearing officer shall reduce the award of compensation by that amount.] Any of those sources which is obligated to pay any amount after the award of compensation shall pay the board any amount of compensation which has been paid to the claimant and pay the remainder of the amount due to the claimant. The hearing officer shall deduct the amounts which the claimant has received or is likely to receive from those sources from the victims total expenses.
3. An order for compensation may be made whether or not any person is prosecuted or convicted of any offense arising from the act on which the claim for compensation is based.
Sec. 13. NRS 217.200 is hereby amended to read as follows:
217.200 1. The hearing officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim as defined in NRS 217.070 for:
(a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of earnings or support not to exceed $200 per week and reasonably incurred as a result of the total or partial incapacity of the victim;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and
κ1985 Statutes of Nevada, Page 2103 (CHAPTER 644, AB 261)κ
(e) Any other loss which results from the personal injury or death of the victim and which the hearing officer determines to be reasonable.
2. [The hearing officer may order that an emergency award be made to the victim to avoid financial hardship. The hearing officer may order that the amount of the emergency award be deducted from the final award, or if the emergency award exceeds the amount finally awarded to the victim, that the victim repay the difference between the two awards. An award of compensation including any emergency award ordered to be paid in advance to assist the victim, may be made subject to such terms and conditions as the hearing officer considers necessary or advisable with respect to payment, disposition, allotment or apportionment of the award.
3.] No award may be made [for less than $100 or] for more than $15,000 . [except in the case of a minor who was involved in the production of pornography.]
Sec. 14. NRS 217.210 is hereby amended to read as follows:
217.210 1. [No] Except as provided in subsection 3, no order for the payment of compensation may be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.
2. A claim with respect to which information has been requested from a claimant by the compensation officer or hearing officer remains open for 1 year after the request is made. If a claimant does not submit the requested information within 1 year after the request is made, the claim must be denied.
3. The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 18 years of age.
Sec. 15. NRS 217.220 is hereby amended to read as follows:
217.220 1. Except as otherwise provided in [subsection 2,] subsections 2, 3 and 4, compensation must not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;
(c) [Violated a penal law of this state, which caused or contributed to his injuries or death;
(d)] Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless [such] the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim;
[(e)] (d) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred; or
κ1985 Statutes of Nevada, Page 2104 (CHAPTER 644, AB 261)κ
[(f)] (e) Was a coconspirator, codefendant or accomplice of the offender whose crime caused the victims injuries.
2. The provisions of subsection 1 do not apply to a minor who was involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730.
3. The provisions of paragraphs (a) and (b) of subsection 1 do not apply to a minor who was a victim of sexual abuse, as that term is defined in NRS 200.5011.
4. A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if:
(a) The offender would not profit by the compensation of the victim; and
(b) The victim cooperates with agencies of law enforcement. Such cooperation does not require prosecution of the offender.
5. The hearing officer may deny an award if he determines that the claimant will not suffer serious financial hardship. In determining whether a claimant will suffer serious financial hardship, the hearing officer shall not consider:
(a) The value of the victims dwelling;
(b) The value of one motor vehicle owned by the victim; or
(c) The savings and investments of the victim up to an amount equal to the victims annual salary.
Sec. 16. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The state board of examiners shall estimate quarterly:
(a) The revenue in the fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment of minors who are involved in the production of pornography in violation of NRS 200.710, 200.720 or 200.730.
3. [If on June 30 of any year the fund contains more than $350,000, excluding any money deposited which is recovered from a forfeiture of assets pursuant to NRS 200.760, the state treasurer shall distribute the excess to the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties.
κ1985 Statutes of Nevada, Page 2105 (CHAPTER 644, AB 261)κ
county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.] The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be credited to the fund.
Sec. 17. NRS 217.265 is hereby amended to read as follows:
217.265 [One-half] Three-fourths of the value of all money and other property which an offender receives for books, serialization rights, rights for movies and television programs and other payments which he receives based on his notoriety as an offender must be paid into the fund for the compensation of victims of crimes. The fund has a lien against the property of the offender for the amount due it pursuant to this section.
Sec. 18. NRS 217.300 is hereby amended to read as follows:
217.300 [1. Any victim of sexual assault may request and receive initial emergency medical care at a hospital for any physical injuries which resulted from the sexual assault.
2. Any costs incurred for such treatment shall be charged to and paid by the county in whose jurisdiction the offense was committed.] The county in whose jurisdiction a sexual assault is committed shall pay any costs incurred for medical care for any physical injuries resulting from the assault which is provided to the victim not later than 72 hours after the victim first arrives for treatment.
Sec. 19. NRS 217.310 is hereby amended to read as follows:
217.310 1. If any victim of sexual assault requires medical treatment for physical injuries as a result of the sexual assault, in addition to any initial emergency medical care provided, or if any victim or spouse of such a victim suffers emotional trauma as a result of the sexual assault, the victim or spouse may, upon submitting an affidavit as required by subsection 2, apply to the board of county commissioners in the county where the sexual assault occurred for treatment at county expense.
2. The board shall approve an application for treatment upon receiving an affidavit from the applicant declaring that:
(a) The applicant is a victim of sexual assault or spouse of such a victim;
(b) The sexual assault occurred in the county; and
(c) The victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma,
as a result of the sexual assault.
3. A victim who has suffered emotional trauma may select a relative or close friend to receive counseling with the victim if the counselor agrees that such companionship will be helpful to the victim. If the victims application for treatment is approved, counseling for the relative or friend must also be approved.
4. The filing of a report with the appropriate law enforcement agency is a prerequisite to qualify for treatment under the provisions of this section.
κ1985 Statutes of Nevada, Page 2106 (CHAPTER 644, AB 261)κ
Sec. 20. NRS 217.320 is hereby amended to read as follows:
217.320 1. Upon approval by the board of county commissioners as provided in NRS 217.310, medical treatment for the victims physical injuries or treatment in the form of psychological, psychiatric and marital counseling for the victim , [and] the victims spouse and any other eligible person must be made available at a county hospital or other facility with which the board may contract for the purpose of providing such treatment.
2. Any costs for treatment provided pursuant to this section, not exceeding $1,000, shall be paid by the county which authorized the treatment.
Sec. 21. NRS 217.340 is hereby amended to read as follows:
217.340 No order for treatment pursuant to NRS 217.310 and 217.320 may be made by the board of county commissioners unless:
1. The application for treatment is made within 60 days after the date of the sexual assault; [and] or
2. The sexual assault was reported to the police within 3 days after its occurrence, or if the offense could not reasonably have been reported within that period, within 3 days after the time when a report could reasonably have been made.
Sec. 22. NRS 449.244 is hereby amended to read as follows:
449.244 1. Any costs incurred by a hospital for:
(a) The examination of the victim of a sexual offense, when [such] the examination is performed for the purposes of gathering evidence for possible prosecution of the person who committed the offense; or
(b) Initial emergency medical care for the victim,
[shall] must not be charged directly [or indirectly] to the victim. [Such costs shall] The costs must be charged to the county in whose jurisdiction the offense was committed.
2. Whenever costs are incurred by a hospital for treatment which has been approved by the board of county commissioners pursuant to NRS 217.310 for the victim of a sexual assault [or the spouse of such a victim, or both,] and any other person eligible for treatment, the costs of the treatment, not to exceed $1,000, must be charged to the county which authorized the treatment. Any remainder must be handled the same as other hospital costs.
Sec. 23. Section 3 of chapter 181, Statutes of Nevada 1985, is hereby amended to read as follows:
Sec. 3. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid. The state board of examiners shall estimate quarterly:
κ1985 Statutes of Nevada, Page 2107 (CHAPTER 644, AB 261)κ
(a) The revenue in the fund which is available for the payment of compensation; and
(b) The anticipated expenses for the next quarter.
If the estimated expenses for the quarter exceed the available revenue, all claims paid in that quarter must be reduced in the same proportion as the expenses exceeded the revenue.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and medical treatment [of minors who are involved in the production of pornography] victims of crimes committed in violation of NRS 200.366, 200.710, 200.720 [or 200.730.] , 200.730 or 201.230.
3. The interest and income earned on the money in the fund for the compensation of victims of crime, after deducting any applicable charges, must be credited to the fund.
Sec. 24. This section and sections 16 and 23 of this act become effective upon passage and approval.
________
Senate Bill No. 460Senators Rawson, Foley, Mello, Neal, Raggio, Ryan and Townsend
CHAPTER 645
AN ACT relating to an interim study on restraining the cost of medical services; making an appropriation; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The legislative commission shall conduct an interim study into ways of restraining the costs of health care in this state while ensuring the quality of those services.
2. The study must include:
(a) An examination of the effectiveness of the legislation enacted by the 63rd session in accomplishing this purpose and its effects upon the subjects of inquiry listed in paragraphs (b) to (j), inclusive, of this subsection;
(b) A review and evaluation of the quality and effectiveness of programs for the prevention of illness;
(c) A comparison of the costs of medical care among communities in Nevada and with similar communities in other states;
(d) An analysis of the overall system of medical care to determine ways to coordinate the providing of services to all members of society, avoid the duplication of services and achieve the most efficient use of all available resources;
(e) An examination of the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of those services;
κ1985 Statutes of Nevada, Page 2108 (CHAPTER 645, SB 460)κ
and organizations which restrict the performance of medical services to certain physicians and hospitals, and procedures to contain the costs of those services;
(f) An examination of hospitals to:
(1) Increase cooperation among hospitals;
(2) Increase the use of regional medical centers;
(3) Encourage them to use medical procedures which do not require the patient to be admitted to the hospital and to use the resulting extra space in alternative ways; and
(4) Encourage their participation with health maintenance organizations and organizations which restrict the performance of medical services to certain physicians and hospitals;
(g) An examination of medical malpractice;
(h) An examination of the system of education to coordinate:
(1) Programs in education about health, including those for the prevention of illness and those which teach the best use of available medical services; and
(2) The education of those who provide medical care;
(i) An evaluation of the need for a commission to regulate the rates charged by persons who provide medical care; and
(j) Any other matter which is determined by the legislative commission to be relevant.
