LAWS OF THE STATE OF NEVADA
κ1987 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-FOURTH SESSION OF THE LEGISLATURE
1987
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Senate Bill No. 1Senators Raggio and Gibson
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 22, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant of NRS 218.085 the sum of $2,500,000.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 3Assemblymen McGaughey, Thompson, Schofield, Craddock, Arberry, Wendell Williams, Banner, Gaston, Myrna Williams, Wisdom, Jeffrey, Sedway, Tebbs, Callister, Brookman, Spinello, Fay, Triggs, May, Kissam, Porter, DuBois, Garner and Price
CHAPTER 2
AN ACT relating to control of floods; advancing the effective date of the tax levied for the support of the Clark County Regional Flood Control District; and providing other matters properly relating thereto.
[Approved February 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 30 of chapter 425, Statutes of Nevada 1985, at page 1203, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 2 (CHAPTER 2, AB 3)κ
Sec. 30. 1. In Clark County the board of county commissioners and the governing body of each city shall appoint its representatives to the committee for nomination of a chief engineer and general manager of the Clark County Regional Flood Control District within 60 days after the effective date of this act.
2. The board of directors shall estimate the amount of money needed to support the district during the fiscal years beginning on and after July 1, 1987, by August 1, 1986. The board of county commissioners shall hold its hearings, decide upon the source of revenue for that support, and submit the chosen method of financing for the required approval at the primary election in 1986.
3. [Not] Notwithstanding the provisions of section 24.3 of this act and subsection 2 of NRS 377.030, the tax or charge first imposed as the result of this selection must be made effective on [July] March 1, 1987. For the fiscal year 1985-1986 there is hereby levied a tax ad valorem of 2 cents on each $100 of assessed valuation on all taxable property in the county for the support of the district.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 43Committee of Government Affairs
CHAPTER 3
AN ACT increasing the authority of the Colorado River commission to issue bonds for certain projects relating to Hoover Dam; and providing other matters properly relating thereto.
[Approved February 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 612, Statutes of Nevada 1983, at page 1968, is hereby amended to read as follows:
Sec. 5. The commission, on behalf of the state, may:
1. Participate in the funding of the project by contributing to the Federal Government a share of the cost of acquiring the facilities;
2. Contract with the Federal Government for Nevadas participation share of the funding of the project and for other matters related thereto; and
3. Borrow money and otherwise become obligated in a total principal amount not to exceed [$45,000,000] $100,000,000 to defray wholly or in part Nevadas share of the funding of the project and issue state securities to evidence these obligations.
Sec. 2. This act becomes effective upon passage and approval.
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κ1987 Statutes of Nevada, Page 3κ
Assembly Bill No. 37Committee on Judiciary
CHAPTER 4
AN ACT relating to limited partnerships; making various changes concerning limited partners; and providing other matters properly relating thereto.
[Approved February 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 88.350 is hereby amended to read as follows:
88.350 1. In order to form a limited partnership two or more persons must execute a certificate of limited partnership. The certificate must be filed in the office of the secretary of state and set forth:
(a) The name of the limited partnership;
(b) The general character of its business;
(c) The address of the office and the name and address of the agent for service of process required to be maintained by NRS 88.330;
(d) The name and the business address of each general partner ; [, specifying separately the general partners and limited partners;]
(e) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute in the future;
(f) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;
(g) Any power of a limited partner to grant the right to become a limited partner to an assignee of any part of his partnership interest, and the terms and conditions of the power;
(h) If agreed upon, the time at which or the events on the happening of which a partner may terminate his membership in the limited partnership and the amount of, or the method of determining, the distribution to which he may be entitled respecting his partnership interest, and the terms and conditions of the termination and distribution;
(i) Any right of a partner to receive distributions of property, including cash from the limited partnership;
(j) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partners contribution;
(k) Any time at which or events upon the happening of which the limited partnership is to be dissolved and its affairs wound up;
(l) Any right of the remaining general partners to continue the business on the happening of an event of withdrawal of a general partner; and
(m) Any other matters the partners determine to include therein.
2. A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
κ1987 Statutes of Nevada, Page 4 (CHAPTER 4, AB 37)κ
case, there has been substantial compliance with the requirements of this section.
Sec. 2. NRS 88.355 is hereby amended to read as follows:
88.355. 1. A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the secretary of state. The certificate must set forth:
(a) The name of the limited partnership;
(b) The date of filing of the certificate; and
(c) The amendment to the certificate.
2. Within 30 days after the happening of any of the following events an amendment to a certificate of limited partnership reflecting the occurrence of the event or events must be filed:
(a) A change in the amount or character of the contribution of any partner, or in any partners obligation to make a contribution;
(b) The admission of a new general partner;
(c) The withdrawal of a general partner; or
(d) The continuation of the business under NRS 88.550 after an event of withdrawal of a general partner.
3. A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate . [, but an amendment to show a change of address of a limited partner need be filed only once every 12 months.]
4. A certificate of limited partnership may be amended at any time for any other proper purpose the general partners may determine.
5. No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection 2 if the amendment is filed within the 30-day period specified in subsection 2.
Sec. 3. NRS 88.375 is hereby amended to read as follows:
88.375 1. Each certificate required by NRS 88.350 to 88.390, inclusive, to be filed in the office of the secretary of state must be executed in the following manner:
(a) An original certificate of limited partnership must be signed by all general partners named therein;
(b) A certificate of amendment must be signed by at least one general partner and by each other partner designated in the certificate as a new partner or whose contribution is described as having been increased; and
(c) A certificate of cancellation must be signed by all general partners.
2. Any person may sign a certificate by an attorney in fact, but a power of attorney to sign a certificate relating to the admission, or increased contribution, of a partner must specifically describe the admission or increase.
3. The execution of a certificate by a general partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true.
κ1987 Statutes of Nevada, Page 5 (CHAPTER 4, AB 37)κ
Sec. 4. NRS 88.420 is hereby amended to read as follows:
88.420 [1.] After the filing of a limited partnerships original certificate of limited partnership, a person may be admitted as an additional limited partner:
[(a)] 1. In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners; and
[(b)] 2. In the case of an assignee of a partnership interest of a partner who has the power, as provided in NRS 88.450, to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power.
[2. In each case under subsection 1, the person acquiring the partnership interest becomes a limited partner only upon amendment of the certificate of limited partnership reflecting that fact.]
Sec. 5. This act becomes effective upon passage and approval.
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Senate Bill No. 78Committee on Finance
CHAPTER 5
AN ACT making supplemental appropriations to the Mental Hygiene and Mental Retardation Division; extending the time within which a certain allocation made by the Interim Finance Committee may be committed for expenditure; and providing other matters properly relating thereto.
[Approved February 19, 1987]
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 Northern Nevada Mental Retardation Services of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources the sum of $35,636 for case management services. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 2. There is hereby appropriated from the state general fund to the Southern Nevada Mental Retardation Services of the Mental Hygiene and Mental Retardation Division of the Department of Human Recourses the sum of $65,176 for case management services. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 3. There is hereby appropriated from the state general fund to the Community Training Center of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources the sum of $114,917 for community training services.
κ1987 Statutes of Nevada, Page 6 (CHAPTER 5, SB 78)κ
Division of the Department of Human Resources the sum of $114,917 for community training services. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 4. There is hereby appropriated from the state general fund to the Nevada Mental Health Institute of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources the sum of $151,947 for additional staff and equipment. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 5. There is hereby appropriated from the state general fund to the Southern Nevada Adult Mental Health Services of the Mental Hygiene and Mental Retardation Division of the Department of Human Resources the sum of $411,448 for replacement of revenue shortfalls, operating expenses and early hire of staff. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 6. The balance of the $346,602 allocated by the Interim Finance Committee from the contingency fund in the state treasury to the Mental Hygiene and Mental Retardation Division of the Department of Human Resources on December 19, 1985, may be committed for expenditure until June 30, 1987, at which time any remaining balance of the allocation reverts to the contingency fund as soon as all payments of money committed have been made.
Sec. 7. 1. This section and section 6 of this act are effective retroactively from January 30, 1987.
2. Sections 1 to 5, inclusive, of this act, are effective upon passage and approval.
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Assembly Bill No. 4Committee on Government Affairs
CHAPTER 6
AN ACT relating to the incorporation of cities; imposing a temporary moratorium in certain counties on incorporation under the provisions of chapter 266 of NRS; and providing other matters properly relating thereto.
[Approved February 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature declares that:
1. The combined effect of the laws governing incorporation of municipalities and the laws restricting the revenue received by local governments appears to be to allow large portions of assessed valuation to be withdrawn permanently from a county without a commensurate reduction in the level of basic services provided by that county.
κ1987 Statutes of Nevada, Page 7 (CHAPTER 6, AB 4)κ
2. In counties with larger populations, such a reduction in revenue without a corresponding reduction in expenses would result in serious financial difficulties which were not anticipated by the legislature at the time these laws were enacted.
3. It would be contrary to public interest to permit the imposition of additional levies of local government in counties with larger populations until these laws have been re-examined.
4. The incorporation of several cities in counties with smaller populations are currently pending and these proposed incorporations are not anticipated to have a detrimental effect on the financial stability of the counties.
5. Therefore, a temporary moratorium on incorporation of cities in counties with larger populations is necessary to protect the public interest.
Sec. 2. In a county whose population is 50,000 or more, no city may be incorporated, nor may any proceeding for incorporation be initiated, under the provisions of chapter 266 of NRS until July 1, 1987.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 63Senators Coffin, Vergiels, Horn, Beyer, Hickey, Jones, OConnell, ODonnell, Raggio, Rawson, Shaffer and Wagner
CHAPTER 7
AN ACT relating to Las Vegas High School; restricting the sale or lease of the real property which is currently the site of the school, its buildings and athletic fields; and providing other matters properly relating thereto.
[Approved February 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds that:
1. Las Vegas High School is one of the oldest surviving high schools in the Clark County school district.
2. The buildings are the most sophisticated, intact examples of the architectural style referred to as monumental art deco in Las Vegas.
3. In addition to being stylistically unique for the Las Vegas area, the academic building and gymnasium are the finest surviving examples of the monumental, reinforced concrete buildings to be constructed in the community and, in recognition of this fact, the Las Vegas High School has been listed by the National Register of Historic Places.
4. To protect such an artistic treasure requires special provisions for which a general law cannot be made applicable.
Sec. 2. 1. The provisions of NRS 393.220 notwithstanding, the board of trustees of the Clark County school district is prohibited from selling, renting or leasing the real property commonly referred to as the site of Las Vegas High School, its buildings and its athletic fields unless:
κ1987 Statutes of Nevada, Page 8 (CHAPTER 7, SB 63)κ
renting or leasing the real property commonly referred to as the site of Las Vegas High School, its buildings and its athletic fields unless:
(a) The buildings of historical significance are preserved and maintained for use and enjoyment by the public; and
(b) The athletic fields and other open spaces on the campus are preserved as outdoor recreational areas for use and enjoyment by the public.
2. The division of historical preservation and archeology of the department of natural resources and conservation shall determine which buildings have historical significance and should be preserved.
3. The board shall include in the terms of any contract for the sale, lease or rental of the property notice of the limitations on the use of the property which are set forth in subsection 1.
Sec. 3. This act becomes effective upon passage and approval.
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Assembly Bill No. 60Assemblyman Sader
CHAPTER 8
AN ACT relating to fraudulent conveyances; adopting the Uniform Fraudulent Transfer Act; repealing the Uniform Fraudulent Conveyance Act; and providing other matters properly relating thereto.
[Approved March 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 112 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Fraudulent Transfer Act.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Affiliate means:
(a) A person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
(1) As a fiduciary or agent without sole discretionary power to vote the securities; or
(2) Solely to secure a debt, if the person has not exercised the power to vote;
(b) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote, by the debtor or a person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
(1) As a fiduciary or agent without sole power to vote the securities; or
κ1987 Statutes of Nevada, Page 9 (CHAPTER 8, AB 60)κ
(2) Solely to secure a debt, if the person has not in fact exercised the power to vote;
(c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
(d) A person who operates the debtors business under a lease or other agreement or controls substantially all of the debtors assets.
2. Asset means property of a debtor, but the term does not include:
(a) Property to the extent it is encumbered by a valid lien;
(b) Property to the extent it is generally exempt under nonbankruptcy law; or
(c) An interest in property held in tenancy by the entireties or as community property to the extent it is not subject to process by a creditor holding a claim against only one tenant.
3. Claim means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.
4. Creditor means a person who has a claim.
5. Debt means liability on a claim.
6. Debtor means a person who is liable on a claim.
7. Insider includes:
(a) If the debtor is a natural person:
(1) A relative of the debtor or of a general partner of the debtor;
(2) A partnership in which the debtor is a general partner;
(3) A general partner in a partnership described in subparagraph (2); and
(4) A corporation of which the debtor is a director, officer or person in control;
(b) If the debtor is a corporation:
(1) A director of the debtor;
(2) An officer of the debtor;
(3) A person in control of the debtor;
(4) A partnership in which the debtor is a general partner;
(5) A general partner in a partnership described in subparagraph (4); and
(6) A relative of a general partner, director, officer or person in control of the debtor;
(c) If the debtor is a partnership:
(1) A general partner in the debtor;
(2) A relative of a general partner in, a general partner of, or a person in control of the debtor;
(3) Another partnership in which the debtor is a general partner;
(4) A general partner in a partnership described in subparagraph (3); and
(5) A person in control of the debtor;
(d) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
κ1987 Statutes of Nevada, Page 10 (CHAPTER 8, AB 60)κ
(e) A managing agent of the debtor.
8. Lien means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien and a statutory lien.
9. Person includes a government and a governmental subdivision or agency.
10. Property means anything that may be the subject of ownership.
11. Relative means a natural person related by consanguinity within the third degree as determined by the common law, a spouse, or a natural person related to a spouse within the third degree as so determined, and includes a natural person in an adoptive relationship within the third degree.
12. Transfer means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease and creation of a lien or other encumbrance.
13. Valid lien means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.
Sec. 4. 1. A debtor is insolvent if the sum of the debtors debts is greater than all of the debtors assets at a fair valuation.
2. A debtor who is generally not paying his debts as they become due is presumed to be insolvent.
3. A partnership is insolvent under subsection 1 if the sum of the partnerships debts is greater than the aggregate, at a fair valuation, of all of the partnerships assets and the sum of the excess of the value of each general partners nonpartnership assets over the partners nonpartnership debts.
4. Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
5. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Sec. 5. 1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisors business to furnish support to the debtor or another person.
2. For the purposes of paragraph (b) of subsection 1 of section 6 of this act and section 7 of this act, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
κ1987 Statutes of Nevada, Page 11 (CHAPTER 8, AB 60)κ
3. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Sec. 6. 1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditors claim arouse before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(a) With actual intent to hinder, delay or defraud any creditor of the debtor; or
(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(1) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(2) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.
2. In determining actual intent under paragraph (a) of subsection 1, consideration may be given, among other factors, to whether:
(a) The transfer or obligation was to an insider;
(b) The debtor retained possession or control of the property transferred after the transfer;
(c) The transfer or obligation was disclosed or concealed;
(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(e) The transfer was of substantially all the debtors assets;
(f) The debtor absconded;
(g) The debtor removed or concealed assets;
(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
Sec. 7. 1. A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
2. A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
κ1987 Statutes of Nevada, Page 12 (CHAPTER 8, AB 60)κ
Sec. 8. For the purposes of this chapter:
1. A transfer is made:
(a) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(b) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.
2. If applicable law permits the transfer to be perfected as provided in subsection 1 and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.
3. If applicable law does not permit the transfer to be perfected as provided in subsection 1, the transfer is made when it becomes effective between the debtor and the transferee.
4. A transfer is not made until the debtor has acquired rights in the asset transferred.
5. An obligation is incurred:
(a) If oral, when it becomes effective between the parties; or
(b) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
Sec. 9. 1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 10 of this act, may obtain:
(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditors claim;
(b) An attachment or garnishment against the asset transferred or other property of the transferee pursuant to NRS 31.010 to 31.460, inclusive; and
(c) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(3) Any other relief the circumstances may require.
2. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
Sec. 10. 1. A transfer or obligation is not voidable under paragraph (a) of subsection 1 of section 6 of this act against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.
κ1987 Statutes of Nevada, Page 13 (CHAPTER 8, AB 60)κ
2. Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under paragraph (a) of subsection 1 of section 9 of this act, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of this section, or the amount necessary to satisfy the creditors claim, whichever is less. The judgment may be entered against:
(a) The first transferee of the asset or the person for whose benefit the transfer was made; or
(b) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.
3. If the judgment under subsection 2 is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
4. Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:
(a) A lien on or a right to retain any interest in the asset transferred;
(b) Enforcement of any obligation incurred; or
(c) A reduction in the amount of the liability on the judgment.
5. A transfer is not voidable under paragraph (b) of subsection 1 of section 6 of this act or section 7 of this act if the transfer results from:
(a) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law; or
(b) Enforcement of a security interest in compliance with NRS 104.901 to 104.9507, inclusive.
6. A transfer is not voidable under subsection 2 of section 7 of this act:
(a) To the extent the insider gave new value to or for the benefit of the debtor after the transfer was made unless the new value was secured by a valid lien;
(b) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(c) If made pursuant to a good faith effort to rehabilitate the debtor and the transfer secured present value given for that purpose as well as an antecedent debt of the debtor.
Sec. 11. A claim for relief with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:
1. Under paragraph (a) of subsection 1 of section 6 of this act, within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant;
2. Under paragraph (b) of subsection 1 of section 6 of this act or subsection 1 of section 7 of this act, within 4 years after the transfer was made or the obligation was incurred; or
3. Under subsection 2 of section 7 of this act, within 1 year after the transfer was made or the obligation was incurred.
κ1987 Statutes of Nevada, Page 14 (CHAPTER 8, AB 60)κ
Sec. 12. Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
Sec. 13. This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Sec. 14. NRS 11.190 is hereby amended to read as follows:
11.190 Actions other than those for the recovery of real property, unless further limited by specific statute, can only be commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting [such] the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, [having] which has a recorded mark or brand upon it at the time of its loss [a recorded mark or brand, and when the animal] , and which strays or is stolen from the true owner without his fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
(d) [An] Except as otherwise provided in section 11 of this act, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
κ1987 Statutes of Nevada, Page 15 (CHAPTER 8, AB 60)κ
4. Within 2 years.
(a) An action against a sheriff, coroner or constable upon [the] liability incurred by acting in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the state, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover [any] goods, wares, merchandise or other property seized by the officer in his official capacity, as tax collector, or to recover the price or value of [any] goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention [,] or sale of, or injury to , [any] goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making [such] the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 15. NRS 111.225, 112.010, 112.020, 112.030, 112.040, 112.050, 112.060, 112.070, 112.080, 112.090, 112.100, 112.110, 112.120 and 112.130 are hereby repealed.
________
Assembly Bill No. 21Assemblymen Bergevin and Sader
CHAPTER 9
AN ACT making an appropriation to the legislative counsel bureau for the reproduction of older Nevada Reports; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative counsel bureau the sum of $66,000 for the cost of reproducing volumes of Nevada Reports which are out of print or of limited supply, pursuant to NRS 345.025.
κ1987 Statutes of Nevada, Page 16 (CHAPTER 9, AB 21)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, 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. 56Committee on Natural Resources, Agriculture and Mining
CHAPTER 10
AN ACT relating to the division of state parks of the department of conservation and natural resources; repealing the provisions of NRS requiring the division to administer a program to foster the development of bicycle pathways; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.211, 407.212, 407.213, 407.214, 407.215, 407.216 and 407.217 are hereby repealed.
________
Assembly Bill No. 20Assemblymen Bergevin and Sader
CHAPTER 11
AN ACT making an appropriation to the account for the governors portrait; and providing other matters properly relating thereto.
[Approved March 5, 1987]
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 account for the governors portrait created pursuant to NRS 223.121 the sum of $5,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 17κ
Assembly Bill No. 19Assemblymen Bergevin and Sader
CHAPTER 12
AN ACT making an appropriation to the department of administration for the drafting of legislative measures for executive agencies and the judicial department for the 64th session of the Nevada legislature; and providing other matters properly relating thereto.
[Approved March 5, 1987]
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 budget division of the department of administration the sum of $87,500 for the preparation of drafts of legislative measures for executive agencies and the judicial department of the state, for the 64th session of the Nevada legislature.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1988, 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. 92Committee on Government Affairs
CHAPTER 13
AN ACT relating to data processing; requiring reversion of excess money in the informational facility fund to all agencies which paid fees into the fund; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 242.201 is hereby amended to read as follows:
242.201 1. There is hereby created the informational facility fund as an internal service fund in the sum of $200,000 for the use of the director to operate and maintain the computer facility.
2. Upon closing the books for each fiscal year, to the extent that the fund balance exceeds $200,000, the excess portion reverts proportionally to the [state general fund and the state highway fund in the same ratio to each other as that in which the appropriations were made.] agencies which paid fees to the fund pursuant to NRS 242.211.
________
κ1987 Statutes of Nevada, Page 18κ
Assembly Bill No. 67Committee on Government Affairs
CHAPTER 14
AN ACT relating to state government; clarifying the duties of the office of community services; eliminating duplicative duty of the governor; deleting obsolete references to the state planning coordinator; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 345.070 is hereby amended to read as follows:
345.070 1. The [state planning coordinator] office of community services shall compile and cause to be published the biennial report. The report [shall] must include:
(a) The governors state of the state message delivered at the most recent regular session of the state legislature;
(b) An organizational chart of state government;
(c) Separate sections relating respectively to each state department and to other selected agencies of the executive branch of state government; and
(d) Significant historical events relating to the State of Nevada occurring during the current biennium.
2. Each section of the biennial report required pursuant to paragraph (c) of subsection 1 [shall] must include:
(a) The purpose and organizational structure of the department or other agency;
(b) Its programs, activities and accomplishments during the current biennium;
(c) Significant legislative or executive action affecting the department or other agency;
(d) A budgetary summary;
(e) A bibliography of publications of major interest issued by the department or other agency during the current biennium;
(f) An index to that section of the biennial report; and
(g) A listing of major administrators within the department or other agency.
Sec. 2. NRS 345.080 is hereby amended to read as follows:
345.080 Each state agency which is required by law to prepare and submit an annual or biennial report to the governor or the legislature shall comply by preparing one copy of the report in a form prescribed by the [state planning coordinator, who] office of community service, which shall utilize it in preparing the biennial report.