3. The legislative commission shall submit its report and any recommended legislation to the 64th session of the legislature.
Sec. 2. There is hereby appropriated from the state general fund to the legislative fund the sum of $113,360 for the support of the interim study conducted pursuant to section 1 of this act.
Sec. 3. Any remaining balance of the appropriation made by section 2 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. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 498Committee on Government Affairs
CHAPTER 646
AN ACT relating to public investments; authorizing a county treasurer to pool the money of local governments for investment; requiring possession of or a security interest in securities purchased by a local government; authorizing a county to take action to recover money invested under certain circumstances; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
κ1985 Statutes of Nevada, Page 2109 (CHAPTER 646, SB 498)κ
Sec. 2. 1. Except as otherwise provided in this section or by statute or contract regarding money from a particular source, the county treasurer of any county may pool, for purposes of investment, any money held by him for local governments, as defined in NRS 354.474, which he is otherwise authorized by statute to invest.
2. Before a county treasurer pools any money pursuant to subsection 1, he shall notify in writing each local government whose money is to be included in the pool. The county treasurer may pool the money of the various local governments notified unless he is directed by a local government, within 15 days after receipt of the notice, to invest all or a portion of its money separately from any money so pooled. The notice must include a copy of the guidelines established by the county treasurer pursuant to subsection 3 and must state the time within which the local government must respond, as provided in this subsection.
3. The county treasurer must establish written guidelines for the pooling of money for investments, including provisions concerning:
(a) The method of allocating any income or loss from any investments among the participating local governments;
(b) The procedures for notification of the county treasurer by a local government of how long a period the money is expected to be available for investment;
(c) Early withdrawals, of money invested through the pool, by request of a participating local government, and the charging of any penalties or loss of interest incurred because of the early withdrawal, against the money of that local government; and
(d) The method by which a local government may partially or completely terminate its participation in the pool.
Sec. 3. 1. Any securities purchased as an investment of money by or on behalf of a local government, as defined in NRS 354.474, must remain in the possession of the treasurer or other appropriate officer of that local government or a bank, as provided in subsection 2, throughout the period of the investment, except that any securities subject to repurchase by the seller may be evidenced by a fully perfected, first-priority security interest, as provided in subsection 3.
2. The treasurer or other appropriate officer of a local government may physically possess such securities, which must be in bearer form or registered in the name of the local government, or may make an agreement, in writing, with the trust department of any bank insured by the Federal Deposit Insurance Corporation to hold those securities in trust for that local government. If such an agreement is made, the trust department shall furnish the treasurer or other officer with a written statement acknowledging that it is so holding the securities.
3. If the securities purchased are subject to an arrangement for the repurchase of those securities by the seller thereof, the treasurer or other officer or a trust department of a bank, as provided in subsection 2, may, in lieu of the requirement of possession, obtain the sole, fully perfected, first-priority security interest in those securities. If the trust department of a bank obtains such a security interest, it shall furnish the treasurer or other officer with a written statement acknowledging that fact.
κ1985 Statutes of Nevada, Page 2110 (CHAPTER 646, SB 498)κ
department of a bank obtains such a security interest, it shall furnish the treasurer or other officer with a written statement acknowledging that fact. Any securities so purchased must, at the time of purchase by or for a local government, have a fair market value equal to or greater than the repurchase price of the securities.
Sec. 4. 1. If an investment of the money of a county or other local government is made by the county treasurer, whether separately or through a pooling arrangement as provided in section 2 of this act, the county may, on behalf of that local government, take any lawful action necessary to recover the money invested if:
(a) The principal of and interest on any investment is not received when due; or
(b) The corporation, bank, broker or other person with whom the investment is made becomes insolvent or bankrupt or is placed in receivership.
2. The expenses of any action taken pursuant to this section must be paid from the money recovered and allocated among the funds from which the investment is made in the same manner as any loss on an investment is allocated. If the total amount of money recovered is insufficient to pay those expenses, the excess amount is a charge against the county.
Sec. 4.5. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as provided in subsection 2, a board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, [as now or hereafter amended,] and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, [as now or hereafter amended,] and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive . [, as now or hereafter amended.]
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations.
(f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
κ1985 Statutes of Nevada, Page 2111 (CHAPTER 646, SB 498)κ
local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
(g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.
(h) [Commercial paper as it is set forth in the Uniform Commercial Code — Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 270 days maturity and must be of prime quality as defined by a nationally recognized organization which rates those securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia. Purchases of commercial paper may not exceed 10 percent of the money available to a local government for investment.
(i)] Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed 10 percent of the money available to a local government for investment.
2. The securities described in paragraphs (a) to (c), inclusive, of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
3. When the board of county commissioners or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
4. Any interest earned on money invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
5. The board of county commissioners or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 of this section and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county or incorporated city.
κ1985 Statutes of Nevada, Page 2112 (CHAPTER 646, SB 498)κ
6. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
Sec. 5. NRS 355.175 is hereby amended to read as follows:
355.175 1. The governing body of any local government or agency, whether or not it is included in the provisions of chapter 354 of NRS, may [direct] :
(a) Direct its treasurer or other appropriate officer to invest its [moneys] money or any part thereof in any investment which is lawful for a county or incorporated city pursuant to NRS 355.170 [.] ; or
(b) Allow a county treasurer to make such investments through a pool as provided in section 2 of this act.
2. In case of conflict, any order made pursuant to paragraph (a) of subsection 1 [of this section shall take] takes precedence over any other order concerning the same [moneys] money or funds pursuant to subsection 4 of NRS 355.170.
3. Any interest earned from investments made pursuant to this section [shall] must be credited, at the discretion of the local governing unit, to any fund under its control, [such designation to] but the designation of the fund must be made at the time of investment of the principal.
Sec. 5.5. NRS 356.020 is hereby amended to read as follows:
356.020 1. All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:
(a) Obligations of the United States;
(b) Bonds of this state;
(c) Bonds of any county, municipality or school district within this state;
(d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025; or
(e) Instruments in which the state is permitted by NRS 355.140 to invest.
2. Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any federal home loan bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.
3. [The depository bank, credit union or savings and loan association may pledge one or more pools of securities as collateral to secure deposits by one or more governmental entities.
4.] The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurers deposit with the depository bank, credit union or association. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be one-half of the unpaid principal of the notes.
κ1985 Statutes of Nevada, Page 2113 (CHAPTER 646, SB 498)κ
any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be one-half of the unpaid principal of the notes. [If a depository maintains one or more pools of securities to secure the money deposited by the state treasurer, the total fair market value of the securities comprising the pools must be at least the amount of the deposits by governmental entities which are secured by the pools.
5.] 4. All securities to be used as such collateral are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral [, the] and their fair market value . [of the securities and, if the collateral is a pool of securities, the total amount of the deposits which are secured by the pool.
6.] 5. The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the state treasurers deposit.
Sec. 6. 1. Subsections 1 and 2 of section 2 of this act do not affect or apply to any pooling of money for investments undertaken by a county treasurer before July 1, 1985. The methods used to determine the sources of money contained in such a pool and the allocation of income and losses and contingency reserves therefor among the various funds in the pool, as indicated by any internal audit of the pool prepared at the request of a county comptroller, or in any applicable document or statement of policy remains in effect and governs those pooling arrangements.
2. A county treasurer who has undertaken such a pooling of money before July 1, 1985, shall, within 60 days after that date, establish written guidelines as provided in subsection 3 of section 2 of this act and furnish to each local government in the county a copy of those guidelines.
________
Assembly Bill No. 542Committee on Government Affairs
CHAPTER 647
AN ACT relating to the development of real property; authorizing a local government to agree not to apply to such property regulations adopted after that agreement; providing procedures for such an agreement; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
κ1985 Statutes of Nevada, Page 2114 (CHAPTER 647, AB 542)κ
Sec. 2. 1. In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. This agreement must describe the land which is the subject of the agreement and specify the duration of the agreement, the permitted uses of the land, the density or intensity of its use, the maximum height and size of the proposed buildings and any provisions for the dedication of any portion of the land for public use. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.
2. Unless the agreement otherwise provides, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.
3. Nothing in this section prohibits the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.
4. The provisions of NRS 278.350, 278.360 and 278A.510 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.
Sec. 3. 1. The governing body may, if it finds that the provisions of the agreement are consistent with the masterplan, approve the agreement by ordinance.
2. Within a reasonable time after approval of the agreement, the clerk of the governing body shall cause the original agreement to be filed with the county recorder or the recorder of Carson City for recording. Upon recordation the agreement binds all parties and their successors in interest for the duration of the agreement.
Sec. 4. 1. The agreement for development of land may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest, except that if the governing body determines, upon a review of the development of the land held at least once every 24 months, that the terms or conditions of the agreement are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.
2. Notice of intention to amend or cancel any portion of the agreement must be given by publication in a newspaper of general circulation in the applicable city or county. The governing body may approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the amendment must be filed for recording with the county recorder or the recorder of Carson City.
κ1985 Statutes of Nevada, Page 2115 (CHAPTER 647, AB 542)κ
Sec. 5. A certified copy of any local ordinance adopting the agreement for the development of property and any amendments thereto must be recorded in the office of the county recorder or the recorder of Carson City.
Sec. 6. NRS 278.010 is hereby amended to read as follows:
278.010 For the purpose of NRS 278.010 to 278.630, inclusive [:] , and sections 2 to 5, inclusive, of this act:
1. Acre site consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.
2. Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
3. Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
4. Commission means the planning commission of the city, the county or the region, as established by ordinance.
5. County surveyor means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.
6. Final map means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 to 5, inclusive, of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.
7. Governing body means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.
8. Improvement means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision . [and local neighborhood traffic and drainage needs.]
9. Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and sections 2 to 5, inclusive, of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. [A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.]
10. Lot means a distinct part or parcel of land which has been divided [with the intention or for the purpose of transferring ownership or for the purpose of building.] to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.
κ1985 Statutes of Nevada, Page 2116 (CHAPTER 647, AB 542)κ
11. Parcel map means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.
12. Right of way includes all public and private rights of way and [shall include] all areas required for public use in accordance with any master plan or parts thereof.
13. Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.
14. Subdivider means a person [, firm, corporation, partnership or association] who causes land to be divided into a subdivision for himself or for others.
15. [Subdivision is defined in NRS 278.320.
16.] Tentative map means a map made [for the purpose of showing] to show the design of a proposed subdivision and the existing conditions in and around it.
Sec. 7. NRS 278.350 is hereby amended to read as follows:
278.350 Unless a longer time is provided pursuant to section 2 of this act:
1. The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body shall certify [such approval.] the map as approved.
Sec. 8. NRS 278.360 is hereby amended to read as follows:
278.360 Unless a longer time is provided pursuant to section 2 of this act:
1. Unless the time is extended, the subdivider shall present to the governing body a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map by the governing body.
2. If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map by the governing body, or within 1 year after the date of approval by the governing body of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
3. The governing body may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.
Sec. 9. NRS 278A.510 is hereby amended to read as follows:
278A.510 [If] Unless the time is specified pursuant to section 2 of this act, if a plan is granted tentative approval, with or without conditions, the city or county shall set forth, in the minute action, the time within which an application for final approval of the plan [shall] must be filed or, in the case of a plan which provides for development over a period of years, the periods [of time] within which application for final approval of each part thereof [shall] must be filed.
κ1985 Statutes of Nevada, Page 2117 (CHAPTER 647, AB 542)κ
be filed or, in the case of a plan which provides for development over a period of years, the periods [of time] within which application for final approval of each part thereof [shall] must be filed.
________
Assembly Bill No. 514Assemblyman Nicholas
CHAPTER 648
AN ACT relating to emergency medical services; requiring attendant in an ambulance to be trained in basic care; redefining ambulance; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A program for training in the basic care of a patient in urgent need of medical care or observation must be:
(a) Supervised by a physician and approved by the health division; or
(b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.
2. Except as provided in subsections 3 and 4, training in basic care must include:
(a) Procedures to establish and maintain an open airway in a patient;
(b) Administration of oxygen, both manually and by a device which uses intermittent positive pressure;
(c) Cardio-pulmonary resuscitation;
(d) Treatment of shock;
(e) Control of bleeding;
(f) Treatment of wounds;
(g) Application of splints;
(h) Treatment for poisoning;
(i) Childbirth; and
(j) Rescue.
3. A program for training in the basic care of a patient may follow the curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.
4. The board may adopt regulations which prescribe other requirements for training in the basic care of a patient in urgent need of medical care or observation.
5. An owner of an ambulance shall not offer basic care of a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training in such care.
Sec. 2. NRS 450B.040 is hereby amended to read as follows:
450B.040 Ambulance means a motor vehicle [designed and used primarily for the transportation of injured or sick persons, including dual purpose law enforcement vehicles and funeral hearses which otherwise come under the provisions of this chapter.
κ1985 Statutes of Nevada, Page 2118 (CHAPTER 648, AB 514)κ
used primarily for the transportation of injured or sick persons, including dual purpose law enforcement vehicles and funeral hearses which otherwise come under the provisions of this chapter. Ambulance does not include a vehicle designed primarily for rescue operations and which does not ordinarily transport persons upon the streets or highways.] which is specially designed, constructed, equipped and staffed to provide basic, intermediate or advanced care for one or more sick or injured persons whose medical condition may require special observation during transportation or transfer.
Sec. 3. NRS 450B.160 is hereby amended to read as follows:
450B.160 1. The health division may issue licenses to attendants.
2. Each license must be evidenced by a card issued to the license holder.
3. Each license is valid for a period not to exceed 2 years, and is renewable.
4. To obtain a license as an attendant, an applicant must file with the health division:
(a) A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid [equivalent to the programs or courses in advanced first aid offered by:
(1) The American Red Cross;
(2) The United States Bureau of Mines;
(3) The Armed Forces of the United States , (to medical corpsmen); or
(4) Any other rescue or emergency first aid organization recognized by the board.] :
(1) At a level of skill determined by the board; or
(2) Equivalent to the national standardized course for emergency medical technicians.
(b) A signed statement showing [his:
(1) Name] :
(1) His name and address;
(2) [Employers] His employers name and address; and
(3) [Job description.] A description of his duties.
(c) Such other certificates for training and such other items as the board may specify.
5. An applicant who is not a volunteer must file with the health division, in addition to the items specified in subsection 4, a current, valid certificate designating him as an emergency medical technician.
6. The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
7. Each ambulance service and air ambulance service shall annually file with the health division a complete list of the licensed attendants in its service.
8. Licensed physicians and registered nurses may serve as attendants without being licensed as ambulance attendants, but a registered nurse who is employed to perform advanced emergency care in an ambulance or air ambulance must be qualified as required by the regulations of the state board of nursing.
κ1985 Statutes of Nevada, Page 2119 (CHAPTER 648, AB 514)κ
ambulance or air ambulance must be qualified as required by the regulations of the state board of nursing.
________
Assembly Bill No. 702Assemblyman Getto (by request)
CHAPTER 649
AN ACT relating to the retrocession of jurisdiction; providing for the retrocession by the state to the Federal Government of all criminal and civil jurisdiction over the Indian country within the State of Nevada occupied by the Ely Shoshone Tribe; and providing other matters properly relating thereto.
[Approved June 12, 1985]
whereas, The Ely Shoshone Tribe has, by a majority vote at a special election held in January 1985, withdrawn its consent to the continuation of jurisdiction by this state over the land occupied by that tribe; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The State of Nevada hereby recedes from and relinquishes all criminal and civil jurisdiction over that area of Indian Country within this state occupied by the Ely Shoshone Tribe and known as the Ely Indian Colony.
Sec. 2. The provisions of section 1 of this act do not impair or affect any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture or punishment incurred before the date on which the United States accepts this retrocession.
Sec. 3. The secretary of state shall transmit to the Secretary of the Interior of the United States a copy of this act and shall request notification of any action taken by the Secretary of the Interior, pursuant to 25 U.S.C. § 1323, with respect to this act.
Sec. 4. Sections 1 and 2 of this act become effective on the date when the retrocession and relinquishment by the State of Nevada, as set forth in those sections, is accepted by the United States. Sections 3 and 4 of this act become effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 2120κ
Assembly Bill No. 712Committee on Natural Resources, Agriculture and Mining
CHAPTER 650
AN ACT relating to the state forester firewarden; regulating the planting of vegetation around structures; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 472 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state forester firewarden may:
(a) In a district formed pursuant to NRS 473.034; and
(b) In an area designated pursuant to paragraph (d) of subsection 1 of NRS 472.040, including any land within the ½-mile radius surrounding such an area,
enforce the provisions of Appendix II-A of the Uniform Fire Code of the International Conference of Building Officials in the form most recently adopted by that conference before July 1, 1985, regarding the clearance of brush, dense undergrowth and other vegetation around and adjacent to a structure to reduce the exposure of the structure to fire and radiant heat and increase the ability of firefighters to protect the structure.
2. The enforcement of these provisions must permit the planting of grass, trees, ornamental shrubbery or other plants used to stabilize the soil and prevent erosion so long as the plants do not form a means of rapidly transmitting fire from native growth to any structure.
________
Senate Bill No. 345Senators Wagner and Wilson
CHAPTER 651
AN ACT relating to public officers; abolishing the former state ethics commissions; creating the commission on ethics; providing for its powers and duties; expanding the disclosure required regarding the ownership of real estate; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12.5, inclusive, of this act.
Sec. 2. Business entity means any proprietorship, partnership, corporation or other enterprise doing business in the State of Nevada.
Sec. 3. Commission means the commission on ethics.
κ1985 Statutes of Nevada, Page 2121 (CHAPTER 651, SB 345)κ
Sec. 4. 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.
Sec. 5. Financial interest means:
1. 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.
2. Income amounting to 10 percent or more of the gross income of the interested person.
Sec. 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.