Sec. 3. NRS 345.090 is hereby amended to read as follows:
345.090 The [state planning coordinator] office of community services shall compile and publish a statistical abstract each odd-numbered year. The statistical abstract [shall] must contain:
κ1987 Statutes of Nevada, Page 19 (CHAPTER 14, AB 67)κ
1. Significant statistical information for the current biennium with respect to state and local government to the extent [such] the information is not provided in the biennial report;
2. Data relating to this state furnished by the Federal Government; and
3. Information and data relating to business and the economy in this state.
Sec. 4. NRS 345.100 is hereby amended to read as follows:
345.100 The [state planning coordinator] office of community services shall determine the format, substance, time of preparation, distribution, cost and all other matters pertaining to the publication of the biennial report and the statistical abstract after consultation with the bureau of business and economic research of the University of Nevada, the [department of] commission on economic development and the state library and archives.
Sec. 5. NRS 345.110 is hereby amended to read as follows:
345.110 Except as otherwise provided in NRS 345.120, the [state planning coordinator] office of community services may charge for each copy of the biennial report or the statistical abstract an amount which does not exceed the approximate cost of its publication.
Sec. 6. NRS 232.156 is hereby amended to read as follows:
232.156 The committee shall from time to time, as it deems necessary, or as requested by the [state planning coordinator,] governor, report in writing to the governor [through the state planning coordinator] and to the legislature and shall make recommendations concerning state and federal lands.
Sec. 7. NRS 223.230 is hereby repealed.
________
Assembly Bill No. 61Assemblyman Sader
CHAPTER 15
AN ACT relating to trade secrets; adopting the Uniform Trade Secrets Act; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. This chapter may be cited as the Uniform Trade Secrets Act.
Sec. 3. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
κ1987 Statutes of Nevada, Page 20 (CHAPTER 15, AB 61)κ
Sec. 4. As used in this chapter, unless the context otherwise requires:
1. Improper means includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic or other means.
2. Misappropriation means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(1) Used improper means to acquire knowledge of the trade secret;
(2) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(I) Derived from or through a person who had used improper means to acquire it;
(II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(III) Derived from or through a person who owned a duty to the person seeking relief to maintain its secrecy or limit its use; or
(3) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
3. Person means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
4. Trade secret means information including a formula, pattern, compilation, program, device, method, technique or process, that:
(a) Derives independent economic value, present or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Sec. 5. 1. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
2. In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
3. In appropriate circumstances, the court may order affirmative acts to protect a trade secret.
Sec. 6. 1. Except to the extent that a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.
κ1987 Statutes of Nevada, Page 21 (CHAPTER 15, AB 61)κ
renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages include both loss caused by misappropriation and unjust enrichment caused by misappropriation that is not taken into account in computing the loss. In lieu of damages measured by any other methods, damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriators unauthorized disclosure or use of a trade secret.
2. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice the award made under subsection 1.
Sec. 7. If:
1. A claim of misappropriation is made in bad faith;
2. A motion to terminate an injunction is made or resisted in bad faith; or
3. Willful and malicious misappropriation exists,
the court may award reasonable attorneys fees to the prevailing party.
Sec. 8. In an action under this chapter, the court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding hearings in camera, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without previous court approval.
Sec. 9. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
Sec. 10. 1. Except as provided in subsection 2, this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
2. This chapter does not affect:
(a) Contractual remedies, whether or not based upon misappropriation of a trade secret;
(b) Other civil remedies that are not based upon misappropriation of a trade secret; or
(c) Criminal sanctions, whether or not based upon misappropriation of a trade secret.
Sec. 11. This chapter does not apply to a misappropriation that occurred before July 1, 1987, or to a misappropriation that began before and continues after July 1, 1987.
________
κ1987 Statutes of Nevada, Page 22κ
Assembly Bill No. 172Assemblyman Dini
CHAPTER 16
AN ACT relating to public utilities; extending the period during which utilities are required to furnish electricity at lower rates for irrigation pumps; and providing other matters properly relating thereto.
[Approved March 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.225 is hereby amended to read as follows:
704.225 The commission shall by regulation require each public utility which furnishes electricity to provide lower rates for electricity for irrigation pumps under a schedule which:
1. Will be applied:
(a) From [April] March 1 to October 31, inclusive; and
(b) If the customer concedes to the utility a right to interrupt services to the customers irrigation pumps under conditions established by the utility and approved by the commission.
2. Provides for a rate for interruptible service per kilowatt hour of electricity used. The rate must not exceed the lowest charge per kilowatt hour offered by the public utility under any of its rate schedules applicable to its residential, commercial or industrial customers in Nevada. No charges may be included for minimum billings or costs relating to stand-by, customers or demand.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 119Committee on Government Affairs
CHAPTER 17
AN ACT relating to elections; revising the provisions governing the close of registration in certain counties for a recall or special election held under certain circumstances; and providing other matters properly relating thereto.
[Approved March 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.560 is hereby amended to read as follows:
293.560 1. In any county which uses a computer to register voters and keep records of the registration of the countys voters, registration must close at 9 p.m. of the third Saturday preceding any primary, general, recall or special election. In every other county, registration must close at 9 p.m. of the fifth Saturday preceding any primary or general election and at 9 p.m. of the third Saturday preceding any recall or special election [.] , except that if a recall or special election is held on the same day as a primary or general election, or primary or general city election, registration must close at 9 p.m.
κ1987 Statutes of Nevada, Page 23 (CHAPTER 17, SB 119)κ
if a recall or special election is held on the same day as a primary or general election, or primary or general city election, registration must close at 9 p.m. of the fifth Saturday preceding the day of the elections.
2. The offices of the county clerk and ex officio registrars must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:
(a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.
(b) In all other counties, those offices must be open during the last 5 days before registration closes.
3. Except for a special election held pursuant to chapter 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest county in this state.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
Sec. 2. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as provided in subsection 2, the notice of election must contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) The maximum amount of the obligations.
(e) The maximum number of years which the obligations are to run.
(f) An estimate of the tax rate necessary to provide for debt service upon the obligations for each date when they are to be issued or incurred. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
2. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a general election. If the election is consolidated with the general election, a primary election or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
3. If the election is a special election, the [notice must contain the date on which registration closes.] clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.
κ1987 Statutes of Nevada, Page 24 (CHAPTER 17, SB 119)κ
successive calendar weeks next preceding the close of registration for the election.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 86Committee on Judiciary
CHAPTER 18
AN ACT relating to the department of parole and probation; making various changes regarding the fee to defray the costs of supervision; and providing other matters properly relating thereto.
[Approved March 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.10973 is hereby amended to read as follows:
213.10973 1. The department shall:
(a) Except as otherwise provided in this section, charge each parolee or probationer a fee to defray the cost of his supervision. [A fee must not be charged to a parolee or probationer who has been transferred to this state under the terms of the Interstate Compact for the Supervision of Parolees and Probationer.]
(b) Adopt by regulation a schedule of fees to defray the costs of supervision of a parolee or probationer. The regulation must provide for a monthly fee of at least $12.
2. The executive office may waive the fee to defray the cost of supervision, in whole or in part, if he determines that payment of the fee would create an economic hardship on the parolee or probationer.
3. [If a parolee or probationer fails to make his payments to defray the cost of his supervision or to make those payments on time, the failure is a violation of] Unless waived pursuant to subsection 2, the payment by a parolee or probationer of a fee charged pursuant to subsection 1 is a condition of his parole or probation.
________
κ1987 Statutes of Nevada, Page 25κ
Assembly Bill No. 122Committee on Ways and Means
CHAPTER 19
AN ACT making an appropriation to the state permanent school fund for land transferred to state agencies; and providing other matters properly relating thereto.
[Approved March 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the state permanent school fund the sum of $21,960 to compensate for state school grant lands which have been transferred to state agencies for their use, as follows:
1. To the Division of State Parks of the Department of Conservation and Natural Resources, 8,725.47 acres in the Valley of Fire State Park with an estimated value of $10,940.59 at the time of the transfer.
2. To the Division of State Parks of the Department of Conservation and Natural Resources, 200 acres in Kershaw Ryan State Park with an estimated value of $250 at the time of the transfer.
3. To the Division of State Parks of the Department of Conservation and Natural Resources, 1,578.66 acres in Cathedral Gorge State Park with an estimated value of $1,973.33 at the time of the transfer.
4. To the Division of State Parks of the Department of Conservation and Natural Resources, 718.62 acres in Beaver Dam State Park with an estimated value of $898.25 at the time of the transfer.
5. To the Division of State Parks of the Department of Conservation and Natural Resources, 1,519.13 acres in Rye Patch Reservoir State Park with an estimated value of $3,797.83 at the time of the transfer.
6. To the Department of Transportation for a gravel pit in Humboldt County, 40 acres with an estimated value of $100 at the time of the transfer.
7. To the Department of Conservation and Natural Resources and then to the Department of Human Resources for the Beatty Nuclear Dump Site, 80 acres with an estimated value of $4,000 at the time of the initial transfer.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 26κ
Senate Bill No. 114Senators Wagner and OConnell
CHAPTER 20
AN ACT relating to fees for marriage licenses; requiring each county treasurer to deposit monthly certain fees with the state treasurer for credit to the account for aid for victims of domestic violence in the state general fund; and providing other matters properly relating thereto.
[Approved March 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 and pay it over to the county recorder as his fee for recording the certificate described in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of $5 for the account for aid for victims of domestic violence in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the state treasurer for credit to that account.
________
κ1987 Statutes of Nevada, Page 27κ
Senate Bill No. 5Senators Raggio, Mello, Coffin, Gibson, Hickey, Horn, Jacobsen, Joerg, Jones, Malone, Rawson, Redelsperger and Wagner
CHAPTER 21
AN ACT relating to taxation; imposing a tax on the transfer of estates of decedents; making the tax applicable to all estates for which a credit on the federal estate tax may still be claimed; and providing other matters properly relating thereto.
[Approved March 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, a tax is hereby imposed on the transfer of the taxable estate of a decedent who is a resident of Nevada in the amount of the maximum credit allowable against the federal estate tax for the payment of state death taxes.
2. The tax imposed by subsection 1 is reduced by the amount of any death taxes collected on the estate by another state.
Sec. 3. 1. The tax imposed by section 2 of this act is due at the time the federal estate tax is due upon the same estate.
2. The executor or other person responsible for the payment of the federal estate tax shall remit the tax to the department.
3. Any tax remaining unpaid 30 days after it becomes delinquent constitutes a lien against the property whose transfer was subject to the tax.
Sec. 4. 1. The department shall deposit all payments received pursuant to section 2 of this act in the state treasury for credit to the estate tax account in the state general fund.
2. The interest earned on the money in the estate tax account must be credited to the account.
3. The money in the estate tax account may only be disbursed as authorized by the legislature.
Sec. 5. 1. The tax imposed by section 2 of this act applies to any estate of a decedent for which, upon payment of the state estate tax, a credit may be claimed pursuant to 26 U.S.C. § 2011, including estates for which the federal estate tax has already been paid.
2. Collection from the individual estates of the tax imposed because of the provisions of subsection 1 on estates for which the federal estate tax has already been paid on the effective date of this act is hereby suspended and the executor or other person responsible for the payment of the tax must not be required to amend a previously filed return or perform any other duties as a result of this act which would be chargeable against the estate.
3. The department of taxation shall act as agent for all estates liable for state estate taxes paid as federal estate taxes on or before the effective date of this act and shall make every effort to collect the taxes for which a credit is due from the Federal Government.
κ1987 Statutes of Nevada, Page 28 (CHAPTER 21, SB 5)κ
of this act and shall make every effort to collect the taxes for which a credit is due from the Federal Government.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 5Assemblymen Nicholas, Lambert and Thompson
CHAPTER 22
AN ACT relating to the Tahoe Regional Planning Compact; incorporating various changes proposed by legislation enacted by the State of California; and providing other matters properly relating thereto.
[Approved March 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 575, Statutes of Nevada 1979, as amended by chapter 1, Statutes of Nevada 1980, at page 1, is hereby amended to read as follows:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
κ1987 Statutes of Nevada, Page 29 (CHAPTER 22, AB 5)κ
educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its man-made environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B.
κ1987 Statutes of Nevada, Page 30 (CHAPTER 22, AB 5)κ
of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan means the long-term general plan for the development of the region.
(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical 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, [fantan,] fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Areas open to public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.
κ1987 Statutes of Nevada, Page 31 (CHAPTER 22, AB 5)κ
(m) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California. A member appointed by the Speaker of the Assembly or the Senate Rules Committee may, subject to confirmation by his or her appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change his or her alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body marking the appointment.
(B) [One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region.
κ1987 Statutes of Nevada, Page 32 (CHAPTER 22, AB 5)κ
not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.
(C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.] Two members appointed by the governor of Nevada, one member appointed by the speaker of the assembly and one member appointed by the majority leader of the Nevada senate. All members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of Nevada. A member appointed by the speaker of the Nevada assembly or the majority leader of the Nevada senate may, subject to confirmation by his or her appointing power, designate an alternate to attend meetings and vote in the absence of the appointed member. The designation of a named alternate, which shall be in writing and contain evidence of confirmation by the appointing power, shall be kept on file with the agency. An appointed member may change his or her alternate from time to time, with the confirmation of the appointing power, but shall have only one designated alternate at a time. An alternate shall be subject to those qualifications and requirements prescribed by this compact that are applicable to the appointed member.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;
κ1987 Statutes of Nevada, Page 33 (CHAPTER 22, AB 5)κ
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) [Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the] The members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.
κ1987 Statutes of Nevada, Page 34 (CHAPTER 22, AB 5)κ
date and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.
Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit.
κ1987 Statutes of Nevada, Page 35 (CHAPTER 22, AB 5)κ
governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
κ1987 Statutes of Nevada, Page 36 (CHAPTER 22, AB 5)κ
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission.
κ1987 Statutes of Nevada, Page 37 (CHAPTER 22, AB 5)κ
governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and includes all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to , an indication or allocation of maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region.
κ1987 Statutes of Nevada, Page 38 (CHAPTER 22, AB 5)κ
parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:
(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.
Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the states of Nevada and California;
(B) Utilization of a light rail mass transit system in the South Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
κ1987 Statutes of Nevada, Page 39 (CHAPTER 22, AB 5)κ
(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
κ1987 Statutes of Nevada, Page 40 (CHAPTER 22, AB 5)κ
(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.
κ1987 Statutes of Nevada, Page 41 (CHAPTER 22, AB 5)κ
be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.
The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue buildings permits which authorize the construction of a greater number of new residential units within the region then were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county.
κ1987 Statutes of Nevada, Page 42 (CHAPTER 22, AB 5)κ
issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 252
2. Placer County................................................................................. 278
3. Carson City..................................................................................... -0-
4. Douglas County............................................................................. 339
5. Washoe County............................................................................. 739
(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.
The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined) 64,324
2. Placer County................................................................................. 23,000
3. Carson City..................................................................................... -0-
4. Douglas County............................................................................. 57,354
5. Washoe County............................................................................. 50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;
(B) To accommodate development which is not prohibited or limited by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day.
κ1987 Statutes of Nevada, Page 43 (CHAPTER 22, AB 5)κ
Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
κ1987 Statutes of Nevada, Page 44 (CHAPTER 22, AB 5)κ
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.
The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
(e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
(f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by [Article VI] subdivision (d):
(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area open to public use;
(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.
The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact.
κ1987 Statutes of Nevada, Page 45 (CHAPTER 22, AB 5)κ
this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by [Article VI] subdivision (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.
(g) In order to administer and enforce the provisions of [paragraphs] subdivisions (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph [(f)(3)] (3) of subdivision (f) in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
κ1987 Statutes of Nevada, Page 46 (CHAPTER 22, AB 5)κ
(i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
(j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.
(B) In an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, aggrieved person means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, aggrieved person means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
κ1987 Statutes of Nevada, Page 47 (CHAPTER 22, AB 5)κ
actions shall be commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.
(7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.
(k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
κ1987 Statutes of Nevada, Page 48 (CHAPTER 22, AB 5)κ
subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
(o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
κ1987 Statutes of Nevada, Page 49 (CHAPTER 22, AB 5)κ
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated. In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:
κ1987 Statutes of Nevada, Page 50 (CHAPTER 22, AB 5)κ
either of the following written findings before approving a project for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
κ1987 Statutes of Nevada, Page 51 (CHAPTER 22, AB 5)κ
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.
(b) The business of the district shall be managed by a board of directors consisting of:
(1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;
(2) One member of the city council of the City of South Lake Tahoe;
(3) One member each of the board of county commissioners of Douglas County and of Washoe County;
(4) One member of the board of supervisors of Carson City;
(5) The director of the California Department of Transportation; and
(6) The director of the department of transportation of the State of Nevada.
Any director may designate an alternate.
(c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(d) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.
κ1987 Statutes of Nevada, Page 52 (CHAPTER 22, AB 5)κ
(e) The Tahoe transportation district may in accordance with the adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district or any privately owned transportation system or facility within the region.
(3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.
(4) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.
(5) Fix the rates and charges for transit services provided pursuant to this subdivision.
[(5)] (6) Issue revenue bonds and other evidence of indebtedness [.
(6)] and make other financial arrangements appropriate for developing and operating a public transportation system.
(7) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way [.] , except for a sales and use tax which, if approved by the voters, may be administered by the states of California and Nevada respectively in accordance with the laws that apply within their respective jurisdictions. The district is prohibited from imposing any other tax measured by gross or net receipts on business, an ad valorem tax, [a tax measured by gross or net receipts on business,] a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of [two-thirds] a majority of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.
[(7)] (8) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.
κ1987 Statutes of Nevada, Page 53 (CHAPTER 22, AB 5)κ
[(e)] (f) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.
Sec. 2. The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California, and two certified copies of this entire act to the secretary of state of California for delivery to the respective houses of its legislature. The director of the legislative counsel bureau shall transmit copies of section 1 of this act to the Vice President of the United States as presiding officer of the Senate, to the Speaker of the House of Representatives, and to all members of Nevadas congressional delegation. The governor of this state, as soon as the Congress of the United States has approved the amendments, shall proclaim that the compact has been amended as provided in this act.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 54κ
Assembly Bill No. 87Assemblymen Adler, Thomas and Thompson
CHAPTER 23
AN ACT relating to Carson City; separating the office of clerk from that of treasurer and combining it with that of recorder; and providing other matters properly relating thereto.
[Approved March 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties [shall] must be paid into the county treasury each month without deduction of any nature.
κ1987 Statutes of Nevada, Page 55 (CHAPTER 23, AB 87)κ
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ANNUAL SALARIES |
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Class |
County |
County Commis- sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
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1 |
Clark................. |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
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2 |
Washoe........... |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
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3 |
Carson City..... |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
[35,700 |
-------] |
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------- |
35,700 |
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Churchill.......... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
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Douglas........... |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
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Elko.................. |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
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Humboldt........ |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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Lyon................. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
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Nye................... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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White Pine...... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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4 |
Lander.............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
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Lincoln............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
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Mineral............ |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
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Pershing.......... |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
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5 |
Esmeralda........ |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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Eureka.............. |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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Storey.............. |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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κ1987 Statutes of Nevada, Page 56 (CHAPTER 23, AB 87)κ
Sec. 2. NRS 247.010 is hereby amended to read as follows:
247.010 1. [County recorders shall] Except as otherwise provided in subsection 3, county recorders must be elected by the qualified electors of their respective counties.
2. County records [shall] must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective officers on the 1st Monday of January subsequent to their election.
3. The clerk of Carson City is ex officio the recorder of Carson City.
Sec. 3. NRS 249.010 is hereby amended to read as follows:
249.010 1. Except as provided in subsection 3, county treasurers [shall] must be elected by the qualified electors of their respective counties.
2. County treasurers [shall] must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the 1st Monday of January subsequent to their election.
3. The county clerks of Churchill, Douglas, Esmeralda, Eureka, Lyon, Mineral, Pershing and Storey counties are ex officio county treasurers of their respective counties. [The clerk of Carson City is the ex officio treasurer of Carson City.]
Sec. 4. NRS 253.010 is hereby amended to read as follows:
253.010 1. Except as provided in subsection 3, public administrators [shall] must be elected by the qualified electors of their respective counties.
2. Public administrators [shall] must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.
3. The district attorneys of Lander, Lincoln and White Pine counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The [recorder] clerk of Carson City shall serve as public administrator of Carson City.
Sec. 5. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administrator of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 253.043.
2. The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the [recorder] clerk of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
3. The public administrator is entitled to compensation by the court for the reasonable value of his services performed in preserving the personal property of an estate of a deceased person before the appointment of an administrator.
Sec. 6. Section 3.030 of the charter of Carson City, being section 2 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 118, Statutes of Nevada 1985, at page 477, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 57 (CHAPTER 23, AB 87)κ
Sec. 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk, except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval of the journal at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Enter in the journal the results of the vote of the board upon the passage of ordinances or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
(d) [Sign all warrants issued.
(e) Number and validate all licenses issued by Carson City. All licenses must be in a form devised by the clerk and approved by the board.
(f)] Act as ex officio [treasurer.] recorder. The provisions of chapter [249] 247 of NRS apply to the clerk while acting in [such] that capacity, except that all deputy [treasurers] recorders other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the merit personnel system.
[(g) Invest all surplus money of Carson City.
(h) Keep a record of the cash balance and reconcile it with the controllers records monthly.
(i)] (e) Serve as public administrator without additional salary. The provisions of chapter 253 of NRS apply to the office of clerk while performing the duties of public administrator.
(f) Perform such other duties as may be required by the board or by the provisions of Nevada Revised Statutes which apply to a county clerk.
3. The clerk is entitled to an annual salary in the amount specified in NRS 245.043. The clerk shall not engage in any other business or occupation.
Sec. 7. Section 3.040 of the charter of Carson City, being section 2 of chapter 213, Statutes of Nevada 1969, as last amended by chapter 58, Statutes of Nevada 1981, at page 151, is hereby amended to read as follows:
Sec. 3.040 Recorder: Duties . [; salary.]
1. The provisions of chapter 247 of NRS apply to the clerk as ex officio recorder, except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.
κ1987 Statutes of Nevada, Page 58 (CHAPTER 23, AB 87)κ
2. The recorder shall [:
(a) Serve as public administrator without additional salary. Any fees provided by law for the public administrator must be paid into the general fund. The provisions of chapter 253 of NRS apply to the office of recorder while performing the duties of public administrator.
(b) With the approval of the board, institute, operate and maintain a system of records management for Carson City.
(c) Perform such other] perform such duties as may be imposed by the board or by the provisions of Nevada Revised Statutes which apply to county recorders.
3. No fees may be charged by the recorder except as provided by law and all such fees are payable in advance, if demanded. If he does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.
[4. The recorder is entitled to an annual salary in the amount specified in NRS 245.043. The recorder shall not engage in any other business or occupation.]
Sec. 8. The charter of Carson City, being section 2 of chapter 213, Statutes of Nevada 1969, is hereby amended by adding a new section to be designated as section 3.045, immediately following section 3.040, to read as follows:
Sec. 3.045 Treasurer: Duties; salary.