Sec. 7. Legislative function means introducing or voting upon any ordinance or resolution, or voting upon:
1. The appropriation of public money;
2. The issuance of a license or permit; or
3. Any proposed subdivision of land or special exception or variance from zoning regulations.
Sec. 8. Member of the executive branch means any public officer who is not a member of the legislative branch.
Sec. 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 a city or other political subdivision who performs a legislative function.
Sec. 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.
Sec. 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:
1. Any justice, judge or other officer of the court system;
2. A notary public or commissioner of deeds; and
3. Any member of a board, commission or other body whose function is advisory.
Sec. 12. 1. The commission on ethics, consisting of six members, is hereby created.
2. The legislative commission shall appoint to the commission:
(a) One former legislator;
(b) One former public officer of a county; and
(c) One former public officer of a city.
3. The governor shall appoint to the commission three residents of the state, one of whom must be, if available and willing to serve, a retired justice or judge of this state who was not removed or retired from that office for cause.
κ1985 Statutes of Nevada, Page 2122 (CHAPTER 651, SB 345)κ
retired justice or judge of this state who was not removed or retired from that office for cause.
4. Not more than three members of the commission may be members of the same political party. Not more than three members may be residents of the same county. None of the members may hold another public office while he is serving on the commission.
5. After the initial terms, the members shall serve terms of 4 years. Any vacancy in the membership must be filled by the appropriate appointing authority for the unexpired term. Each member may serve no more than two consecutive full terms.
Sec. 12.3. 1. It is unlawful for any person to make, use, publish or disseminate any statement which is known or through the exercise of reasonable care should be known to be false, deceptive or misleading in order to induce the commission to render an opinion or to take any action related to the rendering of an opinion.
2. Any person who knowingly violates the provisions of subsection 1 is guilty of a misdemeanor.
3. The commission shall inform the attorney general or the district attorney of any case involving a violation of subsection 1.
Sec. 12.5. The secretary of state and each county or city clerk who receives a declaration of candidacy, acceptance of candidacy or affidavit of candidacy shall give to the candidate the form prescribed by the commission for the making of a statement of financial disclosure, accompanied by instructions on how to complete the form, where it must be filed and the time by which it must be filed.
Sec. 13. NRS 281.431 is hereby amended to read as follows:
281.431 As used in NRS 281.411 to 281.581, inclusive, and sections 2 to 12.5, inclusive, of this act, 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.
κ1985 Statutes of Nevada, Page 2123 (CHAPTER 651, SB 345)κ
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.
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.] , the words and terms defined in sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 14. NRS 281.461 is hereby amended to read as follows:
281.461 1. [Each commission:
(a) Shall at] The commission shall:
(a) At its first meeting and annually thereafter elect a chairman from among its members.
[(b) May meet]
(b) Meet regularly at least once in each calendar quarter and at other times upon the call of the chairman.
2. Members of [each] the commission are entitled to receive a salary of $60 per day while engaged in the business of the commission.
3. [Each commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed must be within the limits of appropriations made by law.] The secretary of state shall designate a member of his staff to assist the commission in performing the clerical functions related to the review of statements of financial disclosure pursuant to NRS 281.561, including the keeping of all necessary records related thereto.
4. The commission may, within the limits of legislative appropriation:
(a) Employ such persons as are necessary to carry out any of its duties relating to the administration of its affairs, other than those relating to the review of statements of financial disclosure; and
κ1985 Statutes of Nevada, Page 2124 (CHAPTER 651, SB 345)κ
duties relating to the administration of its affairs, other than those relating to the review of statements of financial disclosure; and
(b) Maintain such facilities as are required to carry out its functions.
Sec. 15. NRS 281.471 is hereby amended to read as follows:
281.471 [Each] The commission shall:
1. Adopt procedural regulations to facilitate the receipt of inquiries and prompt rendition of its opinions.
2. Prescribe, by regulation, forms and procedures for the submission of statements of financial disclosure, maintain files of [such] the statements and make [such] the statements available for public inspection.
3. Inform the attorney general or district attorney of all cases of noncompliance with the [disclosure requirements by persons within its branch of government.] requirements for disclosure.
4. Recommend to the legislature such further legislation as the commission considers desirable or necessary to promote and maintain high standards of ethical conduct in government.
Sec. 16. NRS 281.511 is hereby amended to read as follows:
281.511 1. [The executive ethics commission shall with respect to members of the executive branch, and the legislative ethics commission shall with respect to members of the legislative branch:
(a) Render opinions interpreting the code of ethical standards and the respective additional standards, and shall apply the code and additional standards to given sets of facts and circumstances upon requests from an appropriate ethics committee or by an appropriate public officer or employee seeking guidance on questions directly related to the propriety of his own future conduct as an officeholder or employee. Each such opinion is confidential unless:
(1) Released by the requester; or
(2) The public officer or employee acts in contravention of the opinion, in which case the appropriate commission may disclose the content of the opinion.
(b) Publish hypothetical opinions, abstracted from the opinions rendered under paragraph (a), for the future guidance of all persons concerned with ethical standards in government.
2. A committee of the legislature may request an opinion upon the propriety of the future conduct of any member of the committee as it would relate to the work of that committee.
3.] The commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances upon request from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of his own future conduct as an officer or employee.
2. The commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:
(a) Upon request from a specialized or local ethics committee; or
(b) Upon the commissions own motion regarding the propriety of conduct by a public officer or employee, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee,
κ1985 Statutes of Nevada, Page 2125 (CHAPTER 651, SB 345)κ
conduct by a public officer or employee, if the commission first determines in an adopted motion that there is just and sufficient cause to render an opinion concerning the conduct of that public officer or employee,
on the condition that any public officer or employee about whom an opinion is requested or authorized must be notified immediately by certified mail that an opinion has been requested or authorized and that he has a right to appear before the commission and present evidence and argument.
3. The commission shall render the opinion requested pursuant to this subsection as expeditiously as possible in light of the circumstances of the public officer or employee about whom the opinion is requested, so as to minimize any adverse consequences to him that may result from any delay in issuing the opinion.
4. Each opinion rendered by the commission and any motion relating to the opinion is confidential unless:
(a) The public officer or employee acts in contravention of the opinion, in which case the commission may disclose the contents of the opinion and any motion related thereto;
(b) It is an opinion requested pursuant to subsection 1 and the requester discloses the content of the opinion;
(c) It is an opinion requested or issued pursuant to paragraph (b) of subsection 2 and the person about whom the opinion was requested discloses the content of the opinion, the request or any motion or action related thereto; or
(d) It is an opinion requested pursuant to subsection 2, the commission determines that there is insufficient basis to render an opinion and the person about whom the opinion was requested has asked the commission to make public the reasons for not rendering the opinion.
5. If an opinion is requested pursuant to paragraph (b) of subsection 2 and a motion that there is just and sufficient cause to render an opinion has been adopted by the commission, the commission shall:
(a) Notify the person about whom the opinion was requested of the place and time of the commissions hearing on the matter;
(b) Allow him to be represented by counsel; and
(c) Allow him to hear the evidence presented to the commission and to respond and present evidence on his own behalf.
The commissions hearing may be held no sooner than 2 weeks after the notice is given.
6. If any person requesting an opinion pursuant to subsection 1 or 2 does not:
(a) Submit all necessary information to the commission; and
(b) Declare by oath or affirmation that he will testify truthfully,
the commission may decline to render an opinion.
7. For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.
κ1985 Statutes of Nevada, Page 2126 (CHAPTER 651, SB 345)κ
8. The commission shall publish hypothetical opinions which are abstracted from the opinions rendered under subsection 1 or 2, for the future guidance of all persons concerned with ethical standards in government.
9. Any meeting held by [a] the commission to receive information concerning the propriety of the [future] conduct of any public officer or employee is not subject to any provision of chapter 241 of NRS.
Sec. 17. NRS 281.521 is hereby amended to read as follows:
281.521 [Each] The commissions opinions may include guidance to [an appropriate] a public officer or employee on questions whether:
1. A conflict exists between his personal interest and his official duty.
2. His official duties involve the use of discretionary judgment whose exercise in the particular matter would have a significant effect upon the disposition of the matter.
3. The conflict would materially affect the independence of the judgment of a reasonable person in his situation.
4. He possesses special knowledge which is an indispensable asset of his public agency and is needed by it to reach a sound decision.
5. It would be appropriate for him to withdraw or abstain from participation, disclose the nature of his conflicting personal interest [,] or pursue some other designated course of action in the matter.
Sec. 18. NRS 281.531 is hereby amended to read as follows:
281.531 The attorney general is the legal adviser to [each] the commission. For each opinion he shall prepare at the direction of the commission the appropriate findings of fact and conclusions as to relevant standards and the propriety of particular conduct.
Sec. 19. NRS 281.541 is hereby amended to read as follows:
281.541 1. Any department, board, commission or other agency of the state or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the [commissions.] commission. Such a committee may:
[1.] (a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. [Such] The standards may not be less restrictive than the [statewide code of standards.
2.] statutory ethical standards.
(b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of his own future official conduct or refer [such] the request to the commission. Any public officer or employee under such a committee shall direct his inquiry to that committee instead of [either] the commission.
2. Such a committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.
Sec. 20. NRS 281.561 is hereby amended to read as follows:
281.561 Every candidate for public office and every public officer shall file with the secretary of state, for review by the commission , [established for the branch in which he seeks or holds office] a statement of financial disclosure, as follows:
κ1985 Statutes of Nevada, Page 2127 (CHAPTER 651, SB 345)κ
shall file with the secretary of state, for review by the commission , [established for the branch in which he seeks or holds office] a statement of financial disclosure, as follows:
1. A candidate for nomination or election shall file a statement of financial disclosure [with the commission established for the branch in which he seeks office] no later than the 10th day after the last day to qualify as a candidate for the office.
2. A public officer appointed to fill the unexpired term of an elected public officer shall file a statement of financial disclosure [with the commission established for the branch in which he holds office] within 6 months after his appointment.
3. A public officer who holds an elective office shall file a statement of financial disclosure [with the commission established for the branch in which he holds office] within 6 months before the expiration of his term.
4. A public officer who holds an appointive office shall file statements of financial disclosure : [with the commission established for the branch in which he holds office:]
(a) Within 6 months after his appointment; and
(b) Within 6 months before the expiration of his term, or if he serves at the pleasure of the appointing authority, within 6 months before the expiration of the term of the appointing authority, or if the appointing authority has no fixed term, within such period as the [appropriate] commission prescribes.
Sec. 21. NRS 281.571 is hereby amended to read as follows:
281.571 Statements of financial disclosure [shall] must be made in such form as the commission prescribes and [shall] must contain the following information concerning the candidate or public officer:
1. His length of residence in the State of Nevada and the district in which he is registered to vote.
2. Each source of his income, or that of any member of his household, which constitutes 10 percent or more of [such] the persons gross income for the preceding taxable year. No listing of individual clients, customers or patients is required, but if [such] that is the case , a general source such as professional services must be disclosed.
3. [As limited by this subsection, any real estate which he or a member of his household owns in this state, except a personal residence, identified by general location and the nature of its use. An officer of a county, city or other political subdivision is required to list such real estate only if it is within the county, city or other political subdivision respectively. Any public officer is required to list such real estate only if its fair market value is $2,500 or more.] A list of the general location and normal use of any real estate , other than a personal residence:
(a) In which he or a member of his household has a legal or beneficial interest;
(b) Whose fair market value is $2,500 or more; and
(c) Which is located in this state or any adjacent state.
κ1985 Statutes of Nevada, Page 2128 (CHAPTER 651, SB 345)κ
4. The name of each creditor to whom he or a member of his household owes $5,000 or more, except for:
(a) A debt secured by a mortgage or deed of trust of real property which is not required to be listed under subsection 3; and
(b) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.
The commission shall distribute or cause to be distributed any forms required for such a statement to each candidate and public officer who is required to file one.
Sec. 22. NRS 281.581 is hereby amended to read as follows:
281.581 A willful failure to file a statement of financial disclosure as required by the provisions of NRS 281.561 and 281.571 or regulations [of the appropriate commission] adopted thereunder is a misdemeanor.
Sec. 23. NRS 281.441 and 281.451 are hereby repealed.
Sec. 24. 1. As soon as practicable after July 1, 1985, the legislative commission shall appoint to the commission on ethics:
(a) One member who is qualified pursuant to paragraph (a) of subsection 2 of section 12 of this act to a term which expires on June 30, 1989.
(b) One member who is qualified pursuant to paragraph (b) of subsection 2 of section 12 of this act to a term which expires on June 30, 1988.
(c) One member who is qualified pursuant to paragraph (c) of subsection 2 of section 12 of this act to a term which expires on June 30, 1987.
2. As soon as practicable after the appointments pursuant to subsection 1 have been made, the governor shall appoint three members to the commission on ethics who are qualified pursuant to subsections 3 and 4 of section 12 of this act as follows:
(a) One member to a term which expires on June 30, 1988.
(b) One member to a term which expires on June 30, 1987.
(c) One member to a term which expires on June 30, 1986.
Sec. 25. 1. There is hereby appropriated from the state general fund to the secretary of state to enable him to carry out his duties under the provisions of this act:
For the fiscal year 1985-1986........................................................................ $31,598
For the fiscal year 1986-1987........................................................................ 17,665
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1985 Statutes of Nevada, Page 2129κ
Assembly Bill No. 172Committee on Economic Development and Tourism
CHAPTER 652
AN ACT relating to motor vehicles; exempting vehicles used for certain events relating to exhibitions and entertainment from the licensing requirements for special fuels users and the provisions regulating motor carriers; authorizing extended temporary licenses for common motor carriers of passengers; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless the special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. Any owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which must be purchased from the first available vendor. The fee for [such] the license is $20 for each motor vehicle. Such a license satisfies the requirements of this chapter and , except as otherwise provided in subsection 3, authorizes the operation of the motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours. Such a license allows the purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department may allow credit for such licenses purchased, if the applicant is licensed as a special fuel user. The application [must be considered] shall be deemed received on the date shown by the [post office cancellation mark] postmark stamped on the envelope containing [such] an application properly addressed to the department.
3. The department may issue, to the owner or operator of a common motor carrier of passengers as defined in NRS 706.041, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.
4. The department may adopt regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 2. NRS 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for [the purpose of] service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having an unladened weight of not more than 6,000 pounds.
κ1985 Statutes of Nevada, Page 2130 (CHAPTER 652, AB 172)κ
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property as defined in NRS 706.111 which are used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. The department may adopt regulations concerning the application and administration of this section.
Sec. 3. NRS 706.521 is hereby amended to read as follows:
706.521 1. Except as provided in subsection 5, any person has the option, in lieu of causing a motor vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a [48-hour] temporary license to be issued forthwith upon payment of a fee equal to 10 percent of the license fee provided in NRS 706.506, rounded off to the nearest dollar. The fee for the [48-hour] temporary license may not be less than $6 per motor vehicle nor more than $60.
2. [A 48-hour] Except as otherwise provided in subsection 6, a temporary license authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 [shall,] is entitled, upon application to the department in such form and detail as the department may require, to be issued a proper identifying device. The fee for each device is $4.
4. Upon request, the department may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS 706.506 to 706.516, inclusive.
5. The provisions of this section do not apply to operators of driveaway-towaway convoy vehicles.
6. The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.
Sec. 4. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except for the provisions of subsection 4 of NRS 706.171 and NRS 706.281, 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, apply to:
(a) The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
κ1985 Statutes of Nevada, Page 2131 (CHAPTER 652, AB 172)κ
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise other than as provided in paragraph (e), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.
(e) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
(f) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
Sec. 5. NRS 706.856 is hereby amended to read as follows:
706.856 1. The owner or operator of a motor vehicle coming within the provisions of NRS 706.801 to 706.861, inclusive, may, in lieu of registering it pursuant to the provisions of NRS 706.836 to 706.851, inclusive, apply for and obtain a [48-hour] temporary registration upon payment of a fee of $6, which fee is in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.801 to 705.861, inclusive.
2. [A 48-hour] Except as otherwise provided in subsection 6, a temporary registration authorizes operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person exercising this option shall purchase the license at the first available vendor in the State of Nevada. The operator of a motor vehicle obtaining a [48-hour] temporary registration from a vendor elects this option by virtue of the purchase. Any 48-hour period [of time] for which a [48-hour] temporary registration was not purchased must be billed for 48-hour temporary registration on an audit until the vehicle is licensed under NRS 706.836 to 706.851, inclusive.
4. Every person electing to pay fees on a [48-hour temporary registration] temporary basis shall keep a written record of every trip made into or through this state and each [48-hour] temporary registration so purchased . [, which] The record must be open to inspection by any agent or employee of the commission or the department.
κ1985 Statutes of Nevada, Page 2132 (CHAPTER 652, AB 172)κ
agent or employee of the commission or the department. The commission and the department may require any person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department may allow credit for the period for which temporary registrations were purchased if the applicant applies and prorates his vehicle registration.
6. The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.
7. As a condition for exercising the privilege of reciprocity under the provisions of NRS 482.390, the department may:
(a) Require the operator of motor vehicles eligible for reciprocity to file annually an application listing the motor vehicles to be operated in this state;
(b) Issue [identification] identifying devices for motor vehicles so listed;
(c) Collect an administrative fee of $4 per motor vehicle identified; and
(d) Collect the [48-hour] fee for temporary registration [fee] from the owner or operator of motor vehicles not so identified.
________
Assembly Bill No. 610Committee on Judiciary
CHAPTER 653
AN ACT relating to evidence; permitting, under certain circumstances the admission in criminal proceedings of a young childs statement concerning sexual conduct; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 48 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other provision for admissibility made by statute or rule of court, a statement made by a child under the age of 10 years describing any act of sexual conduct performed with or on the child is admissible in a criminal proceeding regarding that sexual conduct if the:
(a) Court finds, in a hearing out of the presence of the jury, that the time, content and circumstances of the statement provide sufficient circumstantial guarantees of trustworthiness; and
(b) Child either testifies at the proceeding or is unavailable or unable to testify.
2. If the child is unavailable or unable to testify, written notice must be given to the defendant at least 10 days before the trial of the prosecutions intention to offer the statement in evidence.
κ1985 Statutes of Nevada, Page 2133 (CHAPTER 653, AB 610)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 239Committee on Judiciary
CHAPTER 654
AN ACT relating to gaming; revising the regulation of disseminators of information concerning racing; restricting the profit of certain persons found unsuitable by the commission and limiting the price they may receive for their interests; regulating licensees participation in certain tournaments; clarifying the scope of regulation of games, race books and sports pools; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Associated equipment means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money.