1. The provisions of chapter 249 of NRS apply to the office of treasurer, except that all deputy treasurers other than the two provided for in section 2.330 must be appointed pursuant to and governed by the regulations for the merit personnel system.
2. The treasurer shall:
(a) Invest all surplus money of Carson City.
(b) Keep a record of the cash balance and reconcile it with the controllers records monthly.
(c) Perform such other duties as may be required by the board or by the provisions of Nevada Revised Statutes which apply to county treasurers.
3. The treasurer is entitled to an annual salary in the amount specified in NRS 245.043, and shall not engage in any other business or occupation.
Sec. 9. The clerk incumbent on June 30, 1987, shall serve as treasurer beginning on July 1, 1987. The recorder incumbent on June 30, 1987, shall serve as clerk and ex officio recorder and public administrator beginning on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 59κ
Senate Bill No. 105Senators Mello, Wagner and Townsend
CHAPTER 24
AN ACT relating to the City of Sparks; amending the charter of the City of Sparks to make the office of city clerk an appointive position; and providing other matters properly relating thereto.
[Approved March 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.060 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1308, is hereby amended to read as follows:
Sec. 1.060 Elective officers: Qualifications; salaries; terms of office.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Five members of the council.
(c) [A city clerk.
(d)] A city attorney.
[(e)] (d) Municipal judges, the number to be determined pursuant to section 4.010.
2. All elective officers of the city, except the city attorney, must be:
(a) Bona fide residents of the city for at least 30 days immediately preceding the last day for filing a declaration of candidacy for such an office.
(b) Residents of the city during their term of office, and, in the case of a member of the council, a resident of the ward the member represents.
(c) Registered voters within the city.
3. No person may be elected or appointed as a member of the council who was not an actual bona fide resident of the ward to be represented by him for a period of at least 30 days immediately preceding the last day for filing a declaration of candidacy for [such] the office, or, in the case of appointment, 30 days immediately preceding the day the office became vacant.
4. The city attorney must be a registered voter in the State of Nevada and a licensed member of the State Bar of Nevada.
5. Each elective officer is entitled to receive a salary in an amount fixed by the city council. At any time before January 1 of the year in which a general municipal election is held, the city council shall enact an ordinance fixing the initial salary for each elective office for the term beginning on the 1st Monday following that election. This ordinance may not be amended to increase or decrease the salary for any office during the term. If the city council fails to enact such an ordinance before January 1 of the election year, the succeeding elective officers must receive the same salaries as their respective predecessors.
κ1987 Statutes of Nevada, Page 60 (CHAPTER 24, SB 105)κ
ordinance before January 1 of the election year, the succeeding elective officers must receive the same salaries as their respective predecessors.
Sec. 2. Section 1.070 of chapter 470, Statutes of Nevada 1975, as amended by chapter 380, Statutes of Nevada 1977, at page 712, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies.
1. A vacancy in the city council, or in the office of [the city clerk,] city attorney or municipal judge [shall] must be filled by appointment of the mayor, subject to confirmation by the city council, or by the remaining members of the city council in case of vacancy in [such] the council, within 30 days after the occurrence of [such] the vacancy. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurred, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall within 15 days after [such] the presentation select one of the two qualified persons to fill the vacancy. The appointee [shall] must have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor [shall] must be filled by the mayor pro tempore. The resulting vacancy in the city council [shall] must be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve the balance of the term of office to which he is appointed and until his successor is duly elected and qualified.
Sec. 3. Section 1.080 of chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1309, is hereby amended to read as follows:
Sec. 1.080 Appointive positions.
1. The mayor of the city [must] shall appoint a city manager, subject to confirmation by the city council.
2. The city council may establish such other appointive positions as it considers necessary for the operation of the city by designating the position by ordinance. A copy of the description of duties must be filed in the personnel office.
3. [Appointive] In addition to the city manager, appointive positions are limited to:
(a) The head of each department and division;
(b) Positions within the office of the city manager who report directly to him and possess peculiar and exceptional qualifications of a scientific or professional nature;
(c) Other positions appointed by the city manager which require special qualifications considered necessary by him, but the total number of such positions must not exceed 3 percent of the total permanent employees of the city; [and]
(d) In the fire and police departments, the chief and one technical assistant, who may not supervise any other employees [.] ; and
κ1987 Statutes of Nevada, Page 61 (CHAPTER 24, SB 105)κ
(e) The city clerk.
Appointment to these positions must be made by the city manager, subject to ratification of the city council.
Sec. 4. Section 3.040 of chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1316, is hereby amended to read as follows:
Sec. 3.040 City clerk: Duties [.] ; residence.
1. The city clerk shall:
[1.] (a) Keep the corporate seal and all public records.
[2.] (b) Supervise the central filing system for all departments of the city.
[3.] (c) Attend all regular, special and emergency meetings of the city council, and may attend all executive sessions concerning public officers.
[4.] (d) Keep an accurate journal of all regular, special and emergency meetings of the city council, including a record of all ordinances, bylaws and resolutions adopted by it.
[5.] (e) Attest the journal after approval at each meeting of the city council and after it has been signed by the mayor.
[6.] (f) Enter the result of the vote of the city council upon all official business in the journal.
[7.] (g) Perform such other duties as are designated by ordinance.
[8.] (h) Not engage in any other business or occupation without the approval of the city council.
2. The city clerk must establish his residence within the city within 90 days after his appointment, unless the period is extended by the city council. He must reside in the city during his term of office.
Sec. 5. Section 5.020 of chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1318, is hereby amended to read as follows:
Sec. 5.020 Primary municipal elections: Declaration of candidacy.
1. A candidate for any office to be voted for at any general municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the 1st Tuesday after the 1st Monday in May preceding the general election.
2. If for any general municipal election there are three or more candidates for the offices of mayor, [city clerk,] city attorney or municipal judge, or three or more candidates from each ward to represent the ward as a member of the city council, a primary election for that office must be held on the 1st Tuesday after the 1st Monday in May preceding the general election.
3. Candidates for the offices of mayor, [city clerk,] city attorney and municipal judge must be voted upon by the registered voters of the city at large. Candidates to represent a ward as a member of the city council must be voted upon by the registered voters of the ward to be represented by them.
κ1987 Statutes of Nevada, Page 62 (CHAPTER 24, SB 105)κ
4. The names of the two candidates for mayor, [city clerk,] city attorney and municipal judge and the names of the two candidates to represent the ward as a member of the city council from each ward who receive the highest number of votes at the primary election must be placed on the ballot for the general election.
Sec. 6. The provisions of this act do not affect the rights, duties or current term of office of a person elected to the office of city clerk before the effective date of this act.
Sec. 7. This act becomes effective upon passage and approval.
________
Assembly Bill No. 182Committee on Judiciary
CHAPTER 25
AN ACT relating to estates in property; adopting the Uniform Statutory Rule Against Perpetuities; and providing other matters properly relating thereto.
[Approved March 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. A nonvested property interest is invalid unless:
(a) When the interest is created, it is certain to vest or terminate no later than 21 years after the death of a natural person then alive; or
(b) The interest either vests or terminates within 90 years after its creation.
2. A general power of appointment not presently exercisable because of a condition precedent is invalid unless:
(a) When the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than 21 years after the death of a natural person then alive; or
(b) The condition precedent either is satisfied or becomes impossible to satisfy within 90 years after its creation.
3. A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:
(a) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than 21 years after the death of a natural person then alive; or
(b) The power is irrevocably exercised or otherwise terminates within 90 years after its creation.
4. In determining whether a nonvested property interest or a power of appointment is valid under paragraph (a) of subsection 1, paragraph (a) of subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.
κ1987 Statutes of Nevada, Page 63 (CHAPTER 25, AB 182)κ
subsection 2 or paragraph (a) of subsection 3, the possibility that a child will be born to a person after his or her death is disregarded.
Sec. 3. 1. Except as provided in subsections 2 and 3 and in subsection 1 of section 6 of this act, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.
2. For purposes of NRS 111.103 and sections 2 to 6, inclusive, of this act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of:
(a) A nonvested property interest; or
(b) A property interest subject to a power of appointment described in subsection 2 or 3 of section 2 of this act,
the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For purposes of NRS 111.103 and sections 2 to 6, inclusive, of this act, a joint power with respect to community property held by persons married to each other is a power exercisable by one person alone.
3. For purposes of NRS 111.103 and sections 2 to 6, inclusive, of this act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
Sec. 4. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferors manifested plan of distribution and is within the 90 years allowed by paragraph (b) of subsection 1, paragraph (b) of subsection 2 or paragraph (b) of subsection 3 of section 2 of this act if:
1. A nonvested property interest or a power of appointment becomes invalid under section 2 of this act;
2. A class gift is not but might become invalid under section 2 of this act and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or
3. A nonvested property interest that is not validated by paragraph (a) of subsection 1 of section 2 of this act can vest but not within 90 years after its creation.
Sec. 5. Section 2 of this act does not apply to:
1. A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(a) A premarital or postmarital agreement;
(b) A separation or divorce settlement;
(c) A spouses election;
(d) A similar arrangement arising out of a prospective, existing or previous marital relationship between the parties;
(e) A contract to make or not to revoke a will or trust;
(f) A contract to exercise or not to exercise a power of appointment;
κ1987 Statutes of Nevada, Page 64 (CHAPTER 25, AB 182)κ
(g) A transfer in satisfaction of a duty of support; or
(h) A reciprocal transfer;
2. A fiduciarys power relating to the administration or management of assets, including the power of a fiduciary to sell, lease or mortgage property, and the power of a fiduciary to determine principal and income;
3. A power to appoint a fiduciary;
4. A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
5. A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
6. A nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
7. A property interest, power of appointment or arrangement that was not subject to the common-law rule against perpetuities or is expressly excluded by another statute of this state.
Sec. 6. 1. Except as extended by subsection 2, NRS 111.103 and sections 2 to 5, inclusive, of this act apply to a nonvested property interest or a power of appointment that is created on or after July 1, 1987. For purposes of this section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
2. With respect to a nonvested property interest or a power of appointment that was created before July 1, 1987, and that violates the rule against perpetuities as that rule existed before that date, a court upon the petition of an interested person may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferors manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
Sec. 7. NRS 111.103 is hereby amended to read as follows:
111.103 [1. In determining whether an interest violates the rule against perpetuities, the period of perpetuities must be measured by actual rather than possible events. The period must be measured by a life whose continuance has a causal relationship to the vesting or failure of the interest.
κ1987 Statutes of Nevada, Page 65 (CHAPTER 25, AB 182)κ
2. A court shall reform any interest found to violate the rule as modified by subsection 1 so as to approximate as nearly as feasible the intention of the creator of the interest and to comply with the rule.] This section and sections 2 to 6, inclusive, of this act:
1. May be cited as the Uniform Statutory Rule Against Perpetuities; and
2. Must be applied and construed to effectuate their general purpose to make uniform the law with respect to their subject among states enacting the Uniform Statutory Rule Against Perpetuities.
Sec. 8. NRS 117.103 is hereby amended to read as follows:
117.103 [The] Section 2 of this act and the common-law rules of property known as the rule against perpetuities and the rule restricting unreasonable restraints on alienation [shall] must not be applied to defeat any of the provisions of this chapter.
________
Assembly Bill No. 202Assemblyman Sader
CHAPTER 26
AN ACT relating to limited partnerships; substituting the Uniform Limited Partnership Act (1985) for the Revised Uniform Limited Partnership Act of 1976; making certain administrative changes; and providing other matters properly relating thereto.
[Approved March 17, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 88.315 is hereby amended to read as follows:
88.315 As used in this chapter, unless the context otherwise requires:
1. Certificate of limited partnership means the certificate referred to in NRS 88.350, and the certificate as amended [.] or restated.
2. Contribution means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.
3. Event of withdrawal of a general partner means an event that causes a person to cease to be a general partner as provided in NRS 88.450.
4. Foreign limited partnership means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.
5. General partner means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.
6. Limited partner means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement . [and named in the certificate of limited partnership as a limited partner.]
κ1987 Statutes of Nevada, Page 66 (CHAPTER 26, AB 202)κ
7. Limited partnership and domestic limited partnership mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
8. Partner means a limited or general partner.
9. Partnership agreement means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.
10. Partnership interest means a partners share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.
11. Person means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association or corporation.
12. State means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
Sec. 2. NRS 88.320 is hereby amended to read as follows:
88.320 The name of each limited partnership as set forth in its certificate of limited partnership:
1. Must contain without abbreviation the words limited partnership;
2. May not contain the name of a limited partner unless:
(a) It is also the name of a general partner or the corporate name of a corporate general partner; or
(b) The business of the limited partnership had been carried on under that name before the admission of that limited partner; and
3. [May not contain any word or phrase indicating or implying that it is organized other than for a purpose stated in its certificate of limited partnership; and
4.] May not be the same as, or deceptively similar to, the name of any corporation or limited partnership organized under the laws of this state or licensed or registered as a foreign corporation or limited partnership in this state, unless the corporation or limited partnership already bearing that name files with the secretary of state its written consent to the use of the same or a similar name by the limited partnership whose certificate is offered for filing.
Sec. 3. NRS 88.330 is hereby amended to read as follows:
88.330 1. Each limited partnership shall continuously maintain in this state:
[1.] (a) An office, which may but need not be a place of its business in this state, at which must be kept the records required by NRS 88.335 to be maintained; and
[2.] (b) An agent for service of process on the limited partnership, who must be a natural person resident of this state, a domestic corporation or a foreign corporation authorized to do business in this state.
2. Every such agent for service of process shall, within 10 days after acceptance of an initial appointment, file a certificate thereof in the office of the secretary of state.
κ1987 Statutes of Nevada, Page 67 (CHAPTER 26, AB 202)κ
3. Within 30 days after changing the location of his office from one address to another in this state, an agent for service of process shall file a certificate with the secretary of state setting forth the names of the limited partnerships represented by the agent, the address at which the agent has maintained the office for each of the limited partnerships, and the new address to which the office is transferred.
4. Within 30 days after changing the location of the office which contains records for a limited partnership, the agent shall file a notice of the change in address with the secretary of state which sets forth the name of the limited partnership, the previous address of the office and the new address of the office.
Sec. 4. NRS 88.335 is hereby amended to read as follows:
88.335 1. Each limited partnership shall keep at the office referred to in subsection 1 of NRS 88.330 the following:
[1.] (a) A current list of the full name and last known business address of each partner [set forth in alphabetical order;
2.] separately identifying the general partners in alphabetical order and the limited partners in alphabetical order;
(b) A copy of the certificate of limited partnership and all certificates of amendment thereto, together with executed copies of any powers of attorney pursuant to which any certificate has been executed;
[3.] (c) Copies of the limited partnerships federal, state, and local income tax returns and reports, if any, for the 3 most recent years; [and
4.] (d) Copies of any then effective written partnership agreements and of any financial statements of the limited partnership for the 3 most recent years [.
Those records] ; and
(e) Unless contained in a written partnership agreement, a writing setting out:
(1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute;
(2) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;
(3) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partners contribution; and
(4) Any events upon the happening of which the limited partnership is to be dissolved and its affairs wound up.
2. Records kept pursuant to this section are subject to inspection and copying at the reasonable request, and at the expense, of any partner during ordinary business hours.
Sec. 5. NRS 88.350 is hereby amended to read as follows:
88.350 1. In order to form a limited partnership , [two or more persons must execute] a certificate of limited partnership [. The certificate] must be executed and filed in the office of the secretary of state . [and] The certificate must set forth:
κ1987 Statutes of Nevada, Page 68 (CHAPTER 26, AB 202)κ
(a) The name of the limited partnership;
(b) [The general character of its business;
(c)] The address of the office and the name and address of the agent for service of process required to be maintained by NRS 88.330;
[(d)] (c) The name and the business address of each general partner;
[(e) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each partner and which each partner has agreed to contribute in the future;
(f) The times at which or events on the happening of which any additional contributions agreed to be made by each partner are to be made;
(g) Any power of a limited partner to grant the right to become a limited partner to an assignee of any part of his partnership interest, and the terms and conditions of the power;
(h) If agreed upon, the time at which or the events on the happening of which a partner may terminate his membership in the limited partnership and the amount of, or the method of determining, the distribution to which he may be entitled respecting his partnership interest, and the terms and conditions of the termination and distribution;
(i) Any right of a partner to receive distributions of property, including cash from the limited partnership;
(j) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return of all or any part of the partners contribution;
(k) Any time at which or events upon the happening of which the limited partnership is to be dissolved and its affairs wound up;
(l) Any right of the remaining general partners to continue the business on the happening of an event of withdrawal of a general partner; and
(m)] (d) The latest date upon which the limited partnership is to dissolve; and
(e) Any other matters the general partners determine to include therein.
2. A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.
Sec. 6. NRS 88.355 is hereby amended to read as follows:
88.355 1. A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the secretary of state. The certificate must set forth:
(a) The name of the limited partnership;
(b) The date of filing of the certificate; and
(c) The amendment to the certificate.
2. Within 30 days after the happening of any of the following events an amendment to a certificate of limited partnership reflecting the occurrence of the event or events must be filed:
(a) [A change in the amount or character of the contribution of any partner, or in any partners obligation to make a contribution;
κ1987 Statutes of Nevada, Page 69 (CHAPTER 26, AB 202)κ
(b)] The admission of a new general partner;
[(c)] (b) The withdrawal of a general partner; or
[(d)] (c) The continuation of the business under NRS 88.550 after an event of withdrawal of a general partner.
3. A general partner who becomes aware that any statement in a certificate of limited partnership was false when made or that any arrangements or other facts described have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate.
4. A certificate of limited partnership may be amended at any time for any other proper purpose the general partners [may] determine.
5. No person has any liability because an amendment to a certificate of limited partnership has not been filed to reflect the occurrence of any event referred to in subsection 2 if the amendment is filed within the 30-days period specified in subsection 2.
6. A restated certificate of limited partnership may be executed and filed in the same manner as a certificate of amendment.
Sec. 7. NRS 88.365 is hereby amended to read as follows:
88.365 If a person required by NRS 88.375 to execute a certificate [of amendment or cancellation] fails or refuses to do so, any other [partner, and any assignee of a partnership interest,] person who is adversely affected by the failure or refusal [,] may petition the district court to direct the [amendment or cancellation.] execution of the certificate. If the court finds that [the amendment or cancellation] it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, it shall order the secretary of state to record an appropriate certificate . [of amendment or cancellation.]
Sec. 8. NRS 88.370 is hereby amended to read as follows:
88.370 The fact that a certificate of limited partnership is on file in the office of the secretary of state is notice that the partnership is a limited partnership and [the persons designated therein as limited partners are limited partners,] that a person designated as a general partner is a general partner, but it is not notice of any other fact.
Sec. 9. NRS 88.375 is hereby amended to read as follows:
88.375 1. Each certificate required by NRS 88.350 to 88.390, inclusive, to be filed in the office of the secretary of state must be executed in the following manner:
(a) An original certificate of limited partnership must be signed by all general partners ; [named therein;]
(b) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner ; [or whose contribution is described as having been increased;] and
(c) A certificate of cancellation must be signed by all general partners.
2. Any person may sign a certificate by an attorney in fact, but a power of attorney to sign a certificate relating to the admission [, or increased contribution,] of a general partner must specifically describe the admission . [or increase.]
κ1987 Statutes of Nevada, Page 70 (CHAPTER 26, AB 202)κ
3. The execution of a certificate by a general partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true.
Sec. 10. NRS 88.395 is hereby amended to read as follows:
88.395 1. Each limited partnership [organized under the laws of this state] shall, on or before the last day of the month in which the anniversary date of the filing of its certificate of limited partnership occurs in each year, file with the secretary of state a list of its general partners and a designation of its agent in this state for service of process, certified by a general partner of the limited partnership. The list must, after the name of each general partner listed thereon, set forth his post office box or street address.
2. If addresses are not thus stated for all listed partners on any list offered for filing, the secretary of state may refuse to file it, and the limited partnership for which the list has been offered for filing is subject to all the provisions relating to failure to file such a list within or at the times specified, unless such a list is subsequently submitted for filing conformably to the provisions of NRS 88.400.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited partnership required to comply with the provisions of this section which has not become delinquent the blank forms to be completed and filed with the secretary of state. Failure of any limited partnership to receive the forms does not excuse it from the penalty imposed by NRS 88.400.
Sec. 11. NRS 88.415 is hereby amended to read as follows:
88.415 The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:
1. For filing a certificate of limited partnership, $75.
2. For filing a certificate of amendment of limited partnership [,] or restated certificate of limited partnership, $50.
3. For filing a reinstated certificate of limited partnership, $75.
4. For filing the annual list of general partners and designation of [resident agent,] an agent for service of process, $30.
5. For filing a certificate of the change of address of an agent for service of process, $10 plus $1 for each limited partnership he represents.
6. For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, $5.
[6.] 7. For certifying an authorized printed copy of the limited partnership law, $5.
[7.] 8. For certifying the reservation of a limited partnership name, $5.
[8.] 9. For executing , filing or certifying any other [certificate, $10.
9.] document, $10.
10. For comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 100 words of each document or paper compared.
[10.] 11. For copies made at the office of the secretary of state from microfiche, $1 per page.
κ1987 Statutes of Nevada, Page 71 (CHAPTER 26, AB 202)κ
Sec. 12. NRS 88.420 is hereby amended to read as follows:
88.420 1. A person becomes a limited partner:
(a) At the time the limited partnership is formed; or
(b) At any later time stated in the records of the limited partnership for becoming a limited partner.
2. After the filing of a limited partnerships original certificate of limited partnership, a person may be admitted as an additional limited partner:
[1.] (a) In the case of a person acquiring a partnership interest directly from the limited partnership, upon the compliance with the partnership agreement or, if the partnership agreement does not provide, upon the written consent of all partners; and
[2.] (b) In the case of an assignee of a partnership interest of a partner who has the power, as provided in NRS 88.540, to grant the assignee the right to become a limited partner, upon the exercise of that power and compliance with any conditions limiting the grant or exercise of the power.
Sec. 13. NRS 88.430 is hereby amended to read as follows:
88.430 1. Except as provided in subsection 4, a limited partner is not liable for the obligations of a limited partnership unless he is also a general partner or, in addition to the exercise of his rights and powers as a limited partner, he [takes part] participates in the control of the business. However, if the limited [partners participation] partner participates in the control of the business , [is not substantially the same as the exercise of the powers of a general partner,] he is liable only to persons who transact business with the limited partnership [with actual knowledge of his participation in control.] reasonably believing, based upon the limited partners conduct, that he is a general partner.