Sec. 3. Race book means the business of accepting wagers upon the outcome of any event held at a track which uses the pari-mutuel system of wagering.
Sec. 4. 1. A person who has had his application for a license denied or who has been found unsuitable by the commission:
(a) Is not entitled to profit from his investment in a:
(1) Corporation other than a publicly traded corporation, as that term is defined in NRS 463.487;
(2) Partnership;
(3) Limited partnership; or
(4) Joint venture,
which has applied for or been granted a license.
(b) Shall not retain his interest in a corporation, partnership, limited partnership or joint venture beyond that period prescribed by the commission.
(c) Shall not accept more for his interest in a corporation, partnership, limited partnership or joint venture than he paid for it or the market value on the date of the denial of the license or the finding of unsuitability.
2. The board or commission may proceed pursuant to NRS 463.141 to enforce the provisions of subsection 1.
κ1985 Statutes of Nevada, Page 2134 (CHAPTER 654, SB 239)κ
Sec. 5. 1. A person shall not receive any consideration, direct or indirect, for conducting a tournament or contest on behalf of or in conjunction with a gaming licensee:
(a) Which involves a sporting event upon which wagers may be accepted or racing held at a track which uses the pari-mutuel system of wagering or gaming;
(b) In which persons pay a fee for the privilege of participating; and
(c) In which prizes are awarded to winners,
unless he has registered with the board in the manner prescribed by the board and supplied such information as the commission requires or unless he is an officer or employee of the licensee.
2. Any person who conducts a tournament or contest on behalf of or in conjunction with a gaming licensee may be required by the commission to be licensed by it as well as registered with the board. Any person so required must apply for a license within 30 days after the decision of the commission requiring him to obtain the license.
3. If any person required to be licensed pursuant to subsection 2:
(a) Does not apply for a license within 30 days after the decision of the commission that he must be licensed, and the commission finds him unsuitable for that reason; or
(b) Is denied a license,
the gaming licensee with whom he is associated shall terminate that association upon notification from the commission by registered or certified mail of its action.
Sec. 6. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 7. NRS 463.0152 is hereby amended to read as follows:
463.0152 Game or gambling game means any [banking or percentage] game played with cards, dice , equipment or any mechanical, electromechanical or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, poker, chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game or any other game or device approved by the commission, but does not include [social games played solely for drinks, or cigars or cigarettes served individually, or] games played with cards in private homes or residences [for prizes] in which no person makes money for operating the game, except as a player, or games operated by charitable or educational organizations which are approved by the board pursuant to the provisions of NRS 463.409.
κ1985 Statutes of Nevada, Page 2135 (CHAPTER 654, SB 239)κ
Sec. 8. NRS 463.0155 is hereby amended to read as follows:
463.0155 Gaming device means any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss. The term includes a system for processing information which can alter the normal criteria of random selection, which affects the operation of any game or which determines the outcome of a game. The term does not include a system or device which affects a game solely by stopping its operation so that the outcome remains undetermined.
Sec. 9. NRS 463.0157 is hereby amended to read as follows:
463.0157 Gaming employee means any person connected directly with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a [horse] race book, sports pool or pari-mutuel wagering, including:
1. Boxmen;
2. Cashiers;
3. Change personnel;
4. Counting room personnel;
5. Dealers;
6. Employees of manufacturers or distributors of gaming equipment within this state whose duties are directly involved with the manufacture, repair or distribution of gaming equipment;
7. Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
8. Floormen;
9. Hosts or other persons empowered to extend credit or complimentary services;
10. Keno runners;
11. Keno writers;
12. Machine mechanics;
13. Odds makers and line setters;
14. Security personnel;
15. Shift or pit bosses;
16. Shills;
17. Supervisors or managers; and
18. Ticket writers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
Sec. 10. NRS 463.0191 is hereby amended to read as follows:
463.0191 Slot machine means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object , [therein,] or upon payment of any consideration , [whatsoever,] is available to play or operate, the play or operation of which, whether by reason of the skill of the operator in playing a gambling game which is presented for play by the machine or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value , [whatsoever,] whether the payoff is made automatically from the machine or in any other manner .
κ1985 Statutes of Nevada, Page 2136 (CHAPTER 654, SB 239)κ
playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value , [whatsoever,] whether the payoff is made automatically from the machine or in any other manner . [whatsoever.]
Sec. 11. NRS 463.151 is hereby amended to read as follows:
463.151 1. The legislature hereby declares that the exclusion or ejection of certain persons from licensed gaming establishments which conduct pari-mutuel wagering or operate any [horse] race book, sports pool or games, other than slot machines only, is necessary to effectuate the policies of this chapter and to maintain effectively the strict regulation of licensed gaming.
2. The commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment which conducts pari-mutuel wagering or operates any [horse] race book, sports pool or games, other than slot machines only. The list may include any person whose presence in the establishment is determined by the board and the commission to pose a threat to the interests of this state or to licensed gaming, or both.
3. In making that determination, the board and the commission may consider any:
(a) Prior conviction of a crime which is a felony in this state or under the laws of the United States, a crime involving moral turpitude or a violation of the gaming laws of any state;
(b) Violation or conspiracy to violate the provisions of this chapter relating to:
(1) The failure to disclose an interest in a gaming establishment for which the person must obtain a license; or
(2) Willful evasion of fees or taxes;
(c) Notorious or unsavory reputation which would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive elements; or
(d) Written order of a governmental agency which authorizes the exclusion or ejection of the person from an establishment at which gaming or pari-mutuel wagering is conducted.
4. Race, color, creed, national origin or ancestry, or sex must not be grounds for placing the name of a person upon the list.
Sec. 12. NRS 463.154 is hereby amended to read as follows:
463.154 The commission may revoke, limit, condition, suspend or fine an individual licensee or licensed gaming establishment which conducts pari-mutuel wagering or operates any [horse] race book, sports pool or games, other than slot machines only, in accordance with the laws of this state and the regulations of the commission, if that establishment or any individual licensee affiliated therewith knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded or ejected.
Sec. 13. NRS 463.155 is hereby amended to read as follows:
463.155 Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to NRS 463.151 is guilty of a gross misdemeanor if he thereafter enters the premises of a licensed gaming establishment which conducts pari-mutuel wagering or operates any [horse] race book, sports pool or games, other than slot machines only, without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.
κ1985 Statutes of Nevada, Page 2137 (CHAPTER 654, SB 239)κ
to NRS 463.151 is guilty of a gross misdemeanor if he thereafter enters the premises of a licensed gaming establishment which conducts pari-mutuel wagering or operates any [horse] race book, sports pool or games, other than slot machines only, without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.
Sec. 14. NRS 463.159 is hereby amended to read as follows:
463.159 1. The commission shall by regulation require audits of all nonrestricted licensees [with an] whose annual gross revenue [of $1,000,000] is $3,000,000 or more. [Such audits shall be made not less frequently than once a year and whenever the ownership of such a nonrestricted licensee changes.]
2. The commission may require audits , compiled statements or reviews of the financial statements of nonrestricted licensees [with an] whose annual gross revenue [of] is less than [$1,000,000] $3,000,000. [and whenever the ownership of such a nonrestricted licensee changes.]
3. The audits , compilations and reviews provided for in subsections 1 and 2 [shall] must be made by independent accountants holding permits to practice public accounting in the State of Nevada.
4. [Regulations for such audits shall require, among other things, that:] Except as provided in subsection 5, for every audit required pursuant to this section:
(a) The independent accountants shall submit an audit report which [shall] must express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada state board of public accountants, but the preparation of statements without audit does not constitute compliance.
(b) The examination and audit [shall] must disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the commission pursuant to NRS 463.156 to 463.1592, inclusive.
5. If the license of a nonrestricted licensee is terminated within 3 months after the end of a period covered by an audit, the licensee may submit compiled statements in lieu of an additional audited statement for the licensees final period of business.
Sec. 15. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine or any [horserace] race book or sports pool;
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, [horserace] race book or sports pool,
κ1985 Statutes of Nevada, Page 2138 (CHAPTER 654, SB 239)κ
running or carrying on any game, slot machine, [horserace] race book or sports pool,
without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. It is unlawful for any person knowingly to permit any gambling game, slot machine or gaming device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, by a person who is not licensed under this chapter, or his employee.
Sec. 16. NRS 463.245 is hereby amended to read as follows:
463.245 1. All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or [horse] race book, which authorize gaming at the same establishment must be merged into a single gaming license. A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.
2. A person who has been issued a nonrestricted gaming license may establish a sports pool or [horse] race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.
Sec. 17. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of [$1,000.]
κ1985 Statutes of Nevada, Page 2139 (CHAPTER 654, SB 239)κ
$5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
8. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all gaming activity of the licensee until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
Sec. 18. NRS 463.307 is hereby amended to read as follows:
463.307 All gaming must be conducted with chips , [or tokens] tokens or other instrumentalities approved by the board or with the legal tender of the United States.
Sec. 19. NRS 463.318 is hereby amended to read as follows:
463.318 1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the commission may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of the commissions actions, decisions and orders [, and precludes the use of any of the extraordinary] in disciplinary hearings held pursuant to NRS 463.310 to 463.3145, inclusive. Judicial review is not available for actions, decisions and orders of the commission relating to the denial of a license or to limited or conditional licenses. Extraordinary common law writs or [other] equitable proceedings [.] are available except where statutory judicial review is made exclusive or is precluded, or the use of those writs or proceedings is precluded by specific statute.