2. A limited partner does not participate in the control of the business within the meaning of subsection 1 solely by doing one or more of the following:
(a) Being a contractor for or an agent or employee of the limited partnership or of a general partner [;] or being an officer, director or shareholder of a general partner that is a corporation;
(b) Consulting with and advising a general partner with respect to the business of the limited partnership;
(c) Acting as surety for the limited partnership [;
(d) Approving or disapproving an amendment to the partnership agreement; or
(e) Voting on] guaranteeing or assuming one or more specific obligations of the limited partnership;
(d) Taking any action required or permitted by law to bring or pursue a derivative action in the right of the limited partnership;
(e) Requesting or attending a meeting of partners;
(f) Proposing, approving or disapproving, by voting or otherwise, one or more of the following matters:
(1) The dissolution and winding up of the limited partnership;
κ1987 Statutes of Nevada, Page 72 (CHAPTER 26, AB 202)κ
(2) The sale, exchange, lease, mortgage, pledge or other transfer of all or substantially all of the assets of the limited partnership ; [other than in the ordinary course of its business;]
(3) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;
(4) A change in the nature of the business; [or]
(5) The admission or removal of a general partner [.] ;
(6) The admission or removal of a limited partner;
(7) A transaction involving an actual or potential conflict of interest between a general partner and the limited partnership or the limited partners;
(8) An amendment to the partnership agreement or certificate of limited partnership; or
(9) Matters related to the business of the limited partnership not otherwise enumerated in this subsection, which the partnership agreement states in writing may be subject to the approval or disapproval of limited partners;
(g) Winding up the limited partnership pursuant to NRS 88.560; or
(h) Exercising any right or power permitted to limited partners under this chapter and not specifically enumerated in this subsection.
3. The enumeration in subsection 2 does not mean that the possession or exercise of any other powers by a limited partner constitutes participation by him in the business of the limited partnership.
4. A limited partner who knowingly permits his name to be used in the name of the limited partnership, except under circumstances permitted by subsection 2 of NRS 88.320, is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.
Sec. 14. NRS 88.435 is hereby amended to read as follows:
88.435 1. Except as provided in subsection 2, a person who makes a contribution to a business enterprise and erroneously but in good faith believes that he has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a limited partner, if, on ascertaining the mistake, he:
(a) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or
(b) Withdraws from future equity participation in the enterprise by executing and filing in the office of the secretary of state a certificate declaring withdrawal under this section.
2. A person who makes a contribution of the kind described in subsection 1 is liable as a general partner to any third party who transacts business with the enterprise:
(a) Before the person withdraws and an appropriate certificate is filed to show withdrawal; or
κ1987 Statutes of Nevada, Page 73 (CHAPTER 26, AB 202)κ
(b) Before an appropriate certificate is filed to show [his status as a limited partner and, in the case of an amendment, after expiration of the 30-day period for filing an amendment relating to the person as a limited partner under NRS 88.355,] that he is not a general partner,
but in either case only if the third party actually believed in good faith that the person was a general partner at the time of the transaction.
Sec. 15. NRS 88.445 is hereby amended to read as follows:
88.445 After the filing of a limited partnerships original certificate of limited partnership, additional general partners may be admitted [only with the specific written consent of each partner.] as provided in writing in the partnership agreement or, if the partnership agreement does not provide in writing for the admission of additional general partners, with the written consent of all partners.
Sec. 16. NRS 88.450 is hereby amended to read as follows:
88.450 Except as approved by the specific written consent of all partners at the time, a person ceases to be a general partner of a limited partnership upon the happening of any of the following events:
1. The general partner withdraws from the limited partnership as provided in NRS 88.495;
2. The general partner ceases to be a member of the limited partnership as provided in NRS 88.530;
3. The general partner is removed as a general partner in accordance with the partnership agreement;
4. Unless otherwise provided in [the certificate of limited partnership,] writing in the partnership agreement, the general partner:
(a) Makes an assignment for the benefit of creditors;
(b) Files a voluntary petition in bankruptcy;
(c) Is adjudicated a bankrupt or insolvent;
(d) Files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation;
(e) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature; or
(f) Seeks, consents to or acquiesces in the appointment of a trustee, receiver or liquidator of the general partner or of all or any substantial part of his properties;
5. Unless otherwise provided in [the certificate of limited partnership,] writing in the partnership agreement, 120 days after the commencement of any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the general partner or of all or any substantial part of his properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any such stay, the appointment is not vacated;
κ1987 Statutes of Nevada, Page 74 (CHAPTER 26, AB 202)κ
6. In the case of a general partner who is a natural person:
(a) His death; or
(b) The entry by a court of competent jurisdiction adjudicating him incompetent to manage his person or his estate;
7. In the case of a general partner who is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee;
8. In the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership;
9. In the case of a general partner that is a corporation, the filing of a certificate of dissolution, or its equivalent, for the corporation or the revocation of its charter; or
10. In the case of an estate, the distribution by the fiduciary of the estates entire interest in the partnership.
Sec. 17. NRS 88.475 is hereby amended to read as follows:
88.475 1. A promise by a limited partner to contribute to the limited partnership is not enforceable unless set out in a writing signed by the limited partner.
2. Except as provided in the [certificate of limited partnership,] partnership agreement, a partner is obligated to the limited partnership to perform any enforceable promise to contribute cash or property or to perform services, even if he is unable to perform because of death, disability or any other reason. If a partner does not make the required contribution of property or services, he is obligated at the option of the limited partnership to contribute cash equal to that portion of the value, as stated in the [certificate of limited partnership,] partnership records required to be kept pursuant to NRS 88.335, of the stated contribution that has not been made.
[2.] 3. Unless otherwise provided in the partnership agreement, the obligation of a partner to make a contribution or return money or other property paid or distributed in violation of this chapter may be compromised only by consent of all the partners. Notwithstanding the compromise, a creditor of a limited partnership who extends credit [, or whose claim arises, after the filing of the certificate of limited partnership or an amendment thereto which, in either case,] or otherwise acts in reliance on that obligation after the partner signs a writing that reflects the obligation [,] and before the amendment or cancellation thereof to reflect the compromise, may enforce the original obligation.
Sec. 18. NRS 88.480 is hereby amended to read as follows:
88.480 The profits and losses of a limited partnership must be allocated among the partners, and among classes of partners, in the manner provided in writing in the partnership agreement. If the partnership agreement does not so provide [,] in writing, profits and losses must be allocated on the basis of the value, as stated in the [certificate of limited partnership,] partnership records required to be kept pursuant to NRS 88.335, of the contributions made by each partner to the extent they have been received by the partnership and have not been returned.
κ1987 Statutes of Nevada, Page 75 (CHAPTER 26, AB 202)κ
Sec. 19. NRS 88.485 is hereby amended to read as follows:
88.485 Distributions of cash or other assets of a limited partnership must be allocated among the partners, and among classes of partners, in the manner provided in writing in the partnership agreement. If the partnership agreement does not so provide [,] in writing, distributions must be made on the basis of the value, as stated in the [certificate of limited partnership,] partnership records required to be kept pursuant to NRS 88.335, of the contributions made by each partner to the extent they have been received by the partnership and have not been returned.
Sec. 20. NRS 88.490 is hereby amended to read as follows:
88.490 Except as provided in NRS 88.490 to 88.525, inclusive, a partner is entitled to receive distributions from a limited partnership before his withdrawal from the limited partnership and before the dissolution and winding up thereof [;
1. To] to the extent and at the times or upon [the happening] occurrence of the events specified in the partnership agreement . [; and
2. If any distribution constitutes a return of any part of his contribution under subsection 3 of NRS 88.525, to the extent and at the times or upon the happening of the events specified in the certificate of limited partnership.]
Sec. 21. NRS 88.500 is hereby amended to read as follows:
88.500 A limited partner may withdraw from a limited partnership at the time or upon the happening of events specified in [the certificate of limited partnership and in accordance with] writing in the partnership agreement. If the [certificate] agreement does not specify in writing the time or the events upon the happening of which a limited partner may withdraw or a definite time for the dissolution and winding up of the limited partnership, a limited partner may withdraw upon not less than 6 months prior written notice to each general partner at his address on the books of the limited partnership at its office in this state.
Sec. 22. NRS 88.510 is hereby amended to read as follows:
88.510 Except as provided in [the certificate of limited partnership,] writing in the partnership agreement, a partner, regardless of the nature of his contributions, has no right to demand and receive any distribution from a limited partnership in any form other than cash. Except as provided in writing in the partnership agreement, a partner may not be compelled to accept a distribution of any asset in kind from a limited partnership to the extent that the percentage of the asset distributed to him exceeds a percentage of that asset which is equal to the percentage in which he shares in distributions from the limited partnership.
Sec. 23. NRS 88.525 is hereby amended to read as follows:
88.525 1. If a partner has received the return of any part of his contribution without violation of the partnership agreement or this chapter, he is liable to the limited partnership for a period of 1 year thereafter for the amount of the returned contribution, but only to the extent necessary to discharge the limited partnerships liabilities to creditors who extended credit to the limited partnership during the period the contribution was held by the partnership.
κ1987 Statutes of Nevada, Page 76 (CHAPTER 26, AB 202)κ
to the limited partnership during the period the contribution was held by the partnership.
2. If a partner has received the return of any part of his contribution in violation of the partnership agreement or this chapter, he is liable to the limited partnership for a period of 6 years thereafter for the amount of the contribution wrongfully returned.
3. A partner receives a return of his contribution to the extent that a distribution to him reduces his share of the fair value of the net assets of the limited partnership below the value, as set forth in the [certificate of limited partnership,] partnership records required to be kept pursuant to NRS 88.335, of his contribution which has not been distributed to him.
Sec. 24. NRS 88.540 is hereby amended to read as follows:
88.540 1. An assignee of a partnership interest, including an assignee of a general partner, may become a limited partner if and to the extent that:
(a) The assignor gives the assignee that right in accordance with authority described in the [certificate of limited partnership;] partnership agreement; or
(b) All other partners consent.
2. An assignee who has become a limited partner has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited partner also is liable for the obligations of his assignor to make and return contributions as provided in NRS 88.490 to 88.525, inclusive. However, the assignee is not obligated for liabilities unknown to the assignee at the time he became a limited partner . [and which could not be ascertained from the certificate of limited partnership.]
3. If an assignee of a partnership interest becomes a limited partner, the assignor is not released from his liability to the limited partnership under NRS 88.385 and 88.475.
Sec. 25. NRS 88.550 is hereby amended to read as follows:
88.550 A limited partnership is dissolved and its affairs must be wound up upon the happening of the first [to occur] of the following [:] to occur:
1. At the time [or upon the happening of events] specified in the certificate of limited partnership;
2. Upon the happening of events specified in writing in the partnership agreement;
3. Written consent of all partners;
[3.] 4. An event of withdrawal of a general partner unless at the time there is at least one other general partner and the [certificate of limited partnership permits] written provisions of the partnership agreement permit the business of the limited partnership to be carried on by the remaining general partner and that partner does so, but the limited partnership is not dissolved and is not required to be wound up by reason of any event of withdrawal if, within 90 days after the withdrawal, all partners agree in writing to continue the business of the limited partnership and to the appointment of one or more additional general partners if necessary or desired; or
κ1987 Statutes of Nevada, Page 77 (CHAPTER 26, AB 202)κ
appointment of one or more additional general partners if necessary or desired; or
[4.] 5. Entry of a decree of judicial dissolution under NRS 88.555.
Sec. 26. NRS 88.575 is hereby amended to read as follows:
88.575 Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and setting forth:
1. The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this state;
2. The state and date of its formation;
3. [The general character of the business it proposes to transact in this state;
4.] The name and address of any agent for service of process on the foreign limited partnership whom the foreign limited partnership elects to appoint [; the agent] , who must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in this state;
[5.] 4. A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if no agent has been appointed pursuant to subsection [4] 3 or, if appointed, the agents authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;
[6.] 5. The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership; [and
7. If the certificate of limited partnership filed in the foreign limited partnerships state of organization is not required to include the names and business addresses of the partners, a list of the names and addresses.]
6. The name and business address of each general partner; and
7. The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnerships registration in this state is canceled or withdrawn.
Sec. 27. Chapter 88 of NRS is hereby amended by adding thereto the provisions set forth as sections 28, 29 and 30 of this act.
Sec. 28. 1. Any person who has been designated by a limited partnership as its agent for service of process and who thereafter desires to resign shall file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the limited partnership for service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.
κ1987 Statutes of Nevada, Page 78 (CHAPTER 26, AB 202)κ
2. Upon the filing of the statement with the secretary of state the capacity of the person as agent for service of process terminates, and the secretary of state forthwith shall give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the agent for service of process.
3. If a designated agent for service of process dies, resigns or removes from the state, the limited partnership, within 30 days thereafter, shall file with the secretary of state a certificate setting forth the name and complete address of a newly designated resident agent.
Sec. 29. A limited partnership may carry on any business that a partnership without limited partners may carry on except banking or insurance.
Sec. 30. A partnership interest is personal property.
Sec. 31. This act becomes effective upon passage and approval.
________
Assembly Bill No. 117Assemblymen Banner, Wisdom, Jeffrey, Thompson, Bergevin, Fay, Tebbs, Wendell Williams and Carpenter
CHAPTER 27
AN ACT relating to industrial insurance; providing for the continuation of payments for a permanent partial disability until the age of 70; and providing other matters properly relating thereto.
[Approved March 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The insurer shall select a physician from a group of rating physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Associations Guides to the Evaluation of Permanent Impairment in the form most recently published and supplemented before January 1, 1985. The department may supplement this publication by adopting regulations for a supplemental guide.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.
κ1987 Statutes of Nevada, Page 79 (CHAPTER 27, AB 117)κ
4. Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or [:
(a) On or after July 1, 1983, and before July 1, 1984, until the claimant is 66 years of age;
(b) On or after July 1, 1984, and before July 1, 1985, until the claimant is 67 years of age;
(c) On or after July 1, 1985, and before July 1, 1986, until the claimant is 68 years of age;
(d) On or after July 1, 1986, and before July 1, 1987, until the claimant is 69 years of age; or
(e) On or after July 1, 1987,] until the claimant is 70 years of age, whichever is later.
5. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
7. The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
9. This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 2. The amendatory provisions of this act apply:
1. To any award of compensation paid in installments for a permanent partial disability which commenced on or after July 1, 1983; and
2. To any person who was less than 65 years of age and receiving compensation for a permanent partial disability on July 1, 1983.
Sec. 3. Those persons whose compensation for a permanent partial disability ceased on or after July 1, 1983, but before July 1, 1987, solely because the person reached one of the ages set out in paragraphs (a) to (d), inclusive, of subsection 4 of NRS 616.605, as that section read before amendment by this act, are entitled to receive retroactively compensation as if the amendatory provisions of this act became effective on July 1, 1983.
κ1987 Statutes of Nevada, Page 80 (CHAPTER 27, AB 117)κ
Sec. 4. The amendatory provisions of this act do not apply to any person who accepted his compensation for a permanent partial disability in a lump sum before July 1, 1987.
________
Senate Bill No. 6Senators Raggio, Coffin, Gibson, Horn, Joerg, Jones, Malone, Rawson and Redelsperger
CHAPTER 28
AN ACT relating to corporations; allowing limitation of the personal liability of directors and officers; revising provisions concerning indemnification and advancement of expenses of litigation; authorizing certain financial arrangements for persons indemnified by the corporation; limiting the personal liability of directors of nonprofit corporations under certain circumstances; and providing other matters properly relating thereto.
[Approved March 18, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The certificate or articles of incorporation may also contain:
1. A provision eliminating or limiting the personal liability of a director or officer to the corporation or its stockholders for damages for breach of fiduciary duty as a director or officer, but such a provision must not eliminate or limit the liability of a director or officer for:
(a) Acts or omissions which involve intentional misconduct, fraud or a knowing violation of law; or
(b) The payment of dividends in violation of NRS 78.300.
2. Any provision, not contrary to the laws of this state, for the management of the business and for the conduct of the affairs of the corporation, and any provision creating, defining, limiting or regulating the powers of the corporation or the rights, powers or duties of the directors, and the stockholders, or any class of the stockholders, or the holders of bonds as other obligations of the corporation, or governing the distribution or division of the profits of the corporation.
Sec. 3. 1. A corporation may purchase and maintain insurance or make other financial arrangements on behalf of any person who is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise for any liability asserted against him and liability and expenses incurred by him in his capacity as a director, officer, employee or agent, or arising out of his status as such, whether or not the corporation has the authority to indemnify him against such liability and expenses.
κ1987 Statutes of Nevada, Page 81 (CHAPTER 28, SB 6)κ
2. The other financial arrangements made by the corporation pursuant to subsection 1 may include the following:
(a) The creation of a trust fund.
(b) The establishment of a program of self-insurance.
(c) The securing of its obligation of indemnification by granting a security interest or other lien on any assets of the corporation.
(d) The establishment of a letter of credit, guaranty or surety.
No financial arrangement made pursuant to this subsection may provide protection for a person adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable for intentional misconduct, fraud or a knowing violation of law, except with respect to the advancement of expenses or indemnification ordered by a court.
3. Any insurance or other financial arrangement made on behalf of a person pursuant to this section may be provided by the corporation or any other person approved by the board of directors, even if all or part of the other persons stock or other securities is owned by the corporation.
4. In the absence of fraud:
(a) The decision of the board of directors as to the propriety of the terms and conditions of any insurance or other financial arrangement made pursuant to this section and the choice of the person to provide the insurance or other financial arrangement is conclusive; and
(b) The insurance or other financial arrangement:
(1) Is not void or voidable; and
(2) Does not subject any director approving it to personal liability for his action,
even if a director approving the insurance or other financial arrangement is a beneficiary of the insurance or other financial arrangement.
5. A corporation or its subsidiary which provides self-insurance for itself or for another affiliated corporation pursuant to this section is not subject to the provisions of Title 57 of NRS.
Sec. 4. NRS 78.035 is hereby amended to read as follows:
78.035 The certificate or articles of incorporation must set forth:
1. The name of the corporation, which must not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040, unless the written acknowledged consent of the other corporation or person for whom the name is reserved to the adoption of the names is filed with the articles. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as Incorporated, Limited, Inc., Ltd., Company, Co., Corporation, Corp., or other word which identifies it as not being natural person.
2. The name of the county, and of the city or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable, and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until the location is marked and established.
κ1987 Statutes of Nevada, Page 82 (CHAPTER 28, SB 6)κ
business is to be located in this state, giving the street and number wherever practicable, and if not so described as to be easily located within the county, city or town, the secretary of state shall refuse to issue his certificate until the location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It is sufficient to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such a statement makes all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there must be set forth therein a statement that more than one class of stock is authorized, whether each class is preferred, special or common, and the total number of shares of each class of stock which the corporation may issue. If the corporation is to issue any class or series of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or series, there must be set forth in the certificate or articles of incorporation the limits, if any, of variation between the respective classes or series of each class, as to designation, voting, amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion rights or otherwise, but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the designations, rights, preferences or other variations of each class or series within each class as provided by NRS 78.195.
5. Whether the members of the governing board must be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, which may not be less than three unless the articles set forth that the initial number of stockholders will be less than three, together with any desired provisions relative to the right to change the number of directors as provided by NRS 78.330.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in is subject to assessment to pay the debts of the corporation. Unless provision is made in the original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock and no stock issued as fully paid up, may ever be assessed, and the articles of incorporation must not be amended in this particular.
7. The name and post office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
κ1987 Statutes of Nevada, Page 83 (CHAPTER 28, SB 6)κ
[The certificate or articles of incorporation may also contain any provisions, not contrary to the laws of this state, which the incorporators choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.]
Sec. 5. NRS 78.300 is hereby amended to read as follows:
78.300 1. The directors of a corporation shall not make dividends or other distributions to stockholders except as provided by this chapter.
2. In case of any willful or grossly negligent violation of the provisions of this section, the directors under whose administration the [same may have happened,] violation occurred, except those who [may have] caused their dissent [therefrom] to be entered upon the minutes of the meeting of the directors at the time, or who not then being present [shall have] caused their dissent [therefrom] to be entered on learning of such action, [shall] are jointly and severally [be] liable, at any time within 3 years after each [such] violation, to the corporation, and, in the event of its dissolution or insolvency, to its creditors at the time of the violation, or any of them, to the lesser of the full amount of the dividend made or of any loss sustained by the corporation by reason of [such] the dividend or other distribution to stockholders.
Sec. 6. NRS 78.751 is hereby amended to read as follows:
78.751 1. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with [such] the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, [shall] does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.
2. A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys fees [,] actually and reasonably incurred by him in connection with the defense or settlement of [such] the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation .
κ1987 Statutes of Nevada, Page 84 (CHAPTER 28, SB 6)κ
action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys fees [,] actually and reasonably incurred by him in connection with the defense or settlement of [such] the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation . [, but no indemnification shall] Indemnification may not be made [in respect of] for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable [for negligence or misconduct in the performance of his duty] to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which [such] the action or suit was brought or other court of competent jurisdiction determines upon application that [, despite the adjudication of liability but] in view of all the circumstances of the case, [such] the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.
3. To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, he [shall] must be indemnified by the corporation against expenses, including attorneys fees, actually and reasonably incurred by him in connection with [such] the defense.
4. Any indemnification under subsections 1 and 2, unless ordered by a court [, shall] or advanced pursuant to subsection 5, must be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances . [because he has met the applicable standard of conduct set forth in subsections 1 and 2. Such determination shall] The determination must be made:
(a) By the stockholders;
(b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to [such] the act, suit or proceeding;
(c) If [such a quorum of disinterested directors] a majority vote of a quorum consisting of directors who were not parties to the act, suit or proceeding so orders, by independent legal counsel in a written opinion; or
(d) If [such a quorum of disinterested directors] a quorum consisting of directors who were not parties to the act, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.
5. [Expenses] The certificate or articles of incorporation, the bylaws or an agreement made by the corporation may provide that the expenses of officers and directors incurred in defending a civil or criminal action, suit or proceeding [may] must be paid by the corporation as they are incurred and in advance of the final disposition of [such] the action, suit or proceeding , [as authorized by the board of directors in the specific case] upon receipt of an undertaking by or on behalf of the director [, officer, employee or agent] or officer to repay [such amount unless] the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the corporation .
κ1987 Statutes of Nevada, Page 85 (CHAPTER 28, SB 6)κ
in advance of the final disposition of [such] the action, suit or proceeding , [as authorized by the board of directors in the specific case] upon receipt of an undertaking by or on behalf of the director [, officer, employee or agent] or officer to repay [such amount unless] the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the corporation . [as authorized in this section.] The provisions of this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.
6. The indemnification [provided by] and advancement of expenses authorized in or ordered by a court pursuant to this section:
(a) Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the certificate or articles of incorporation or any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, [both as to] for either an action in his official capacity [and as to] or an action in another capacity while holding [such office; and
(b) Shall continue as to] his office, except that indemnification, unless ordered by a court pursuant to subsection 2 or for the advancement of expenses made pursuant to subsection 5, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.
(b) Continues for a person who has ceased to be a director, officer, employee or agent and [shall insure] inures to the benefit of the heirs, executors and administrators of such a person.
[7. A corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under the provisions of the section.]
Sec. 7. NRS 41.480 is hereby amended to read as follows:
41.480 [No] 1. A nonprofit corporation, association or organization [shall be] formed under the laws of this state is not immune from liability for the injury or damage caused any person, firm or corporation as a result of the negligent or wrongful act of [such] the nonprofit corporation, association or organization, or its agents, employees or servants acting within the scope of their agency or employment.
2. No action may be brought against an officer, trustee, director or other possessor of the corporate powers of a nonprofit corporation, association or organization formed under the laws of this state based on any act or omission arising from failure in his official capacity to exercise due care regarding the management or operation of the entity unless the act or omission involves intentional misconduct, fraud or a knowing violation of the law.
κ1987 Statutes of Nevada, Page 86 (CHAPTER 28, SB 6)κ
omission involves intentional misconduct, fraud or a knowing violation of the law.
Sec. 8. This act becomes effective upon passage and approval.
________
Senate Bill No. 126Committee on Commerce and Labor
CHAPTER 29
AN ACT relating to mortgage companies; requiring financial statements submitted with applications for renewal of licenses to be prepared by independent public accountants; and providing other matters properly relating thereto.
[Approved March 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the administrator on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The administrator may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The administrator shall require a licensee to deliver a financial statement prepared from his books and records by [a] an independent public accountant who holds a permit to engage in the practice of public accounting in this state which has not been revoked or suspended. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter. The administrator may grant a reasonable extension for the submission of the financial statement if requested before the statement is due.
3. If a licensee maintains any accounts described in subsection 1 of NRS 645B.175, the financial statement submitted pursuant to this section must be audited. If the licensee maintains any accounts described in subsection 3 of NRS 645B.175, those accounts must be audited. The public accountant who prepares the report of an audit shall submit a copy of the report to the administrator at the same time as he submits the report to the company. The administrator shall by regulation prescribe the scope of audits pursuant to this subsection.
4. The filing fees are:
(a) For filing an original application, $1,500 for the principal office and $40 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary.
κ1987 Statutes of Nevada, Page 87 (CHAPTER 29, SB 126)κ
necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by NRS 232.285.
(b) If the license is approved for issuance, $1,000 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500 for the principal office and $100 for each branch office.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
5. Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
________
Assembly Bill No. 15Committee on Commerce
CHAPTER 30
AN ACT relating to financial planning; requiring certain disclosures by a person who charges a fee for advice concerning investment of money; and providing other matters properly relating thereto.
[Approved March 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.412 is hereby amended to read as follows:
598.412 A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly fails to identify goods damaged by water.
2. Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
3. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
4. Fails to make delivery of a product within a reasonable time or to make a refund for the product, if he allows refunds.
5. advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
κ1987 Statutes of Nevada, Page 88 (CHAPTER 30, AB 15)κ
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.
6. Charges a fee for advice with respect to investment of money and fails to disclose:
(a) That he is selling a product and, if he is, its identity; or
(b) That he is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments, or holds any other license related to the service he is providing.
________
Assembly Bill No. 174Assemblyman Thompson
CHAPTER 31
AN ACT relating to the legislature; changing the designation of the security officers; and providing other matters properly relating thereto.
[Approved March 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.6857 is hereby amended to read as follows:
218.6857 [Security officers of the legislature] Legislative police officers of the State of Nevada have the powers of peace officers when carrying out duties prescribed by the legislative commission.
Sec. 2. NRS 481.054 is hereby amended to read as follows:
481.054 The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol who exercise the police powers specified in NRS 481.150 and 481.180;
6. Inspectors employed by the public service commission of Nevada who exercise those enforcement powers conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen and correctional officers of cities and towns;
8. Parole and probation officers;
κ1987 Statutes of Nevada, Page 89 (CHAPTER 31, AB 174)κ
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University of Nevada System;
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
20. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. [Security officers of the legislature] Legislative police officers of the State of Nevada.
24. Police officers of the buildings and grounds division of the department of general services;
25. Group supervisors of the Nevada girls training center and the Nevada youth training center;
26. Parole counselors of the youth services division of the department of human resources;
27. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada;
κ1987 Statutes of Nevada, Page 90 (CHAPTER 31, AB 174)κ
28. Field investigators of the taxicab authority; and
29. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
________
Assembly Bill No. 125Committee on Judiciary
CHAPTER 32
AN ACT relating to gaming; repealing prospective changes to provisions governing the calculation of the gross revenue of a gaming licensee; and providing other matters properly relating thereto.
[Approved March 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 655, Statutes of Nevada 1985, at page 2147, is hereby amended to read as follows:
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.]
Sec. 2. Sections 3 and 4 of chapter 655, Statutes of Nevada 1985, at page 2146, are hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 158Senators Raggio and Gibson
CHAPTER 33
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved March 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $2,500,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 91κ
Senate Bill No. 17Committee on Commerce and Labor
CHAPTER 34
AN ACT relating to indigent persons; making the temporary tax for medical assistance to indigent persons permanent; and providing other matters properly relating thereto.
[Approved March 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of chapter 629, Statutes of Nevada 1985, at page 2036, is hereby amended to read as follows:
Sec. 16. This act becomes effective upon passage and approval [and expires by limitation on June 30, 1987.]
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 113Committee on Judiciary
CHAPTER 35
AN ACT relating to criminal proceedings; authorizing the use of a telegraphic copy or abstract of a governors warrant of arrest for extradition; and providing other matters properly relating thereto.
[Approved March 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.191 is hereby amended to read as follows:
179.191 1. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which [shall] must be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
2. A telegraphic copy or an abstract of the governors warrant may be sent by telegraph, teletype or any other electronic device to the person entrusted with the execution of the warrant. The copy or abstract is as effectual as the original warrant issued by the governor.
3. The person who causes a telegraphic copy or abstract of the governors warrant to be sent must certify as correct, and file in the telegraphic office from which the copy or abstract is sent, a copy of the warrant, and must return the original with a statement of his actions under the warrant.
________
κ1987 Statutes of Nevada, Page 92κ
Assembly Bill No. 221Committee on Judiciary
CHAPTER 36
AN ACT relating to the Uniform Commercial Code; clarifying the definition of account; and providing other matters properly relating thereto.
[Approved March 25, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.9106 is hereby amended to read as follows:
104.9106 1. Account means any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper, whether or not it has been earned by performance.
2. General intangibles means any personal property (including things in action) other than goods, accounts, chattel paper, documents, instruments and money.
3. All rights to payment earned or unearned under a charter or other contract involving the use or hire of a vessel and all rights incident to the charter or contract are accounts.
________
Assembly Bill No. 175Assemblymen Banner, Thompson, Nevin, Kerns, Jeffrey, Garner, Carpenter, Wisdom, Fay, Bergevin, Tebbs and Wendell Williams
CHAPTER 37
AN ACT relating to industrial insurance; authorizing an appeals officer to request a medical or chiropractic examination of the claimant under certain circumstances; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.5426 is hereby amended to read as follows:
616.5426 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under [the Nevada Administrative Procedure Act] chapter 233B of NRS apply to the hearing.
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3. If necessary to resolve a medical question concerning an injured employees condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a physician designated by the administrator.
κ1987 Statutes of Nevada, Page 93 (CHAPTER 37, AB 175)κ
may refer the employee to a physician designated by the administrator. The insurer shall pay the costs of any examination requested by the appeals officer.
4. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the [7th] seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
[4.] 5. The appeals officer shall render his decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
[5.] 6. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision.
________
Assembly Bill No. 39Committee on Natural Resources, Agriculture and Mining
CHAPTER 38
AN ACT relating to irrigation districts; authorizing the donation of land to the state; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 539.217 is hereby amended to read as follows:
539.217 1. Any [irrigation district] lands bought [in by the] by an irrigation district at a [delinquent tax] sale for the payment of delinquent taxes or lands otherwise acquired by the district which are not required for [district] the purposes of the district may be donated to the state or conveyed to any purchaser upon such terms as the board of directors, by unanimous vote, [shall deem for] deems to be in the best interests of the district . [; and where]
2. If there is an adequate [water] supply of water available for the [nondelinquent land,] land upon which no assessment, tax, charge or toll is owed, the board of directors may make any desired disposition of the water right appurtenant to [such district-owned lands.] that land.
________
κ1987 Statutes of Nevada, Page 94κ
Assembly Bill No. 198Committee on Natural Resources, Agriculture and Mining
CHAPTER 39
AN ACT relating to pesticides; correcting an inaccurate reference to the agency of the Federal Government which prescribes standards for the regulation of pesticides; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 586.330 is hereby amended to read as follows:
586.330 [In order to] To avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with [such] diverse requirements in the manufacture and sale of [such] pesticides, it is desirable that there [should] be uniformity between the requirements of the several states and the Federal Government relating to pesticides. To this end the executive director is authorized, after [due] a public hearing, to adopt [by regulation] such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed [in] by the United States [Department of Agriculture] Environmental Protection Agency with respect to pesticides.
________
Assembly Bill No. 34Committee on Judiciary
CHAPTER 40
AN ACT relating to civil liability; limiting certain causes of action against the state or any of its agencies or political subdivisions brought by persons who commit certain crimes; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in section 3 of this act, no action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions for injury, wrongful death or other damage sustained in or on a public building or public vehicle by a person who was engaged in any criminal act proscribed in NRS 202.810, 205.005 to 205.080, inclusive, 205.220, 205.225, 205.235, 205.240, 205.245, 205.271 to 205.2741, inclusive, 206.310, 207.210, 331.200, or 393.070, at the time the injury, wrongful death or damage was caused.
κ1987 Statutes of Nevada, Page 95 (CHAPTER 40, AB 34)κ
207.210, 331.200, or 393.070, at the time the injury, wrongful death or damage was caused.
2. As used in this section:
(a) Public building includes every house, shed, tent or booth, whether or not completed, suitable for affording shelter for any human being or as a place where any property is or will be kept for use, sale or deposit, and the grounds appurtenant thereto; and
(b) Public vehicle includes every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, waterway or airway,
owned, in whole or in part, possessed, used by or leased to the state or any of its agencies or political subdivisions.
Sec. 3. Section 2 of this act does not apply to any action for injury, wrongful death or other damage:
1. Intentionally caused or contributed to by an officer or employee of the state or any of its agencies or political subdivisions; or
2. Resulting from the deprivation of any rights, privileges or immunities secured by the United States Constitution or the constitution of the State of Nevada.
Sec. 4. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.031 to 41.039, inclusive, and sections 2 and 3 of this act, the term political subdivision includes a fire district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
Sec. 5. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.031 to 41.039, inclusive, [public] and sections 2 and 3 of this act:
1. Employee includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
2. Public officer or officer includes:
[1.] (a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law. [Employee includes an employee of any such board, commission or similar body.
2.] (b) A public defender and any deputy or assistant attorney of a public defender.
Sec. 6. NRS 41.031 is hereby amended to read as follows:
41.031 1. The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, sections 2 and 3 of this act, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive, sections 2 and 3 of this act, or the limitations of NRS 41.010. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the state, and their liability [shall] must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, sections 2 and 3 of this act, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive [.]
κ1987 Statutes of Nevada, Page 96 (CHAPTER 40, AB 34)κ
action of all political subdivisions of the state, and their liability [shall] must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, sections 2 and 3 of this act, and subsection 3 of this section, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive [.] , and sections 2 and 3 of this act.
2. An action may be brought under this section, in a court of competent jurisdiction of this state, against the State of Nevada, any agency of the state, or any political subdivision of the state. In an action against the state or any agency of the state, the State of Nevada [shall] must be named as defendant, and the summons and a copy of the complaint [shall] must be served upon the secretary of state. The secretary of state shall deliver a copy of the complaint to the risk management division of the department of administration.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
Sec. 7. NRS 41.039 is hereby amended to read as follows:
41.039 An action which is based on the conduct of any employee or appointed or elected officer of a political subdivision of the State of Nevada while in the course of his employment or in the performance of his official duties may not be filed against [such] the employee or officer unless, [prior to] before the filing of the complaint in such an action, a valid claim has been filed, pursuant to NRS 41.031 to 41.038, inclusive, and sections 2 and 3 of this act, against the political subdivision for which [such] the employee or officer was authorized to act.
Sec. 8. NRS 280.280 is hereby amended to read as follows:
280.280 1. Upon the formation of a department, every power and duty conferred or imposed by law upon a county sheriff which relates to law enforcement, and upon a chief of police or police department of any participating city, devolves automatically upon the department. After the formation of a department, contracts to furnish police services must be made with the department and not with a participating political subdivision.
2. The department may, upon the approval of the committee and in compliance with chapter 332 of NRS, enter into contracts to purchase goods and services necessary to operate and maintain the department.
3. The department may sue or be sued in its own name with respect to any contract it is permitted by law to enter.
4. The department is responsible for the defense of any claim and for any judgment arising out of any act or omission to act on the part of the committee, the sheriff, or any officer, employee or agent of the department, for which a political subdivision of the state may be held responsible pursuant to NRS 41.0305 to 41.039, inclusive [.] , and sections 2 and 3 of this act. The department may sue or be sued with regard to these matters.
5. The department may:
(a) Insure itself against any liability arising under subsection 4.
(b) Insure the members of the committee, the sheriff, and any of its officers, employees and agents against tort liability resulting from an act or an omission to act in the scope of his duties or employment.
κ1987 Statutes of Nevada, Page 97 (CHAPTER 40, AB 34)κ
(c) Insure against the expense of defending a claim against itself, the committee, the sheriff or any of its officers, employees or agents whether or not liability exists on the claim.
Sec. 9. NRS 386.470 is hereby amended to read as follows:
386.470 Any liability or action against the association [shall] must be determined in the same manner and with the same limitations and conditions as provided in NRS 41.031 to 41.039, inclusive [.] , and sections 2 and 3 of this act. To this extent, the association shall be deemed a political subdivision of the state.
________
Assembly Bill No. 101Assemblyman Banner
CHAPTER 41
AN ACT relating to certificates of marriage; prohibiting the sale for profit of a copy of such a certificate; providing a penalty; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 440 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any person who sells or offers to sell for a profit a copy of a certificate of marriage issued by a county recorder is guilty of a misdemeanor. Each sale or offer to sell such a certificate constitutes a separate violation of this section. This section does not apply to fees charged by a county recorder.
Sec. 3. 1. Any person who violates or proposes to violate section 2 of this act may be enjoined by any court of competent jurisdiction.
2. Actions for injunction under this section may be prosecuted:
(a) By the attorney general or any district attorney in this state; or
(b) Upon the complaint of the state registrar or any county recorder.
________
κ1987 Statutes of Nevada, Page 98κ
Assembly Bill No. 220Committee on Judiciary
CHAPTER 42
AN ACT relating to statutory liens; including within certain liens an allowance for overhead and a profit; limiting the requirement of notice for certain liens to the holders of certain interests in the real property or improvements thereon; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 108.222 is hereby amended to read as follows:
108.222 1. Every person who performs labor upon or furnishes material of the value of $50 or more, to be used in the construction, alteration or repair of any building, or other superstructure, railway, tramway, toll road, canal, water ditch, flume, aqueduct or reservoir, [building,] bridge, fence or any other structure has a lien upon [such] the premises and [the buildings, structures and improvements] any building, structure and improvement thereon for [work or labor done] :
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or
(b) In absence of a contract, an amount equal to the fair market value of, the labor performed or material furnished or rented, as the case may be, by each respectively, including a reasonable allowance for overhead and a profit, whether [done] performed or furnished at the instance of the owner of the building or other improvement, or at the instance of his agent.
2. All miners, laborers and others who [work or] perform labor to the amount of $50 or more in or upon any mine, or upon any shaft, tunnel, adit or other excavation, designed or used [or the purpose of prospecting, draining or working any such] to prospect, drain or work the mine, and all persons who furnish any timber or other material, of the value of $50 or more, to be used in or about [any such] a mine, whether [done] performed or furnished at the instance of the owner of [such] the mine or his agent, [shall] have, and may each respectively claim and hold, a lien upon [such] that mine for [the amount and value of the work or] :
(a) If the parties entered into a contract, the unpaid balance of the price agreed upon for; or
(b) In absence of a contract, an amount equal to the fair market value of, the labor so performed [,] or material furnished [.] , including a reasonable allowance for overhead and a profit.
3. Every contractor, subcontractor, architect, builder or other person having charge or control of any mining claim, or any part thereof, or of the construction, alteration or repair, either in whole or in part, of any building or other improvement, as these terms are used in subsection 1, shall be held to be the agent of the owner, for the purposes of NRS 108.221 to 108.246, inclusive.
κ1987 Statutes of Nevada, Page 99 (CHAPTER 42, AB 220)κ
Sec. 2. NRS 108.227 is hereby amended to read as follows:
108.227 1. In addition to the requirements of NRS 108.226, a copy of the claim [shall] must be served upon the record owner of the property within 30 days [,] after recording the notice of lien, in one of the following ways:
(a) By delivering a copy to the record owner personally;
(b) If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place [, and sending a copy through the mail] and mailing a copy addressed to the record owner at his place of residence or place of business; or
(c) If [such] his place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, [then by fixing] by:
(1) Fixing a copy in a conspicuous place on the property [, and also delivering] ;
(2) Delivering a copy to a person there residing, if such a person can be found [, and also sending a copy through the mail] ; and
(3) Mailing a copy addressed to the record owner at the place where the property is situated.
2. Failure to serve a copy of the claim upon a particular record owner does not invalidate a claim based on a valid service upon another record owner.
3. As used in this section, record owner means any person who [or any corporation or association which] holds an interest in real [estate or the improvements] property or any improvement thereon evidenced by a conveyance or other instrument which transfers that interest to him and is recorded in the office of the county recorder of the county in which [such] the real property is located [. Failure to serve a copy of the claim upon any person who or corporation or association which holds an interest in the real estate or improvements does not invalidate a claim based upon a valid service upon any other person who or corporation or association which holds an interest in the real estate or improvements.] , but does not include:
(a) A mortgagee;
(b) A trustee under, or a beneficiary of, a deed of trust; or
(c) The owner or holder of a lien encumbering real property or any improvement thereon.
________
κ1987 Statutes of Nevada, Page 100κ
Assembly Bill No. 99Committee on Ways and Means
CHAPTER 43
AN ACT making supplemental appropriations for the Southern Nevada Childrens Home Bureau, the Nevada Girls Training Center Bureau, the Labor Commissioner and the Department of Museums and History; and providing other matters properly relating thereto.
[Approved March 26, 1987]
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 Southern Nevada Childrens Home Bureau of the Youth Services Division of the Department of Human Resources the sum of $6,000 for utility expenses. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 2. There is hereby appropriated from the state general fund to the Nevada Girls Training Center Bureau of the Youth Services Division of the Department of Human Resources the sum of $23,433 for utility expenses. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 3. There is hereby appropriated from the state general fund to the Nevada Girls Training Center Bureau of the Youth Services Division of the Department of Human Resources the sum of $112,880 for additional staff. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 4. There is hereby appropriated from the state general fund to the Labor Commissioner the sum of $5,504 for rent for office space. This appropriation is supplemental to that made by section 37 of chapter 525, Statutes of Nevada 1985, at page 1589.
Sec. 5. There is hereby appropriated from the state general fund to the Department of Museums and History the sum of $14,268 for utility expenses of the Nevada museum and historical society. This appropriation is supplemental to that made by section 28 of chapter 525, Statutes of Nevada 1985, at page 1585.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 101κ
Assembly Bill No. 140Committee on Government Affairs
CHAPTER 44
AN ACT relating to state purchasing; raising the minimum requirement for formal bids and local purchases; expanding the duties of the chief of the purchasing division of the department of general services; and providing other matters properly relating thereto.
[Approved March 26, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate scheme for identification of all such property and equipment.
(c) Cause adequate records of that equipment and property to be maintained.
(d) Determine which items of property and equipment must be listed by each using agency pursuant to subsection 4, except that any item which had an original cost of $500 or more and which has a useful life of more than 2 years must be included on the list.
2. Each using agency shall submit a list on or before the last day of each month to the purchasing division and the department of administration of all equipment for which it is responsible which was lost, stolen, exchanged or deemed excess within the previous month. The list must be prepared by the officer entrusted with custody of the equipment and be approved by the officers supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.
3. The chief may transfer [tools, implements,] any tool, implement, machinery or other equipment in the possession of any using agency, when that equipment is not necessary for the use of the agency, to such other agency or agencies as may have need [therefor.] for it.
4. The records of property and equipment of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between those officers. Each using agency shall conduct an annual physical court of all property and equipment charged to it and shall reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.
5. The regulations of the chief must prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Except as otherwise provided in subsection 6, the regulations must provide that no property may be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over [$500] $1,000 may be sold except through notice published in a newspaper circulated in the area in which the sale is made.
κ1987 Statutes of Nevada, Page 102 (CHAPTER 44, AB 140)κ
an appraised value over [$500] $1,000 may be sold except through notice published in a newspaper circulated in the area in which the sale is made.
6. Before accepting other bids, the chief shall offer used vehicles of the highway patrol [vehicles] to the office of the sheriff of each county and to police departments of each city in the state and shall sell the vehicles to the highest bidder, if any, from those offices or departments. Bids and acceptance thereof must be made in accordance with regulations established by the chief.
Sec. 2. NRS 333.300 is hereby amended to read as follows:
333.300 1. The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof exceeds [$2,500, shall] $7,500, must be purchased by formal contract from the lowest responsible bidder after due notice inviting the submission of sealed proposals to the chief of the purchasing division at the date, hour and location set forth in the proposal , [form,] and at that date, hour and location the proposals [shall] must be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. The notice [shall] must be published as outlined in NRS 333.310.
3. In case of emergencies [due to] caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief , [;] but every effort [should] must be made to secure the maximum competitive bidding under the circumstances . [, and in] In no case [shall] may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
4. In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall:
(a) If [such] the lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.
(b) If [such] the lowest bids are by bidders resident outside Nevada:
(1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or
(2) Accept the proposal of the bidder who will furnish goods or commodities supplies by a dealer resident in Nevada.
Sec. 3. NRS 333.390 is hereby amended to read as follows:
333.390 1. The chief may authorize local purchasing by using agencies, in accordance with the rules [and specifications,] of procedure, of individual orders for items not scheduled for quantity purchasing, not to exceed [$1,000] $2,500 for each order, except for the repair [and replacement parts for heavy] , replacement and installation of parts for:
κ1987 Statutes of Nevada, Page 103 (CHAPTER 44, AB 140)κ
(a) Automobiles and light trucks, not to exceed $5,000; and
(b) Heavy equipment, not to exceed $15,000,
for each order, at no higher prices than specified in the orders authorizing the local purchasing. Such [local] purchasing may be authorized where perishable articles are involved and to meet other emergency requirements.