Sec. 20. NRS 463.350 is hereby amended to read as follows:
463.350 1. A person under the age of 21 years shall not:
(a) Play, or be allowed to play, any licensed game or slot machine.
(b) Place wagers with or collect winning wagers from any licensed [horse] race book, sports pool or pari-mutuel operator.
(c) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, [horse] race book, sports pool or pari-mutuel wagering is operated or conducted.
κ1985 Statutes of Nevada, Page 2140 (CHAPTER 654, SB 239)κ
wherein any licensed game, [horse] race book, sports pool or pari-mutuel wagering is operated or conducted.
(d) Be employed as a gaming employee except in a counting room.
2. Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person, under 21 years of age, who violates any of the provisions of this section is guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he believed the person to be 21 years old or over.
Sec. 21. NRS 463.365 is hereby amended to read as follows:
463.365 1. The decision of the board is subject to judicial review [pursuant to] in the manner provided in NRS 463.315 to 463.318, inclusive, except that the board may not entertain a petition for rehearing. The judicial review by the district and supreme courts afforded by this section is the exclusive method of review of the boards decision and precludes the use of any of the extraordinary common law writs or other equitable proceedings.
2. The party requesting judicial review shall bear all of the costs of transcribing the proceedings before the board and of transmitting the record on review.
Sec. 22. (Deleted by amendment.)
Sec. 23. NRS 463.403 is hereby amended to read as follows:
463.403 1. Every person required to pay the tax imposed by NRS 463.401 shall file with the commission, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month.
2. Each report must be accompanied by the amount of tax which is due for the month covered by the report.
3. If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto under this chapter, with interest thereon.
Interest is computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.
[4. Any person who fails to pay the tax provided for in NRS 463.401 on or before the 24th day of each month shall pay in addition to the tax a penalty of $50 or 25 percent of the amount due, whichever is greater, but in no case can the penalty exceed $1,000. The commission shall collect the penalty in the same manner as other charges and penalties are collected under this chapter.]
Sec. 24. NRS 463.430 is hereby amended to read as follows:
463.430 1. It is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning [horse] racing, when the information is to be used for the purpose of maintaining and operating any gambling game and particularly any [horse] race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.
κ1985 Statutes of Nevada, Page 2141 (CHAPTER 654, SB 239)κ
supply or disseminate in this state by any means information received from any source outside of this state concerning [horse] racing, when the information is to be used for the purpose of maintaining and operating any gambling game and particularly any [horse] race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.
2. The provisions of this section do not apply to any [public utility operating in the State of Nevada.] televised broadcast which is presented without charge to any person who receives the broadcast.
3. For the purposes of this section, any broadcasting or display of information concerning [horse] racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a [horse] race book.
Sec. 25. NRS 463.440 is hereby amended to read as follows:
463.440 1. In addition to the state policy concerning gaming as set forth in NRS 463.0129, the legislature hereby finds, and declares to be the public policy of this state concerning activities and information related to wagering on [horse races] races held at a track which uses the pari-mutuel system of wagering that:
(a) All persons licensed to operate and maintain a sports pool or [horse] race book are entitled to receive on a fair and equitable basis all information concerning [horse] such racing that is being disseminated into and within this state.
(b) In order to protect the health, safety, morals, good order and general welfare of the public, all persons, associations, locations, practices and activities related to the dissemination and use of information concerning [horse] such racing should be controlled, supervised and properly licensed.
2. In accordance with reasonable regulations which may be adopted, amended or repealed by the commission, the commission has the power and jurisdiction:
(a) To regulate and control the business of supplying and disseminating information by such means concerning [horse racing.] racing held at a track which uses the pari-mutuel system of wagering.
(b) To issue, condition, limit and restrict licenses to such disseminators.
(c) To suspend, revoke, condition or limit such licenses or impose fines in accordance with NRS 463.310.
(d) To prescribe the manner, terms and conditions for receiving, supplying or disseminating in this state information concerning [horse] such racing.
3. The commission is empowered to adopt, amend and repeal such regulations as may be necessary for the orderly administration of NRS 463.430 to 463.480, inclusive, and for the protection of the public and in the public interest.
Sec. 26. NRS 463.445 is hereby amended to read as follows:
463.445 1. The commission [may] shall fix, regulate and control the rates to be charged by any disseminator of information concerning [horse racing.]
κ1985 Statutes of Nevada, Page 2142 (CHAPTER 654, SB 239)κ
the rates to be charged by any disseminator of information concerning [horse racing.] racing held at a track which uses the pari-mutuel system of wagering, but the rates must be just and reasonable.
2. The commission may require any licensee who subscribes to a disseminators service to report financial information relating to wagering and amounts won on each track or event, and may publish this information to ensure that the rates are just and reasonable.
[3. It is unlawful for any disseminator of information concerning horse racing to increase directly or indirectly the rate charged by him to any user of the information without first applying to the commission for permission to increase the rate.
4. In no event may the commission allow any increase in the rate for the purpose of including in the rate charged to the user the license fee required to be paid by the disseminator.
5. Upon receipt of an application to increase the rate to be charged, the commission shall give notice thereof to the user or users concerned and to all persons interested and shall consider the application at a public hearing.
6. If a rate charged by the disseminator is found by the commission to be unjust or unreasonable, the commission may reduce it to a reasonable and just rate. Any user of information supplied by a disseminator may apply to the commission for a reduction in the rate charged to him, and the commission likewise may consider the application at a public hearing after notice thereof to the disseminator and to all persons interested.]
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 463.460 is hereby amended to read as follows:
463.460 Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, [is required to] shall furnish such information to any licensed [horse] race book or [sports-pool operator applying to such] sports pool which applies to the disseminator therefor, and the [same shall] information must be furnished by [such] the disseminator as adequately and efficiently as [the same] it is furnished to any [and all] other users of [such] the information furnished by [such] the disseminator.
Sec. 29. NRS 463.643 is hereby amended to read as follows:
463.643 1. Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.
2. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report such acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1) , 13(g) or [section] 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C.
κ1985 Statutes of Nevada, Page 2143 (CHAPTER 654, SB 239)κ
of 1934, as amended (15 U.S.C. §§ 78m(d)(1) , 78m(g) and 78p(a) , respectively), shall file a copy of that report, and any amendments thereto, with the commission within 10 days after filing that report with the Securities and Exchange Commission.
3. Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report the acquisition pursuant to section 13(d)(1) , 13(g) or [section] 16(a) of the [federal] Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) , 78m(g) and 78p(a) , respectively), must be found suitable by the commission.
4. Any person required by the commission or by this section to be found suitable shall:
(a) Apply for a finding of suitability within 30 days after the commission requests that he do so; and
(b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.
5. Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.
6. The violation of subsection 4 or 5 is a gross misdemeanor.
Sec. 30. NRS 463.655 is hereby amended to read as follows:
463.655 If the commission determines that a manufacturer or distributor is unsuitable to receive or hold a license:
1. No new gaming device or associated equipment manufactured by the manufacturer or distributed by the distributor may be approved;
2. Any previously approved device or associated equipment manufactured by the manufacturer or distributed by the distributor is subject to revocation of approval if the reasons for the denial of the license also apply to that device [;] or associated equipment;
3. No new device or associated equipment manufactured by the manufacturer or distributed by the distributor may be sold, transferred or offered for use or play in Nevada; and
4. Any association or agreement between the manufacturer or distributor and a licensee must be terminated, unless otherwise provided by the commission. An agreement between such a manufacturer or distributor of gaming devices or associated equipment and a licensee shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the manufacturer is unsuitable to be associated with a gaming enterprise. Failure to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
κ1985 Statutes of Nevada, Page 2144 (CHAPTER 654, SB 239)κ
5. Failure of a licensee to terminate any association or agreement with a manufacturer or distributor of gaming devices or associated equipment after receiving notice of a determination of unsuitability, the denial of a license or failure to file a timely application for a license is an unsuitable method of operation.
Sec. 31. NRS 463.665 is hereby amended to read as follows:
463.665 1. A manufacturer or distributor of components for gaming devices or associated equipment which [do] does not affect the result of a wager by determining wins or losses, who sells, transfers or offers the components for use or play in Nevada may be required by the commission, upon recommendation of the board, to file an application for a finding of suitability to be associated with a licensed manufacturer.
2. Any person who directly or indirectly involves himself in the sale, transfer or offering for use or play in Nevada of such components or of gaming devices or associated equipment who is not otherwise required to be licensed as a manufacturer or distributor may be required by the commission, upon recommendation of the board, to file an application for a finding of suitability to be associated with a licensed manufacturer or distributor.
3. If an application for a finding of suitability is not submitted to the board within 30 days after demand by the commission, it may pursue any remedy or combination of remedies provided in this chapter.
Sec. 32. NRS 463.670 is hereby amended to read as follows:
463.670 1. The legislature finds and declares as facts:
(a) That the inspection of gaming devices and associated equipment is essential to carry out the provisions of this chapter; and
(b) That inspection of gaming devices and associated equipment is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
2. The board may inspect every gaming device which is manufactured, sold or distributed:
(a) For use in this state, before the gaming device is put into play.