2. The prices on [such] the local purchases must be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.
3. Each authorization must:
(a) Be revocable.
(b) Specify the limit of spending for individual orders not to exceed [$1,000] $2,500, except for the repair , [and] replacement and installation of parts referred to in subsection 1.
(c) Specify the articles to be purchased.
(d) Be operative for a period not exceeding 1 year [from] after the date of issue.
4. Using agencies receiving an authorization shall keep a record of their accounts and expenditures under that authority, accompanied by evidence, indicating that every effort has been made to secure competitive bidding to the extent practicable.
________
Assembly Bill No. 222Assemblymen Kerns, Porter, Carpenter, Nicholas, Brookman, Nevin, May, Garner, Wisdom, Tebbs, Fay, Craddock, Thomas, McGaughey, DuBois, Evans, Spriggs, Bergevin, Getto, Banner, Callister, Spinello, Myrna Williams, Arberry, Wendell Williams, Triggs, Humke, Dini and Marvel
CHAPTER 45
AN ACT relating to justices courts; providing limited jurisdiction for enforcement of statutory liens of owners of facilities for storage; and providing other matters properly relating thereto.
[Approved March 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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 $2,500.
(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 $2,500.
κ1987 Statutes of Nevada, Page 104 (CHAPTER 45, AB 222)κ
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 $2,500.
(c) Except as provided in paragraph [(k)] (l) in actions for a fine, penalty or forfeiture not exceeding $2,500, 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 $2,500, 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 $2,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $2,500.
(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 $2,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $2,500.
(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 $2,500.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $2,500.
(l) In actions for a fine imposed for a violation of NRS 484.757.
[l] (m) To issue a temporary or extended order for protection against domestic violence.
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, 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.
κ1987 Statutes of Nevada, Page 105 (CHAPTER 45, AB 222)κ
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.
________
Assembly Bill No. 210Assemblymen Brookman, Banner, May, Fay, Myrna Williams, Wisdom, Porter, Freeman, Kissam, Arberry, Nicholas, Sedway, Tebbs and Callister
CHAPTER 46
AN ACT making a supplemental appropriation to the Aging Services Division of the Department of Human Resources; and providing other matters properly relating thereto.
[Approved March 27, 1987]
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 Aging Services Division of the Department of Human Resources the sum of $15,386 for office rent and telephone expenses. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 145Committee on Finance
CHAPTER 47
AN ACT relating to projects of capital improvements; authorizing the state public works board to use money previously appropriated for a mental health facility to redesign that facility for the purpose of increasing its capacity; and providing other matters properly relating thereto.
[Approved March 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state public works board may expand the scope of project 85-42 and use money appropriated and authorized for that project by section 1 of chapter 509, Statutes of Nevada 1985, at page 1556, to provide for any architectural, engineering or other services which are required to redesign the mental health facility for the purpose of increasing the capacity of the facility as originally proposed by the department of human resources and approved by the legislature.
κ1987 Statutes of Nevada, Page 106 (CHAPTER 47, SB 145)κ
facility as originally proposed by the department of human resources and approved by the legislature.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 117Senator Vergiels
CHAPTER 48
AN ACT making supplemental appropriations to the Childrens Health Services and the Bureau of Community Health Services of the Health Division of the Department of Human Resources; and providing other matters properly relating thereto.
[Approved March 27, 1987]
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 Childrens Health Services of the Health Division of the Department of Human Resources the sum of $397,000 for the purpose of meeting all medical claims incurred during the current fiscal year. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 2. There is hereby appropriated from the state general fund to the Bureau of Community Health Services of the Health Division of the Department of Human Resources the sum of $71,923 for occupational group reclassification costs. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1586.
Sec. 3. There is hereby appropriated from the state general fund to the Bureau of Community Health Services of the Health Division of the Department of Human Resources the sum of $259 for retroactive reclassification costs. This appropriation is supplemental to that made by section 31 of chapter 453, Statutes of Nevada 1983, at page 1181.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 107κ
Assembly Bill No. 22Committee on Taxation
CHAPTER 49
AN ACT relating to public employees retirement; including property that is subject to use tax in the formula for calculating increases in rates of contribution to the public employees retirement fund and the police and firemens retirement fund; and providing other matters properly relating thereto.
[Approved March 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.465 is hereby amended to read as follows:
286.465 1. Except as limited by subsection 2, if the increase in taxable revenue for a particular year as compared to 1983 is:
(a) At least 10 percent but less than 15 percent, the total rate of contribution to both the public employees retirement fund and the police and firemens retirement fund increases above the rate for 1983 by 1 percent of compensation.
(b) At least 15 percent but less than 17.5 percent, the rate increases above the rate for 1983 by 2 percent of compensation.
The rate of contribution further increases by 1 percent of compensation for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983. Any increase pursuant to this section is effective on July 1 of the year following the year which is compared to 1983.
2. Rates of contribution must not increase:
(a) More than 1 percent per year.
(b) Beyond the level which is actuarially computed to be sufficient to pay for the allowances and benefits provided by this chapter.
3. The number of percent by which the rate would increase but for the limitation prescribed by paragraph (a) of subsection 2 must be accumulated and applied in the next succeeding years in which the rate would not otherwise be increased pursuant to subsection 1, subject to the limitations in subsection 2.
4. As used in this section, increase in taxable revenue for a particular year as compared to 1983 means the percentage by which the sum of taxable [retail] :
(a) Retail sales ;
(b) Storage, use or consumption of tangible personal property; and [gross]
(c) Gross revenue of gaming licensees ,
for that calendar year exceeds [the sum of such sales and revenue] that sum for the calendar year 1983, excluding sales , storage, use, consumption and revenue which are taxed because the scope of the tax was expanded after 1983.
κ1987 Statutes of Nevada, Page 108 (CHAPTER 49, AB 22)κ
5. Each year the department of administration shall determine and the legislative auditor shall verify the increase in taxable revenue for that year as compared to 1983.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 4Senators Jacobsen and Townsend
CHAPTER 50
AN ACT making an appropriation to the legislative fund for the expenses involved in serving as the host to a meeting of the National Conference of State Legislatures; and providing other matters properly relating thereto.
[Approved March 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $150,000 for the expenses involved in hosting the meeting of the National Conference of State Legislatures in Reno, Nevada, in July 1988.
Sec. 2. The director of the legislative counsel bureau shall deposit the money appropriated pursuant to section 1 of this act and all other money which he receives in connection with the meeting in the special account for intergovernmental activities created pursuant to NRS 218.641. The money in the account may be expended to pay the expenses of the meeting.
Sec. 3. The legislative commission shall establish guidelines and provide for the approval of expenditures to be made from the special account for intergovernmental activities to pay the expenses of legislators, employees of the legislative counsel bureau and any other person performing duties related to the meeting.
Sec. 4. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after September 30, 1988, and reverts to the state general fund as soon as all payments of money committed have been made.
________
κ1987 Statutes of Nevada, Page 109κ
Senate Bill No. 108Committee on Finance
CHAPTER 51
AN ACT making supplemental appropriations to the Director and Financial Institutions Division of the Department of Commerce; and providing other matters properly relating thereto.
[Approved March 30, 1987]
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 Director of the Department of Commerce the sum of $6,192 for the payment of legal expenses. This appropriation is supplemental to that made by section 36 of chapter 525, Statutes of Nevada 1985, at page 1589.
Sec. 2. There is hereby appropriated from the state general fund to the Financial Institutions Division of the Department of Commerce the sum of $6,000 for the payment of unanticipated operating expenses resulting from a delayed move into new offices. This appropriation is supplemental to that made by section 36 of chapter 525, Statutes of Nevada 1985, at page 1589.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 139Committee on Government Affairs
CHAPTER 52
AN ACT relating to officers of local governments; repealing obsolete provisions relating to public administrators and county recorders; and providing other matters properly relating thereto.
[Approved March 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.370 is hereby amended to read as follows:
247.370 Any county recorder who [shall violate] violates any of the provisions of NRS 247.340 [, 247.350 and 247.360] or 247.350 shall be fined not more than $1,000.
Sec. 2. NRS 253.110 is hereby amended to read as follows:
253.110 No public administrator [shall] may be:
1. Interested in [anywise in] any expenditures of any kind, made on account of any estate of a deceased person [upon] which he is administering, [save] except as necessarily made in the [due] course of [such] the administration.
κ1987 Statutes of Nevada, Page 110 (CHAPTER 52, SB 139)κ
2. Associated in business with anyone so interested . [, and he shall state in his semiannual reports, as required by NRS 253.100, that he has not been so interested or associated.]
Sec. 3. NRS 247.360 and 253.100 are hereby repealed.
________
Senate Bill No. 85Senators Wagner, Beyer, Coffin, Gibson, Hickey, Horn, Jacobsen, Joerg, Jones, Malone, Mello, Neal, OConnell, ODonnell, Raggio, Rawson, Redelsperger, Rhoads, Shaffer, Townsend and Vergiels
CHAPTER 53
AN ACT relating to elections; requiring the inclusion on sample ballots and publications of the secretary of state of a fiscal note for statewide measures and constitutional amendments; authorizing payment from the reserve for statutory contingency fund to reimburse counties for the costs of cards used in elections; and providing other matters properly relating thereto.
[Approved March 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
(b) The procedure to be followed when a computer is used to register voters and to keep records of registration.
2. He shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
3. He shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voters choice.
4. The fiscal note for and explanation of each proposed constitutional amendment or statewide measure, including arguments for and against it, must be included on all sample ballots.
κ1987 Statutes of Nevada, Page 111 (CHAPTER 53, SB 85)κ
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the secretary of state, upon consultation with the attorney general. They must be in easily understood language and of reasonable length, and whenever feasible must be completed by April 1 of the year in which the general election is to be held.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of such township or district.
7. County clerks may divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
Sec. 2. NRS 293.253 is hereby amended to read as follows:
293.253 1. The secretary of state shall provide each county clerk with copies of any proposed constitution, constitutional amendment or statewide measure which will appear on the general election ballot, together with the copies of the condensations , [and] explanations and fiscal notes prepared pursuant to NRS 218.443 and 293.250 [.] and section 5 of this act.
2. Whenever feasible, he shall provide these copies on or before the 1st Monday in August of the year in which the proposals will appear on the ballot. Copies of any additional proposals must be provided as soon after their filing as feasible.
3. Each county clerk shall cause a copy of the full text of any such constitution, amendment or measure and its condensation , [and] explanation , including arguments for and against it, and fiscal note to be published, in conspicuous display advertising format of not less than 10 column inches, in a newspaper of general circulation in the county three times at intervals of not less than 7 days, the first publication to be on or before the 1st Monday in October. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. When a copy is furnished by the secretary of state too late to be published at 7-day intervals, it must be published three times at the longest intervals feasible in each county.
5. The portion of the cost of publication which is attributable to publishing the questions , [and] explanations and fiscal notes of proposed constitutions, constitutional amendments or statewide measures is a charge against the state and must be paid from the reserve for statutory contingency fund upon recommendation by the secretary of state and approval by the state board of examiners.
Sec. 3. NRS 293B.205 is hereby amended to read as follows:
293B.205 1. The officers charged with the duty of providing ballots for any polling place shall provide the polling place with two sample ballots, which must be arranged in the form of:
(a) A booklet or full sheet of paper printed to display a facsimile of the page or several pages which constitute the list of offices and candidates and the statements of measures to be voted on which will be in use at that election; or
κ1987 Statutes of Nevada, Page 112 (CHAPTER 53, SB 85)κ
the statements of measures to be voted on which will be in use at that election; or
(b) A diagram showing that part of the face of the mechanical recording device which will be used at that election containing the list of offices and candidates and the statements of measures to be voted on.
2. [Each sample ballot must contain the full text] The fiscal note for, as provided pursuant to section 5 of this act, and explanation of each proposed constitutional amendment [and question to be voted on.] or statewide measure, including arguments for and against it, must be included on all sample ballots.
Sec. 4. NRS 293B.210 is hereby amended to read as follows:
293B.210 1. If a mechanical voting system is used whereby a vote is cast by punching a card, the clerk shall furnish sufficient lists of offices and candidates and the statements of measures to be voted on for the mechanical recording devices used at any election.
2. The secretary of state shall provide to or reimburse each county for all cards used in each primary or general election. Any reimbursement must be paid from the reserve for statutory contingency fund upon recommendation by the secretary of state and approval by the state board of examiners.
Sec. 5. Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The legislative commission shall review each fiscal note prepared by the fiscal analysis division for each proposed constitutional amendment or statewide measure and approve such changes as it deems necessary.
2. The fiscal analysis division shall provide the secretary of state with the fiscal notes on or before April 1 of the year in which the general election is to be held.
Sec. 6. NRS 353.264 is hereby amended to read as follows:
353.264 1. The reserve for statutory contingency fund is hereby created as a trust fund.
2. The state board of examiners shall administer the reserve for statutory contingency fund, and the money in the fund may be expended only for:
(a) The payment of claims which are obligations of the state under NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 293B.210, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the state under:
(1) Chapter 472 of NRS arising from operations of the division of forestry directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176.223, 177.345, 178.465, 179.225 and 213.153,
but the claims must be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted; and
κ1987 Statutes of Nevada, Page 113 (CHAPTER 53, SB 85)κ
(c) The payment of claims which are obligations of the state under NRS 41.0349 and 41.037, but only to the extent that the money in the trust fund for insurance premiums is insufficient to pay the claims.
________
Assembly Bill No. 36Committee on Judiciary
CHAPTER 54
AN ACT relating to public administrators; increasing the duties of a public administrator in a county whose population is 100,000 or more but less than 250,000; providing an annual salary; and providing other matters properly relating thereto.
[Approved April 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1987 Statutes of Nevada, Page 114 (CHAPTER 54, AB 36)κ
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ANNUAL SALARIES |
|||||||||
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Class |
County |
County Commis- sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
1 |
Clark.................. |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
2 |
Washoe............ |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
3 |
Carson City...... |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Churchill........... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Douglas............ |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
|
Elko................... |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
------- |
|
|
Humboldt......... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
Lyon................. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
|
Nye................... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
White Pine....... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
4 |
Lander.............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Lincoln............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Mineral............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
|
Pershing........... |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
5 |
Esmeralda......... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Eureka............... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
|
Storey............... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
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κ1987 Statutes of Nevada, Page 115 (CHAPTER 54, AB 36)κ
Sec. 2. NRS 245.044 is hereby amended to read as follows:
245.044 1. On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he is entitled to an additional salary of 1 percent of his base salary provided in NRS 245.043 [or 253.043] for each full calendar year he has served in his office. The additional salary provided in this section must not exceed 20 percent of the base salary provided in NRS 245.043 . [or 253.043.]
2. Payment for longevity under the provisions of this section must be computed on the basis of full calendar years of service and only at the beginning of a term of office.
3. Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the 1st Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.
Sec. 3. NRS 253.041 is hereby amended to read as follows:
253.041 NRS 253.0415 to 253.0435, inclusive, apply to [counties having a population of 250,000] a county whose population is 100,000 or more.
Sec. 4. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS [253.043.] 245.043.
2. The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the recorder of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
3. The public administrator is entitled to compensation by the court for the reasonable value of his services performed in preserving the personal property of an estate of a deceased person before the appointment of an administrator.
Sec. 5. Section 1 of Assembly Bill No. 87 of this session is hereby amended to read as follows:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.
κ1987 Statutes of Nevada, Page 116 (CHAPTER 54, AB 36)κ
|
ANNUAL SALARIES |
|||||||||
|
Class |
County |
County Commis- sioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
Public Administrator |
|
1 |
Clark.................. |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
|
2 |
Washoe............ |
20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
42,800 |
|
3 |
Carson City...... |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
[35,700 |
-------] |
------- |
|
|
|
|
|
|
|
|
------- |
35,700 |
------- |
|
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Churchill........... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
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Douglas............ |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
------- |
|
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Elko................... |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
------- |
|
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Humboldt......... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
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Lyon.................. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
------- |
|
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Nye.................... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
|
White Pine....... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
------- |
|
4 |
Lander............... |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
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Lincoln.............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
------- |
|
|
Mineral............. |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
|
Pershing........... |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
------- |
|
5 |
Esmeralda......... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
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Eureka............... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
|
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Storey............... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
------- |
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κ1987 Statutes of Nevada, Page 117 (CHAPTER 54, AB 36)κ
Sec. 6. Section 5 of Assembly Bill No. 87 of this session is hereby amended to read as follows:
Sec. 5. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.
2. The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the [recorder] clerk of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.
3. The public administrator is entitled to compensation by the court for the reasonable value of his services performed in preserving the personal property of an estate of a deceased person before the appointment of an administrator.
Sec. 7. NRS 253.043 is hereby repealed.
Sec. 8. This act becomes effective on May 11, 1987.
________
Assembly Bill No. 11Committee on Commerce
CHAPTER 55
AN ACT relating to real estate brokers and salesmen; permitting the holder of an inactive license to be licensed as an escrow agent or agency; and providing other matters properly relating thereto.
[Approved April 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645A.020 is hereby amended to read as follows:
645A.020 1. A person who wishes to be licensed as an escrow agent or agency must file a written application in the office of the administrator.
2. The application must:
(a) Be verified.
(b) State the location of the applicants principal office and branch offices in the state and residence address.
(c) State the name under which the applicant will conduct business.
(d) List the names, residence and business addresses of all persons having an interest in the business as principals, partners, officers, trustees or directors, specifying the capacity and title of each.
(e) Indicate the general plan and character of the business.
(f) State the length of time the applicant has been engaged in the escrow business.
(g) Require a financial statement of the applicant.
κ1987 Statutes of Nevada, Page 118 (CHAPTER 55, AB 11)κ
(h) Require such other information as the administrator determines necessary.
(i) If for an escrow agency, designate a natural person to receive service of process in this state for the agency.
3. If the administrator determines, after investigation, that the experience, character, financial condition, business reputation and general fitness of the applicant are such as to command the confidence of the public and to warrant the belief that the business conducted will protect and safeguard the public, he shall issue a license to the applicant as an escrow agent or agency.
4. An escrow agent or agency shall immediately notify the division of any material change in the information contained in the application.
5. No person may be licensed as an escrow agent or agency or be a principal officer, director or trustee of an escrow agency if he is [a] the holder of [a] :
(a) An active license issued pursuant to chapter 645 [or] of NRS; or
(b) A license issued pursuant to chapter 645B of NRS.
________
Senate Bill No. 70Committee on Commerce and Labor
CHAPTER 56
AN ACT relating to insurance; broadening the circumstances under which a policy of group life insurance may be delivered or issued for delivery to certain groups; and providing other matters properly relating thereto.
[Approved April 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 688B.030 is hereby amended to read as follows:
688B.030 1. [No life insurance policy shall be delivered or issued for delivery in this state insuring the lives of more than one individual unless it is:
(a) On a group formed for a purpose other than that of obtaining insurance; and
(b) In compliance with the other applicable provisions of this chapter.
2. Subsection 1 does] Except as otherwise provided in this section, no policy of group life insurance may be delivered or issued for delivery in this state to a group which was formed for the purpose of purchasing one or more policies of group life insurance.
2. A policy of group life insurance may be delivered to a group described in subsection 1 if the commissioner approves the issuance. The commissioner must not grant his approval unless he finds that:
(a) The benefits of the policy are reasonable in relation to the premiums charged; and
κ1987 Statutes of Nevada, Page 119 (CHAPTER 56, SB 70)κ
(b) The group to which the policy is issued is organized and operated in a fiscally sound manner.
3. The provisions of subsection 1 do not apply to [life insurance policies insuring only individuals:
(a) Related] a policy of group life insurance which is delivered or issued for delivery in this state to a group whose members:
(a) Are related by blood, marriage or legal adoption;
(b) [Having] Have a common interest through ownership of a business enterprise [,] or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or
(c) Otherwise [having] have an insurable interest in each others lives.
4. An insurer may exclude or limit the coverage in a policy issued pursuant to this section of any person as to whom evidence of insurability is not satisfactory to the insurer.
5. The provisions of this section apply to the offering in this state of a policy issued in another state.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 116Committee on Judiciary
CHAPTER 57
AN ACT relating to the termination of parental rights; requiring notice of a hearing therefor to be given to the childs legal custodian or guardian; and providing other matters properly relating thereto.
[Approved April 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 128.060 is hereby amended to read as follows:
128.060 1. After a petition has been filed, unless the party or parties to be served [shall] voluntarily appear and consent to the hearing, the court shall direct the clerk to issue a notice, reciting briefly the substance of the petition and stating the date set for the hearing thereof, and requiring the person served therewith to appear before the court at the time and place if [such] that person desires to oppose the petition.
2. The following persons must be personally served with the notice:
(a) The father or mother of [such] the minor person, if residing within this state, and if his or her place of residence is known to the petitioner, or, if there is no parent so residing, or if the place of residence of [such] the father or mother is not known to the petitioner, then the nearest known relative of [such] that person, if there is any residing within the state, and if his residence and relationship are known to the petitioner [, shall be personally served with the notice herein described.] ; and
κ1987 Statutes of Nevada, Page 120 (CHAPTER 57, SB 116)κ
(b) The minors legal custodian or guardian, if residing with this state and if his place of residence is known to the petitioner.
Sec. 2. NRS 128.070 is hereby amended to read as follows:
128.070 1. When the father or mother of [such] a minor child [on whom service is to be made] or the childs legal custodian or guardian resides out of the state, [or] has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the notice of hearing, and the fact appears, by affidavit, to the satisfaction of the court [or judge] thereof, and it appears, either by affidavit or by a verified petition on file, that the named father or mother [in respect to whom the service is to be made] or custodian or guardian is a necessary or proper party to the proceedings, [such court or judge] the court may grant an order that the service be made by the publication of the notice of hearing. When the affidavit is based on the fact that the father or mother [on whom service is to be made] or custodian or guardian resides out of the state, and [the] his or her present address [of the father or mother] is unknown, it [shall be] is a sufficient showing of [such] that fact if the affiant states generally in [such] the affidavit that [at] :
(a) At a previous time [such] the person resided out of this state in a certain place (naming the place and stating the latest date known to the affiant when [such] the person so resided there); [that such]
(b) That place is the last place in which [such] the person resided to the knowledge of the affiant; [that such]
(c) The person no longer resides at [such place; that] that place;
(d) The affiant does not know the present place of residence of [such] the person or where [such] the person can be found; and [that]
(e) The affiant does not know and has never been informed and has no reason to believe that [such] the person now resides in this state . [; and in] In such case, it shall be presumed that [such] the person still resides and remains out of the state, and [such] the affidavit shall be deemed to be a sufficient showing of due diligence to find the father or mother [.] or custodian or guardian.
2. The order [shall] must direct the publication to be made in a newspaper, to be designated by the court , [or judge thereof,] for a period of 4 weeks, and at least once a week during [such] that time. In case of publication, where the residence of a nonresident or absent father or mother or custodian or guardian is known, the court [or judge] shall also direct a copy of the notice of hearing and petition to be deposited in the post office, directed to the person to be served at his place of residence. When publication is ordered, personal service of a copy of the notice of hearing and petition, out of the state, [shall be] is equivalent to completed service by publication and deposit in the post office, and the person so served [shall have] has 20 days after [such] the service to appear and answer or otherwise plead. The service of the notice of hearing shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication, and in cases when a deposit of a copy of the notice of hearing and petition in the post office is also required, at the expiration of 4 weeks from [such] the deposit.
κ1987 Statutes of Nevada, Page 121 (CHAPTER 57, SB 116)κ
in the post office is also required, at the expiration of 4 weeks from [such] the deposit.
3. Personal service outside the state upon a father or mother over the age of 18 years or upon the minors legal custodian or guardian may be made in any action where the person served is a resident of this state. When [such] the facts appear, by affidavit, to the satisfaction of the court , [or judge thereof,] and it appears, either by affidavit or by a verified petition on file, that the person in respect to whom the service is to be made is a necessary or proper party to the proceedings, [such court or judge] the court may grant an order that the service be made by personal service outside the state. [Such service shall] The service must be made by delivering a copy of the notice of hearing together with a copy of the petition in person to the person served. The methods of service are cumulative, and may be utilized with, after or independently of other methods of service.
4. Whenever personal service cannot be made, the court may require, before ordering service by publication or by publication and mailing, such further and additional search to determine the whereabouts of [a parent or parents] the person to be served as may be warranted by the facts stated in the affidavit of the petitioner to the end that actual notice [to a parent or parents shall] be given whenever possible.
5. If one or both of the parents of [such] the minor is unknown, or if the name of either or both of his parents is uncertain, then [such facts shall] those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either the father or the mother of [such] the person, and to all persons claiming to be the father or mother of the person. [Such] The notice, after the caption, [shall] must be addressed substantially as follows: To the father and mother of the above-named person, and to all persons claiming to be the father or mother of [such] that person.
Sec. 3. NRS 128.080 is hereby amended to read as follows:
128.080 The notice must be in substantially the following form:
In the ................ Judicial district Court of the State of Nevada, in and for the County of ...........................
In the matter of parental rights
as to ................................., a minor.
Notice
To ............................., the father or ............................., the mother of the above-named person; or, to the father and mother of the above-named person, and to all persons claiming to be the father or mother of this person; or, to ............................., related to the above-named minor as ............................. [:] ; and, to ............................., the legal custodian or guardian of the above-named minor:
κ1987 Statutes of Nevada, Page 122 (CHAPTER 57, SB 116)κ
You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ............................., in the County of ............................., on the .......... day of ............................., 19........., at .......... oclock ..........m., at which time and place you are required to be present if you desire to oppose the petition.
Dated ............................., 19..........
.........................................................
Clerk of court.
(seal) By.........................................................
Deputy.
________
Assembly Bill No. 228Assemblymen Nicholas and Sader
CHAPTER 58
AN ACT relating to justices courts; requiring that the court have a seal; extending the jurisdiction for small claims; and providing other matters properly relating thereto.
[Approved April 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.140 is hereby amended to read as follows:
1.140 [Each of the following courts, and no other, shall have a seal:
1.] The supreme court [.
2. The district courts.] , the district courts and the justices courts shall have a seal.
Sec. 2. NRS 1.170 is hereby amended to read as follows:
1.170 The clerk or deputy clerk of each court , or the justice of the peace if a deputy clerk has not been appointed for the justices court, shall keep the seal [thereof.] of the court.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money only, where the amount claimed does not exceed $1,500 and the defendant named [is] :
1. Is a resident of ;
2. Does business in; or
3. Is employed in,
the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
κ1987 Statutes of Nevada, Page 123 (CHAPTER 58, AB 228)κ
Sec. 5. NRS 111.250 is hereby amended to read as follows:
111.250 1. Every person who [shall take] takes the proof or acknowledgment of any conveyance affecting any real property shall grant a certificate thereof and cause the certificate to be endorsed or annexed to the conveyance.
2. The certificate [shall] must be:
(a) When granted by [any] a judge , justice of the peace or clerk, under the hand of the judge , justice of the peace or clerk, and the seal of the court.
(b) When granted by an officer who has a seal of office, under the hand and official seal of the officer.
Sec. 6. NRS 111.265 is hereby amended to read as follows:
111.265 [1.] The proof or acknowledgment of every conveyance affecting any real property, if acknowledged or proved within this state, must be taken by one of the following persons:
[(a)] 1. A judge or a clerk of a court having a seal.
[(b)] 2. A notary public.
[(c)] 3. A justice of the peace.
[2. When the acknowledgment is taken before a justice of the peace in any other county than that in which the real property is situated, the acknowledgment must be accompanied with the certificate of the clerk of the district court of the county, as to the official character of the justice of the peace taking the proof or acknowledgment, and the authenticity of his signature.]
Sec. 7. NRS 111.290 is hereby amended to read as follows:
111.290 [1.] The proof or acknowledgment of every conveyance affecting any real property, taken without this state but within the United States, [shall] must be taken by [some] one of the following:
[(a)] 1. A judge or a clerk of a court having a seal.
[(b)] 2. A notary public.
[(c)] 3. A justice of the peace.
[(d)] 4. A commissioner appointed by the governor of this state for that purpose.
[2. When the acknowledgment is taken by a justice of the peace, the same shall be accompanied with the certificate of the clerk of a court of record of the county having a seal as to the official character of the justice of the peace and the authenticity of his signature.
3. The record now or hereafter made of all acknowledgments or proofs taken prior to February 13, 1871, of the execution of any instrument authorized by law to be recorded, acknowledged, or proven and certified, or which may have been certified in the manner provided in subsections 1 and 2, shall be valid and of like force and effect as if proven before the officer and certified to in the manner required by law prior to February 13, 1871. Nothing in this subsection shall affect any right of a bona fide purchaser, or and right acquired by operation of law, prior to February 13, 1871.]
κ1987 Statutes of Nevada, Page 124 (CHAPTER 58, AB 228)κ
Sec. 8. NRS 174.305 is hereby amended to read as follows:
174.305 Except as provided in NRS 172.195 and 174.315:
1. A subpena [shall] must be issued by the clerk under the seal of the court. It [shall] must state the name of the court and the title, if any, of the proceeding, and [shall] must command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpena, signed and sealed but otherwise in blank, to a party requesting it, who shall fill in the blanks before it is served.
2. A subpena [shall] must be issued by a justice of the peace in a proceeding before him [, but it need not be] under the seal of the court.
Sec. 9. NRS 179.390 is hereby amended to read as follows:
179.390 A subpena or subpena duces tecum may be in substantially the following form:
Subpena
The State of Nevada to A B.: You are commanded to appear before C. D., a justice of the peace of ............... township, in ............... County (or, the court of ..............., as the case may be), at (naming the place), on (stating the day and hour), as a witness in a criminal action, prosecuted by the State of Nevada against E. F. Given under my hand this ..... day of ........, A.D. 19..... G. H., Justice of the Peace (seal) (or By order of the court, L. M., Clerk (seal) as the case may be). (If books, papers or documents [be] are required, a direction to the following effect [shall] must be contained in the subpena: And you are required also to bring with you the following (describing intelligibly the books, papers or documents required).)
Sec. 10. The amendatory provisions of section 7 of this act do not affect any conveyances which were authorized or validated by the provisions which were in effect before the amendment.
________
Senate Bill No. 147Committee on Finance
CHAPTER 59
AN ACT making an appropriation to the Youth Services Division of the Department of Human Resources for the payment of expenses relating to the improvement of certain facilities; and providing other matters properly relating thereto.
[Approved April 7, 1987]
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 Youth Services Division of the Department of Human Resources the sum of $96,732 for the payment of expenses relating to the improvement of facilities as follows:
κ1987 Statutes of Nevada, Page 125 (CHAPTER 59, SB 147)κ
of $96,732 for the payment of expenses relating to the improvement of facilities as follows:
1. Northern Nevada Childrens Home, $68,562; and
2. Southern Nevada Childrens Home, $28,170.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, 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. 229Assemblyman Jeffrey
CHAPTER 60
AN ACT relating to juvenile correctional institutions; eliminating the requirement that group supervisors of the Nevada girls training center and the Nevada youth training center be certified by the peace officers standards and training committee; and providing other matters properly relating thereto.
[Approved April 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.054 is hereby amended to read as follows:
481.054 The following officers and employees of state and local government must be certified by the committee:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices courts and municipal courts whose duties require them to carry weapons and make arrests;
3. Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;
4. Constables and their deputies whose official duties require them to carry weapons and make arrests;
5. Personnel of the Nevada highway patrol who exercise the police powers specified in NRS 481.150 and 481.180;
6. Inspectors employed by the public service commission of Nevada who exercise those enforcement powers conferred by chapters 704, 705 and 706 of NRS;
7. Marshals, policemen and correctional officers of cities and towns;
8. Parole and probation officers;
9. Special investigators who are employed full time by the office of any district attorney or the attorney general;
10. Investigators of arson for fire departments who are specially designated by the appointing authority;
11. Members of the police department of the University of Nevada System;
κ1987 Statutes of Nevada, Page 126 (CHAPTER 60, AB 229)κ
12. The assistant and deputies of the state fire marshal;
13. The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;
14. Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;
15. The superintendents and correctional officers of the department of prisons;
16. Employees of the division of state parks of the department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any county school district;
18. Agents of the state gaming control board who:
(a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or
(b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,
except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
19. The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;
20. Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;
21. Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;
22. The personnel of the department of wildlife who exercise those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23. Legislative police officers of the State of Nevada;
24. Police officers of the buildings and grounds division of the department of general services;
25. [Group supervisors of the Nevada girls training center and the Nevada youth training center;
26.] Parole counselors of the youth services division of the department of human resources;
[27.] 26. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada;
[28.] 27. Field investigators of the taxicab authority; and
[29.] 28. Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 127κ
Assembly Bill No. 157Committee on Health and Welfare
CHAPTER 61
AN ACT relating to counties; allowing the board of county commissioners to include restrictions on the ability of persons to dispose of their own garbage; limiting the boards authority to displace or limit competition in a general improvement district; and providing other matters properly relating thereto.
[Approved April 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.188 is hereby amended to read as follows:
244.188 [A] 1. Except as otherwise provided in subsection 2, a board of county commissioners may, outside the boundaries of incorporated cities [:
1.] and general improvement districts:
(a) Provide those services on an exclusive basis or, by ordinance, adopt a regulatory scheme for controlling the provision of those services or controlling development in those areas on an exclusive basis; or
[2.] (b) Grant an exclusive franchise to any person to provide those services,
but in either case a person may dispose of his own garbage and other waste [.] subject to such conditions as may be contained in the ordinance or in the exclusive franchise.
2. The board of county commissioners may exercise the authority provided in subsection 1 within the boundaries of a general improvement district if that district is not authorized to provide those services.
________
Assembly Bill No. 154Committee on Government Affairs
CHAPTER 62
AN ACT relating to general improvement districts; authorizing boards of county commissioners to fill vacancies on local district managing boards; and providing other matters properly relating thereto.
[Approved April 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.09535 is hereby amended to read as follows:
318.09535 1. Whenever a board of county commissioners is the board of trustees of any district organized or reorganized pursuant to this chapter or is exercising any powers pursuant to NRS 244.157, the board may by ordinance establish a local district managing board for [such] the district.
κ1987 Statutes of Nevada, Page 128 (CHAPTER 62, AB 154)κ
2. Such a local district managing board [shall] must consist of five members who are qualified electors of the district. The members [shall] must be:
(a) Appointed by the board of county commissioners; or
(b) Elected by the qualified electors of the district.
3. If the local district managing board is elective, the initial appointments and subsequent elections [shall] must be conducted in the manner provided in this chapter for trustees of a district.
4. An ordinance establishing a local district managing board [shall:] must:
(a) Provide for the compensation which members of the board are to receive for their services;
(b) Provide for the terms of office for the members of the board;
(c) Contain a recital of the powers delegated and duties assigned by the board of county commissioners to the local district managing board; and
[(c)] (d) Provide that the local district managing board does not have the power to tax, issue bonds or call for an election for the issuance of bonds. All taxes [shall] must be levied and bonds issued by the board of county commissioners as generally provided in this chapter.
5. Any vacancy on the board must be filled by a qualified elector of the district who is appointed by the board of county commissioners. If the local district managing board is appointive, the person appointed to fill the vacancy must be appointed to serve the remainder of the unexpired term. If the board is elective, the appointee must be appointed to serve until the 1st Monday in January when his successor in office, elected at the biennial election next following the vacancy, qualifies.
6. The local district managing board may be dissolved by the board of county commissioners after notice and hearing whenever the board of county commissioners determines:
(a) The local district managing board is no longer necessary; or
(b) The services of the district can be more effectively performed by another district.
________
κ1987 Statutes of Nevada, Page 129κ
Assembly Bill No. 153Committee on Government Affairs
CHAPTER 63
AN ACT relating to local financial administration; providing an exception to the requirement of approval by the board of county commissioners of all direct refunds from the county treasury; and providing other matters properly relating thereto.
[Approved April 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.220 is hereby amended to read as follows:
354.220 NRS 354.220 to 354.250, inclusive, [shall] apply in making applications for refund of [moneys which have] money which has been paid into the county treasuries in cases where:
1. Through mistake or inadvertence, a county and school district tax for any 1 tax year has, by reason of the assessment of the same piece [or pieces] of property to two or more persons, been paid two or more times.
2. A remission of the assessed valuation on patented mining claims has been ordered by a board having jurisdiction of the matter [on account of] because annual assessment work [having been] was performed thereon, and [such] the remission has not been made by the proper county officers, and taxes on the full valuation have been paid [thereon] under protest by the owner of [such] the patented mining claims . [under protest.]
3. Where licenses or taxes have been twice paid on the same band of sheep.
4. In the opinion of the board of county commissioners, or the county treasurer in those cases in which he is authorized to make a refund, the applicant for refund has a just cause for making [such] the application and the granting of [such a] the refund would be equitable.
Sec. 2. NRS 354.230 is hereby amended to read as follows:
354.230 The claim for [such] a refund of money must be presented to the board of county commissioners , or the county treasurer in those cases in which he is authorized to make a refund, within 3 years [from] after the time [such] the claim was incurred.
Sec. 3. NRS 354.240 is hereby amended to read as follows:
354.240 1. If a board of county commissioners determines by competent evidence that money has been paid into the [county] treasury of the county under any of the circumstances mentioned in NRS 354.220, the board of county commissioners, by its unanimous resolution, may direct the county treasurer to refund to the applicant the amount of money [so] paid into the county treasury in excess of the amount legally payable.
2. In the case of a claim for a refund of property tax , [refund,] if the board has unanimously found that the applicant is entitled to a refund, it shall direct the county treasurer to refund to the applicant the amount [so] claimed if the property tax roll is still open. The county may withhold amounts [so] refunded from its subsequent apportionments of revenues from property tax [Rev. 2/27/2019 1:50:37 PM]
κ1987 Statutes of Nevada, Page 130 (CHAPTER 63, AB 153)κ
property tax [revenues] to the other taxing units in the county which levied a tax represented in the combined tax rate.
3. If the county treasurer determines by competent evidence that money in the amount of $500 or less has been paid into the county treasury under any of the circumstances listed in NRS 354.220, he may, upon receiving the written approval of the district attorney, refund to the applicant the amount paid which is in excess of the amount legally payable.
4. In the case of a claim for a refund of property tax which has been authorized and approved in the manner provided in subsection 3, the county treasurer shall make a refund to the applicant in the amount claimed if the property tax roll is still open. The county may withhold amounts refunded from its subsequent apportionments of revenues from property tax to the other taxing units in the county which levied a tax represented in the combined tax rate.
5. At the end of each month the county treasurer shall provide to the board of county commissioners a list of all refunds made by him during that month. The list must contain the name of each taxpayer to whom a refund was made and the amount of the refund. The county treasurer shall maintain a copy of the list and make it available for public inspection.
________
Senate Bill No. 250Senators Raggio, Jacobsen, Gibson and Townsend
CHAPTER 64
AN ACT relating to intergovernmental activities; allowing the chairman of the legislative commission and the director of the legislative counsel bureau to designate another person to sign checks written on the account for intergovernmental activities; and providing other matters properly relating thereto.
[Approved April 7, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.641 is hereby amended to read as follows:
218.641 A special account for intergovernmental activities is hereby created. The director of the legislative counsel bureau shall deposit all money which he receives as contributions for intergovernmental activities into the account. The money in the account may only be used for intergovernmental activities. Each use for the money must be authorized by the legislative commission and each check must be signed by the chairman of the legislative commission or his designee and the director of the legislative counsel bureau [.] or his designee.
Sec. 2. Chapter 50, Statutes of Nevada 1987, is hereby amended by adding thereto a new section designated section 5, following section 4, to read as follows:
κ1987 Statutes of Nevada, Page 131 (CHAPTER 64, SB 250)κ
Sec. 5. This act becomes effective upon passage and approval.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 55Committee on Natural Resources, Agriculture and Mining
CHAPTER 65
AN ACT relating to conservation districts; authorizing the appointment of an alternate for a supervisor who represents cities or counties in a district; authorizing the removal of appointed supervisors; expanding the causes for removal; and providing other matters properly relating thereto.
[Approved April 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 548.283 is hereby amended to read as follows:
548.283 1. The governing bodies of any incorporated cities located within the boundaries of the district shall appoint a representative to represent them as a supervisor on the governing board of the district.
2. If the cities cannot agree on one representative to serve as a supervisor, the commission shall choose the representative from the nominees proposed by the cities.
3. The governing bodies of any counties located within the boundaries of the district shall appoint a representative to represent them as a supervisor on the governing board of the district.
4. If the counties cannot agree on one representative to serve as a supervisor, the commission shall choose the representative from the nominees proposed by the several counties.
5. Each representative of a city or county shall designate an alternate to replace him in his absence from meetings of the supervisors of the district. The representative shall send a written notice to the authority which appointed him containing the name and address of the person so designated. The notice must be sent in such a manner that it will be received before the date of the meeting which the alternate is to attend. An alternate has all of the duties, rights and privileges of the replaced representative.
Sec. 2. NRS 548.300 is hereby amended to read as follows:
548.300 [Any elected] A supervisor may be removed by the state conservation commission, upon notice and hearing, for malfeasance in office , [or] neglect of duty [, evidenced by] or absence from four consecutive meetings without sufficient cause.
________
κ1987 Statutes of Nevada, Page 132κ
Senate Bill No. 210Committee on Finance
CHAPTER 66
AN ACT making an appropriation to the Commission on Economic Development to continue the program to attract the superconducting super collider to Nevada; and providing other matters properly relating thereto.
[Approved April 8, 1987]
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 Commission on Economic Development the sum of $45,000 to continue the program to attract the superconducting super collider to Nevada.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, 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. 6Assemblymen Thompson and Jeffrey
CHAPTER 67
AN ACT relating to the City of Henderson; authorizing the city to operate and maintain a public airport and railroad; clarifying the term of office for judges of the municipal court; adding certain projects to the categories of authorized local improvements; repealing an obsolete provision; and providing other matters properly relating thereto.
[Approved April 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 402, is hereby amended by adding thereto a new section to be designated as section 2.225, immediately following section 2.220, to read as follows:
Sec. 2.225 Powers of city council: Airports. The city council may acquire, provide for, operate and maintain an airport for public use.
Sec. 2. Section 2.230 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 409, is hereby amended to read as follows:
Sec. 2.230 The city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right of way.
κ1987 Statutes of Nevada, Page 133 (CHAPTER 67, AB 6)κ
2. Grant franchises to any person or corporation to operate a railroad, streetcar or other public transit system upon public rights of way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right of way.
4. Condemn rights of way for any public purpose across any railroad right of way.
5. Prescribe the length of time any public right of way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossing and to keep them in repair.
7. Acquire, provide for, operate and maintain a railroad for public use.
Sec. 3. Section 5.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 416, is hereby amended to read as follows:
Sec. 5.020 1. A general election [shall] must be held in the city on the [1st] first Tuesday after the [1st] first Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time [there shall be elected such officers, the offices of which are required next to be filled by election.] the registered voters of the city shall elect city officers to fill the available elective positions.
2. All candidates for the office of mayor, councilman and municipal judge [shall] must be voted upon by the registered voters of the city at large. The term of office for members of the city council, including the mayor, [shall serve for terms of] and the judges of the municipal court is 4 years.
Sec. 4. Section 6.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 361, Statutes of Nevada 1983, at page 874, is hereby amended to read as follows:
Sec. 6.010 The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
9. Storm sewer projects;
10. Street projects;
11. Telephone projects;
12. Transportation projects;
κ1987 Statutes of Nevada, Page 134 (CHAPTER 67, AB 6)κ
13. Underground and aboveground electric and communication facilities;
[12.] 14. Underpass projects; [and
13.] 15. Water projects [.] ;
16. Upon petition by a person or business authorized to provide the service, such other utility projects as are deemed necessary by the council; and
17. Any combination thereof.
Sec. 5. Section 6.020 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as last amended by chapter 306, Statutes of Nevada 1973, at page 380, is hereby amended to read as follows:
Sec. 6.020 The city council on behalf of the city for the purpose of defraying all the costs of acquiring, improving or converting to any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with [moneys] money otherwise available therefor, is [vestd] vested with the powers granted to municipalities by chapters 271 and 704A of NRS, as amended from time to time [.] , but not subject to the procedural limitations contained therein.
Sec. 6. Section 11.010 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 423, is hereby repealed.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 172Senator Raggio
CHAPTER 68
AN ACT relating to civil liability; changing the event which begins the period after which a person who has written a check on a nonexistent account or in excess of the money in his account becomes liable for damages; and providing other matters properly relating thereto.
[Approved April 8, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.620 is hereby amended to read as follows:
41.620 Any person who makes, utters, draws or delivers a check or draft for the payment of money drawn upon any financial institution or other person, when he has no account with the drawee of the instrument or has insufficient money, property or credit with the drawee to pay, and who fails to pay the amount in cash to the payee within 30 days after a demand therefor is writing is [delivered] mailed to him by certified mail, is liable to the payee for the amount of the check or draft and damages equal to three times the amount of the check or draft, but not less than $100 nor more than $500.
κ1987 Statutes of Nevada, Page 135 (CHAPTER 68, SB 172)κ
times the amount of the check or draft, but not less than $100 nor more than $500.