(b) In this state for use outside this state, before the gaming device is shipped out of this state.
3. The board may inspect every gaming device which is offered for play within this state by a licensee.
4. The board may inspect all associated equipment which is manufactured, sold or distributed for use in this state before the equipment is installed or used by a gaming licensee.
5. In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.
Sec. 33. Section 2 of chapter 60, Statutes of Nevada 1983, as amended by chapter 492, Statutes of Nevada 1983, at page 1334, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 2145 (CHAPTER 654, SB 239)κ
Sec. 2. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040, and section 3 of this act, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
8. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. [Except for a license for which fees are based on the gross revenue of the licensee, failure] Failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
κ1985 Statutes of Nevada, Page 2146 (CHAPTER 654, SB 239)κ
Sec. 34. Section 5 of this act does not apply to a tournament or contest that:
1. Was organized and a fee collected from participants before July 1, 1985; and
2. Is conducted before December 31, 1985.
________
Senate Bill No. 380Senators Foley and Rawson
CHAPTER 655
AN ACT relating to gaming; revising the provisions on the computation of gross revenue; and providing other matters properly relating thereto.
[Approved June 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0161 is hereby amended to read as follows:
463.0161 Gross revenue means the total of all:
1. Cash received as winnings;
2. Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
3. Compensation received for conducting any game in which the licensee is not party to a wager,
less the total of all cash paid out as losses to patrons , [and] those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions [.] and any other items made deductible as losses by NRS 463.3715.
Sec. 2. NRS 463.3715 is hereby amended to read as follows:
463.3715 1. In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets which are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund winnings paid to that patron over several years by an independent financial institution, must not be deducted as losses from winnings [.] at any game except a slot machine.
2. In calculating gross revenue from slot machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services.
Sec. 3. NRS 463.0161 is hereby amended to read as follows:
463.0161 Gross revenue means the total of all:
1. Cash received as winnings;
2. Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
κ1985 Statutes of Nevada, Page 2147 (CHAPTER 655, SB 380)κ
3. Compensation received for conducting any game in which the licensee is not party to a wager,
less the total of all cash paid out as losses to patrons, those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions . [and any other items made deductible as losses by NRS 463.3715.]
Sec. 4. NRS 463.3715 is hereby amended to read as follows:
463.3715 [1.] In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets which are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund winnings paid to that patron over several years by an independent financial institution, must not be deducted as losses from winnings . [at any game except a slot machine.
2. In calculating gross revenue from slot machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, but not traveling expenses, food, refreshments, lodging or services.]
Sec. 5. 1. Sections 1 and 2 of this act become effective at 12:01 a.m. on July 1, 1985.
2. Sections 3 and 4 of this act become effective on July 1, 1987.
________
Senate Bill No. 26Committee on Commerce and Labor
CHAPTER 656
AN ACT relating to depository financial institutions; providing for interstate banking among western states; specifying the states in which such banking is allowed; limiting the applicability of certain provisions to states which pass corresponding compatible legislation; subsequently removing the restrictions on foreign banks doing business in this state; and providing other matters properly relating thereto.
[Approved June 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:
Depository institution means any bank, savings and loan association, savings bank, thrift company, credit union or other institution which:
1. Holds or receives deposits, savings or share accounts;
2. Issues certificates of deposit; or
3. Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party.
κ1985 Statutes of Nevada, Page 2148 (CHAPTER 656, SB 26)κ
Sec. 2. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in NRS 657.011 to 657.085, inclusive, [and] section 1 of [this act] Senate Bill No. 127 of this session and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. Chapter 665 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 5.5 of this act.
Sec. 4. If the administrator finds that it is in the public interest and necessary to protect the depositors and other customers of a depository institution he may:
1. Examine the books and records of the holding company which controls that depository institution and require the holding company to furnish such reports as he considers appropriate for the proper supervision of the companys subsidiaries which are depository institutions; and
2. After notice and opportunity for hearing, require the holding company to take any action he finds reasonable and necessary to protect the interest of depositors, other customers and creditors of any subsidiary depository institution, to maintain its solvency or to prevent its failure.
Sec. 5. 1. The administrator shall receive and place on file in his office all reports required by law and shall certify all reports required to be published. The reports filed with or prepared by the division of financial institutions and other information obtained from a depository institution are not public records and may not be disclosed except as provided in this section and section 5.5 of this act.
2. The following records and information are open to the public:
(a) Information contained in an application filed pursuant to sections 7 to 24, inclusive, of this act, unless the applicant requests confidentiality and the administrator grants the request; and
(b) Any other information which by specific statute is made generally available to the public.
Sec. 5.5. 1. The records and information described in subsection 1 of section 5 of this act may be disclosed to:
(a) An agency of the Federal Government or of another state which regulates the financial institution which is the subject of the records or information;
(b) The director of the department of commerce for his confidential use;
(c) The state board of finance for its confidential use, if the report or other information is necessary for the state board of finance to perform its duties under this Title;
(d) An entity which insures or guarantees deposits;
(e) A public officer authorized to investigate criminal charges in connection with the affairs of the depository institution;
(f) A person preparing a proposal for merging with or acquiring an institution or holding company pursuant to sections 7 to 24, inclusive, of this act, but only after notice of the disclosure has been given to the institution or holding company;
κ1985 Statutes of Nevada, Page 2149 (CHAPTER 656, SB 26)κ
of this act, but only after notice of the disclosure has been given to the institution or holding company;
(g) Any person to whom the subject of the report has authorized the disclosure;
(h) Any other person if the administrator determines, after notice and opportunity for hearing, that disclosure is in the public interest and outweighs any potential harm to the depository institution and its shareholders, members, depositors and creditors; and
(i) Any court in a proceeding initiated by the administrator concerning the financial institution.
2. All the reports made available pursuant to this section remain the property of the division of financial institutions, and no person, agency or authority to whom the reports are made available, or any officer, director or employee thereof, may disclose any of the reports or any information contained therein, except in published statistical material that does not disclose the affairs of any natural person or corporation.
Sec. 6. Chapter 666 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 24, inclusive, of this act.
Sec. 7. As used in sections 7 to 24, inclusive, of this act, the words and terms defined in sections 8 to 13, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 8. Acquire means:
1. Acquire control;
2. Acquire all or substantially all assets; or
3. Assume all liabilities for deposits.
Sec. 9. Control means the power, directly or indirectly, to:
1. Direct or exercise a controlling influence over the management or policies of a depository institution or the election of a majority of the directors or trustees of an institution; or
2. Vote:
(a) Twenty percent or more of any class of voting securities of a depository institution if exercised by a natural person; or
(b) More than 5 percent of any class of voting securities of a depository institution if exercised by a person other than a natural person.
Sec. 10. Foreign depository institution means a depository institution whose home office is located in and whose operations are principally conducted in a reciprocal state.
Sec. 11. Holding company for a foreign depository institution means a holding company whose subsidiary depository institutions principally conduct their operations in a reciprocal state.
Sec. 12. Operations are principally conducted where the largest percentage of aggregate deposits of a depository institution or all subsidiaries of a holding company which are depository institutions are held.
Sec. 13. Reciprocal state means any one of the states of Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, New Mexico, Oregon, Utah, Washington or Wyoming.
κ1985 Statutes of Nevada, Page 2150 (CHAPTER 656, SB 26)κ
Sec. 14. 1. Except as provided in NRS 666.128, 666.132 and 678.342 and sections 20 to 24, inclusive, of this act, any acquisition of or merger with a depository institution or a holding company whose operations are principally conducted in this state by a foreign depository institution or a holding company for a foreign depository institution is permissible only if the reciprocal state in which the foreign depository institution or holding company principally conducts its operations has enacted legislation which allows a depository institution or holding company in Nevada to acquire or merge with a depository institution or holding company in that state under terms and conditions which are substantially comparable to or less restrictive than those which apply in Nevada to such acquisitions and mergers.
2. The administrator may not approve the acquisition of or merger with a depository institution or a holding company whose operations are principally conducted in this state by a foreign depository institution or a holding company for a foreign depository institution unless if he finds, after notice and opportunity for hearing, that the laws of the reciprocal state in which the foreign depository institution or holding company conducts its business meet the requirements of subsection 1.
3. The administrator may not approve such an acquisition or merger unless there is filed with him documentary evidence, of whose correctness he is satisfied, that the holders of a majority of the shares of the domestic institution have approved the transaction.
Sec. 15. 1. Unless the administrator gives prior written approval, no person may:
(a) Acquire, directly or indirectly, a depository institution or holding company whose operations are principally conducted in this state;
(b) Vote the stock of a depository institution or holding company acquired in violation of paragraph (a);
(c) Acquire, directly or indirectly, the voting or nonvoting securities of a depository institution or a holding company whose operations are principally conducted in this state if the acquisition would result in that persons obtaining more than 20 percent of the authorized voting securities of the institution or company if the nonvoting securities were converted into voting securities; or
(d) Merge or consolidate with a depository institution or a holding company whose operations are principally conducted in this state.
2. With the written approval of the administrator, a foreign depository institution or a holding company for a foreign depository institution may establish a branch office in a county whose population is less than 100,000 without acquiring or merging with a depository institution or a holding company whose operations are principally conducted in this state.
3. Any person who willfully violates any provision of this section or any regulation adopted by the administrator pursuant to this section is guilty of a misdemeanor. Each day during which the violation continues constitutes a separate offense.