________
Senate Bill No. 54Senators Beyer and Horn
CHAPTER 69
AN ACT relating to public schools; allowing use in the next biennium of the alternate method of calculation of the basic support for school districts in which enrollment has declined for 2 consecutive years; and providing other matters properly relating thereto.
[Approved April 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 587, Statutes of Nevada 1985, at page 1870, is hereby amended to read as follows:
Sec. 3. Section of this act becomes effective on July 1, [1987.] 1989.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 28Assemblymen Getto, Marvel, Tebbs and Sedway
CHAPTER 70
AN ACT relating to prisons; requiring the state board of examiners to issue general obligation bonds to finance the construction of a new prison at Ely; declaring the intention of the legislature that the site for the next prison be Lovelock; and providing other matters properly relating thereto.
[Approved April 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary for the construction of a maximum security prison at Ely, Nevada, capable of housing 500 inmates and being expanded to house 1,000 inmates, in a face amount of not more than $35,900,000.
2. The bonds may be issued at one time or from time to time.
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.
κ1987 Statutes of Nevada, Page 136 (CHAPTER 70, AB 28)κ
Sec. 2. It is the intention of this legislature that, after the prison in Ely, Nevada is authorized, the next prison to be authorized in this state, whether public or private, be located in Lovelock, Nevada, as recommended by the committee to select sites for new prisons created pursuant to section 1 of chapter 572, Statutes of Nevada 1985, and approved by the interim finance committee.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 2Assemblymen Getto, Dini, Bergevin, Sedway, May, Kerns, Jeffrey, Banner, Nicholas, Sader, Marvel, Gaston, Myrna Williams, Thomas, Arberry, Thompson, Lambert, McGaughey, Tebbs, Nevin, Brookman, Fay, Adler, Spriggs, Triggs and Schofield
CHAPTER 71
AN ACT relating to highways; designating a portion of U.S. 50 as the loneliest road in America; directing the department of transportation to erect suitable markers; and providing other matters properly relating thereto.
[Approved April 9, 1987]
Whereas, The portion of United States Highway No. 50 which is located in Nevada between Ely and Fernley has received national attention and publicity as the loneliest, most barren stretch of road in the United States; and
Whereas, The people of Nevada wish to express their pride in and recognition of the fact that the geography along that portion of highway consists of a vast, open expanse of peaceful solitude and beauty; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The portion of United States Highway No. 50, which is located in this state between Ely and Fernley is hereby designated as the loneliest road in America. The director of the department of transportation shall:
1. Install suitable markers reflecting this designation along that portion of highway at such points as he deems appropriate;
2. Maintain the markers as he deems appropriate; and
3. Accept any contributions which may be made by local governments and business organizations located along that portion of highway to help pay for the costs of installing and maintaining the markers in their areas.
________
κ1987 Statutes of Nevada, Page 137κ
Senate Bill No. 123Committee on Taxation
CHAPTER 72
AN ACT relating to Washoe County; authorizing an increase in the limit on revenue that the county may receive from taxes ad valorem to allow for the operation of a jail; excluding the increase from the calculation of the distribution of the supplemental city-county relief tax; and providing other matters properly relating thereto.
[Approved April 9, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The board of county commissioners of Washoe County may add an amount determined by the board, not to exceed the following amounts, to the amount of revenue from taxes ad valorem otherwise allowable to Washoe County pursuant to NRS 354.58905, 354.59811 and 354.59816, for the cost of the operation of a jail for Washoe County and the cities of Reno and Sparks:
For the fiscal year 1987-88................................................................ $2,900,000
For each fiscal year after fiscal year 1987-88.................................. 3,800,000
2. The amounts received from increases in taxes ad valorem that are authorized by subsection 1 must not be included in the determination of maximum allowable combined revenue for the purpose of distribution of the supplemental city-county relief tax.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 152Assemblyman Price
CHAPTER 73
AN ACT making an appropriation to the Motor Pool Working Capital Fund to purchase additional vehicles for the motor pool fleet and to the Welfare Division of the Department of Human Resources to purchase vehicles; and providing other matters properly relating thereto.
[Approved April 13, 1987]
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:
1. To the Motor Pool Working Capital Fund the sum of $96,033 to purchase 12 vehicles to be added to the motor pool fleet.
2. To the Welfare Division of the Department of Human Resources the sum of $31,768 to be combined with an equal amount of money obtained from the Federal Government to purchase eight motor vehicles for the Divisions use.
κ1987 Statutes of Nevada, Page 138 (CHAPTER 73, AB 152)κ
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, 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. 328Assemblyman Banner
CHAPTER 74
AN ACT relating to county recorders; authorizing county recorders to arrange with local libraries for the retention of newspapers; and providing other matters properly relating thereto.
[Approved April 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 247.070 is hereby amended to read as follows:
247.070 1. County recorders shall subscribe for such newspapers, at least one and not more than three, printed and published in their respective counties, as the board of county commissioners therein may select and determine.
2. [Each] Except as otherwise provided in subsection 6, each county recorder shall:
(a) Receive and preserve every copy of the paper or papers so subscribed for; and
(b) From time to time, cause the same to be arranged properly and bound in volumes of convenient size in a substantial manner.
The volumes when bound [shall] must be kept in his office for the use of the courts [, when needed, of strangers and the inhabitants of the county,] and the public, all of whom [shall have] must be given access to the [same] volumes at all times during office hours, free of charge. [For his services in this behalf the county recorder shall receive] Except as otherwise provided in subsection 4, the county recorder is entitled to receive for his services in this behalf the sum of $10 for each volume . [, and for] For neglect of the duties hereby imposed, he shall forfeit the sum of $50 to be recovered, with costs, in a civil action before any court, one-half of which [shall] must be paid into the county school fund, and the other half to the person who [shall prosecute such] prosecutes the action to successful termination.
3. The county recorder of each county may microfilm each issue of the newspaper or newspapers subscribed for as provided in subsection 1 and keep [a file of such microfilms] the microfilm in lieu of keeping [a file of] the newspapers.
κ1987 Statutes of Nevada, Page 139 (CHAPTER 74, AB 328)κ
4. The [subscription] price of [such paper or] the papers, the binding of the several volumes thereof, the cost of microfilming, and the county recorders compensation for the care and preservation of the [same shall] newspapers and microfilm must be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from [such] the fund by the respective boards of county commissioners; but in any county in which the county recorder is compensated by a salary, the county recorder [shall] is entitled to receive for such services no compensation additional to that of his salary, and the expense of procuring and filing [such] the newspapers or [microfilms shall] microfilm must be paid as stationery and books for the office of the county recorder are now paid for.
5. Any person who [shall willfully abstract, destroy, mutilate or deface any such microfilm or number or volume of such] willfully abstracts, destroys, mutilates or defaces any microfilm, volume or newspaper purchased in pursuance of this section [shall be deemed] is guilty of a misdemeanor.
6. In order to satisfy the requirements of subsection 2, a county recorder may enter into an agreement with a public library serving that county which provides that the library will receive, preserve, bind and make available the newspapers in accordance with subsection 2. Such an agreement may provide that the library may keep microfilm in lieu of keeping the newspapers.
________
Senate Bill No. 131Committee on Commerce and Labor
CHAPTER 75
AN ACT relating to financial institutions; repealing obsolete provision governing transactions between a bank, its officers and employees; and providing other matters properly relating thereto.
[Approved April 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 668.025 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 140κ
Assembly Bill No. 233Assemblyman Spriggs
CHAPTER 76
AN ACT relating to juvenile correctional institutions; making various changes relating to the placement of inmates; requiring the administration of a program regarding the abuse of alcohol and other drugs; removing the general powers of peace officers from certain employees; and providing other matters properly relating thereto.
[Approved April 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The administrator, with the consent of the superintendent, may transfer to the school a male person between the ages of 8 and 18 years who is an inmate of the Nevada youth training center. If such a transfer is made, the general provisions regarding placements in the school apply.
Sec. 3. The director shall administer a program designed to educate the inmates of the school in the problems caused by the abuse of alcohol and other drugs.
Sec. 4. NRS 210.270 is hereby amended to read as follows:
210.270 [1.] All officers and employees of the school have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
[2. Group supervisors have the powers of peace officers when carrying out duties prescribed by the superintendent.]
Sec. 5. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.715, inclusive [:] , and sections 2 and 3 of this act:
1. Administrator means the administrator of the youth services division in the department of human resources.
2. Director means the director of the department of human resources.
3. School means the Nevada girls training center.
4. Superintendent means the superintendent of the school.
5. Youth parole bureau means the youth parole bureau of the youth services division in the department of human resources.
Sec. 6. NRS 210.700 is hereby amended to read as follows:
210.700 [1.] All officers and employees of the school have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
[2. Group supervisors have the powers of peace officers when carrying out duties prescribed by the superintendent.]
________
κ1987 Statutes of Nevada, Page 141κ
Senate Bill No. 129Committee on Commerce and Labor
CHAPTER 77
AN ACT relating to adjusters; required the licensing of persons who adjust certain claims for self-insurers; and providing other matters properly relating thereto.
[Approved April 13, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 684A.020 is hereby amended to read as follows:
684A.020 1. As used in this code, adjuster means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his principal relative to, claims [arising] :
(a) Arising under insurance contracts for property, casualty or surety coverage, on behalf solely of [either] the insurer or the insured [.] ; or
(b) Against a self-insurer who is providing similar coverage, unless the coverage provided relates to a claim for industrial insurance.
2. An associate adjuster, as defined in NRS 684A.030, or an attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession, or an adjuster of ocean marine losses, or a salaried employee of an insurer, or a salaried employee of a managing general agent maintaining an underwriting office in this state, is not [deemed to be] considered an adjuster for the purposes of this chapter.
Sec. 2. NRS 684A.030 is hereby amended to read as follows:
684A.030 As used in this code:
1. Independent adjuster means an adjuster representing the interests of [the insurer.] an insurer or a self-insurer.
2. Public adjuster means an adjuster employed by and representing solely the financial interests of the insured named in the policy.
3. Associate adjuster means an employee of an adjuster who, under the direct supervision of the adjuster, assists in the investigation and settlement of insurance losses on behalf of his employer.
________
κ1987 Statutes of Nevada, Page 142κ
Assembly Bill No. 178Committee on Judiciary
CHAPTER 78
AN ACT relating to gaming; specifically authorizing the Nevada gaming commission to grant preliminary approval to a licensee for involvement in foreign gaming; limiting the criteria used for approval of licensee for involvement in foreign gaming; and providing other matters properly relating thereto.
[Approved April 14, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.690 is hereby amended to read as follows:
463.690 1. Except as provided in subsection 2 , 3 and [4,] 5, no licensee may be involved in foreign gaming without the prior approval of the commission, acting upon a recommendation of the board. Any approval granted under this section is a privilege which may be revoked, suspended, conditioned, limited or restricted by the commission at any time.
2. The commission may, based on such factors as it deems relevant, grant preliminary approval to a licensee for involvement in foreign gaming. Any preliminary approval granted pursuant to this subsection may be revoked, suspended, conditioned, limited or restricted by the commission at any time.
3. Approval of the commission is not required if:
(a) The licensee does not own more than 5 percent beneficial interest in any class of securities of a corporation incorporated under the laws of any state of the United States which is a publicly traded corporation as defined in NRS 463.487; and
(b) The licensee is not able to significantly control or influence the corporation.
[3.] 4. If it finds that approval is necessary to effectuate the purposes of this chapter, the commission may, by giving notice of its decision to the licensee, require that a licensee who is otherwise exempt under subsection [2] 3 obtain approval as required by subsection 1.
[4.] 5. The commission may waive, either selectively or by general regulation, one or more of the requirements of NRS 463.680 to 463.720, inclusive, if it makes a written finding that the waiver is consistent with the public policy of this state concerning gaming.
Sec. 2. NRS 463.710 is hereby amended to read as follows:
463.710 1. The board and commission shall consider without limitation the following factors in deliberating the granting or denial of approval to conduct foreign gaming operations:
(a) [The existence of a comprehensive, effective government regulatory system in the foreign jurisdiction.
(b) Means,] The means, including agreements with foreign jurisdictions, for the commission and board to obtain adequate access to information pertaining to the gaming operations in which the licensee seeks to be involved, and pertaining to any associate of the licensee in the foreign gaming operations.
κ1987 Statutes of Nevada, Page 143 (CHAPTER 78, AB 178)κ
involved, and pertaining to any associate of the licensee in the foreign gaming operations.
[(c)] (b) Assurance that the licensee and his associates in the foreign gaming operations will recognize and abide by the conditions and restrictions imposed upon approval of participation.
[(d)] (c) Assurance that the right of Nevada to collect license fees will be adequately protected through an effective accounting system designed to prevent the undetected employment of techniques to avoid payment.
[(e)] (d) Assurance that the relationship of the licensee with any associate will pose no unreasonable threat to the interest of the State of Nevada in regulating the gaming industry within the state.
[(f)] (e) Other factors which are found to be relevant to the adequate protection of state-regulated gaming in Nevada.
2. The commission may impose conditions upon any approval of participation in foreign gaming operations, including without limitation:
(a) The continuation of any factor listed in subsection 1 or any other factor considered relevant by the commission.
(b) Requirements for internal accounting, administrative and managerial controls, including evidence of those controls to be filed with the commission or maintained in the principal office of the licensee in Nevada and made available to the board and commission or their agents for examination and copying as requested.
(c) Requirements for reports found necessary by the board or commission.
(d) Requirements for onsite audits to be conducted at the licensees expense by independent certified public accountants, or their equivalent, who are acceptable to the board and commission.
(e) Requirements for disclosure and reporting of changes in beneficial ownership or control of any interest in a foreign gaming operation, including interest of the licensee and of others.
(f) Requirements for onsite inspections at the expense of the licensee of foreign gaming operations by the board and commission or their representatives.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 144κ
Assembly Bill No. 134Committee on Ways and Means
CHAPTER 79
AN ACT making appropriations to the State Public Works Board for the construction of additional in-patient hospital beds at the Southern Nevada Adult Mental Health Center and for upgrading the air-conditioning system at the Las Vegas Mental Health Center; and providing other matters properly relating thereto.
[Approved April 14, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the State Public Works Board:
(a) The sum of $2,349,211 to construct an additional 88 in-patient beds for the Southern Nevada Adult Mental Health Center, to be used in conjunction with the money appropriated in chapter 509, Statutes of Nevada 1985, for capital improvement project 85-42.
(b) The sum of $168, to upgrade the air-conditioning system in the in-patient units of Buildings B and C of the Las Vegas Mental Health Center.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after the respective projects are completed, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 124Senators Mello, Redelsperger, Gibson, Jacobsen, Hickey, ODonnell, Townsend, Vergiels, Joerg, Rawson, Neal, Shaffer, Wagner, Beyer, Horn, Malone and Coffin
CHAPTER 80
AN ACT relating to the registration of motor vehicles; excluding the weight of certain equipment and vehicles from the weight upon which certain fees are based; revising the fees for registration of certain vehicles; and providing other matters properly relating thereto.
[Approved April 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.023 is hereby amended to read as follows:
482.023 Declared gross weight means the maximum gross weight at which a motor vehicle or combination of vehicles will be operated [.] , except the term does not include the weight of:
κ1987 Statutes of Nevada, Page 145 (CHAPTER 80, SB 124)κ
1. Another vehicle which is being carried or towed by a tow car, as that term is defined in NRS 706.131;
2. Implements of husbandry;
3. A trailer or other towed vehicle which is not used for a commercial enterprise;
4. Towable tools or equipment, as that term is defined in NRS 484.202; or
5. A trailer which is:
(a) Controlled and operated by a farmer or rancher;
(b) Used to transport livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and
(c) Not used in the operation of a common or contract carrier.
Sec. 2. NRS 482.482 is hereby amended to read as follows:
482.482 In addition to any other applicable fee listed in NRS 482.480:
1. There must be paid to the department a fee of $15 for the registration of every motortruck, truck tractor or bus which has a declared gross weight of less than 6,000 pounds.
2. There must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of 6,000 pounds or more, fees according to the following schedule:
[6,000 to and including 6,499.............................................................................. $17
6,500 to and including 6,999............................................................................... 19
7,000 to and including 7,499............................................................................... 21
7,500 to and including 7,999............................................................................... 23
8,000 to and including 8,499............................................................................... 27
8,500 to and including 8,999............................................................................... 30
9,000 to and including 9,999............................................................................... 33
10,000 to and including 11,999........................................................................... 48]
6,000 to and including 8,499........................................................................... $20
8,500 to and including 10,000......................................................................... 30
[For each additional increase of 2,000 pounds or fraction thereof, an additional fee of $8 must be charged.] If the declared gross weight is 10,001 pounds or more, the fee is $4 for each 1,000 pounds or fraction thereof. The maximum fee is $320.
Sec. 3. NRS 706.058 is hereby amended to read as follows:
706.058 Declared gross weight means the maximum gross weight at which the vehicle or combination of vehicles will be operated [.] , except the term does not include the weight of:
1. Another vehicle which is being carried or towed by a tow car;
2. Implements of husbandry;
3. A trailer or other towed vehicle which is not used for a commercial enterprise;
4. Towable tools or equipment, as that term is defined in NRS 484.202; or
κ1987 Statutes of Nevada, Page 146 (CHAPTER 80, SB 124)κ
5. A trailer which is:
(a) Controlled and operated by a farmer or rancher;
(b) Used to transport livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and
(c) Not used in the operation of a common or contract carrier.
________
Senate Bill No. 176Senator Beyer
CHAPTER 81
AN ACT relating to landscape architects; increasing the maximum fees which the board of landscape architecture may charge; and providing other matters properly relating thereto.
[Approved April 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623A.240 is hereby amended to read as follows:
623A.240 The following fees [shall] must be prescribed by the board and [shall] must not exceed the following amounts:
Examination fee............................................................................ [$100] $250.00
Re-examination fee........................................................................ [100] 250.00
Certificate of registration................................................................ [70] 160.00
Renewal fee...................................................................................... [70] 160.00
Reinstatement fee............................................................................ [70] 160.00
Delinquency fee............................................................................... [20] 100.00
Change of address fee.................................................................... [10] 5.00
Copy of a document, per page............................................................ .25
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 147κ
Senate Bill No. 106Committee on Commerce and Labor
CHAPTER 82
AN ACT relating to motor vehicles; requiring a dealer to pay off any security interest which is outstanding on any mobile home, manufactured home or commercial coach he takes in trade on the purchase of another such vehicle; and providing other matters properly relating thereto.
[Approved April 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:
If a licensed dealer takes a mobile home, manufactured home or commercial coach in trade on the purchase of another such home or coach and there is an outstanding security interest, the licensed dealer shall satisfy the outstanding security interest within 30 days after the manufactured home, mobile home or commercial coach is taken in trade on the purchase of the other home or coach.
________
Assembly Bill No. 85Assemblymen Getto, Bergevin, Marvel and Carpenter
CHAPTER 83
AN ACT relating to livestock; authorizing the state department of agriculture to collect the federal assessment on each head of livestock sold in this state; revising the provisions regarding the distribution of the money in the fund for the promotion of beef; making optional the levy of the tax to promote beef and increasing the maximum levy; and providing other matters properly relating thereto.
[Approved April 15, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection fund:
(a) All special taxes on livestock as provided by law, except the assessment collected pursuant to section 3 of this act and any tax levied pursuant to NRS 575.070.
(b) Fees and moneys collected pursuant to the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
κ1987 Statutes of Nevada, Page 148 (CHAPTER 83, AB 85)κ
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of chapter 573 of NRS.
(f) Fees collected under the provisions of chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 561.407 is hereby amended to read as follows:
561.407 1. The fund for the promotion of beef is hereby created as an agency fund in the state treasury. [The proceeds of the special tax on cattle levied pursuant to NRS 575.070 must be deposited in this fund and all refunds made pursuant to NRS 575.070 must be paid from the fund.]
2. The interest and income earned on the money in the fund for the promotion of beef, after deducting any applicable charges, must be credited to the fund.
[3. After all refunds are made, the state controller shall draw warrants to distribute the amount remaining in the fund as follows:
(a) Eighty percent to the Beef Industry Council, transmitted through the executive director; and
(b) Twenty percent to the account of the Nevada beef council in the fund for the promotion of beef.]
Sec. 3. Chapter 565 of NRS is hereby amended by adding thereto a new section to read as follows:
The department may collect the assessment required pursuant to 7 U.S.C. § 2904 and shall deposit the money collected with the state treasurer for credit to the fund for the promotion of beef.
Sec. 4. NRS 575.070 is hereby amended to read as follows:
575.070 1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the Nevada beef council [shall] may fix a special tax, to be known as the tax to promote beef, on all cattle except calves that have not been weaned, the rate of which must not exceed [50 cents] $1 per head. [The] If such a tax is fixed, the council shall send notice of the rate of this tax to the county assessor or treasurer of each county on or before the first Monday in May of each year. The proceeds of the tax , if any, must be deposited in the state treasury for credit to the fund for the promotion of beef.
2. During the month of April [,] if such a tax is fixed, any person who has paid the special tax [levied pursuant to this section] may file a claim for refund with the state department of agriculture, accompanied by a receipt showing the payment. Upon verification of the claim, the department shall transmit it to the state controller for payment from the fund for the promotion of beef.
κ1987 Statutes of Nevada, Page 149 (CHAPTER 83, AB 85)κ
transmit it to the state controller for payment from the fund for the promotion of beef.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 280Committee on Commerce
CHAPTER 84
AN ACT relating to insurance; including title insurance within the scope of the insurance recovery fund; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.305 is hereby amended to read as follows:
679B.305 1. There is hereby created the insurance recovery fund as a special revenue fund. The commissioner shall promptly deposit with the state treasurer for credit to the fund all recovery fund fees received from licensees under this title.
2. A fund balance of not more than $40,000 must be maintained in the fund to be used for satisfying claims against persons licensed under chapters 683A, 684A , [and] 685A and 692A of NRS. Any balance over $40,000 in the fund at the end of any fiscal year must be set aside and used by the commissioner for insurance education and research.
3. The commissioner shall adopt reasonable regulations for the administration of the fund, including the manner, time, procedure and grounds for recovery against the fund.
4. The limit of liability of the recovery fund is $5,000 per fiscal year for any one licensee.
________
Assembly Bill No. 84Committee on Labor and Management
CHAPTER 85
AN ACT relating to unemployment compensation; repealing special limitation regarding eligibility of a person entering self-employment; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.447 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 150κ
Assembly Bill No. 141Committee on Government Affairs
CHAPTER 86
AN ACT relating to state purchasing; authorizing the purchasing division of the department of general services to contract for services for a using agency; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
The chief may, upon request from a using agency, contract for services needed by that agency if he determines that to do so would benefit the public or cause some other beneficial effect.
________
Assembly Bill No. 333Committee on Government Affairs
CHAPTER 87
AN ACT relating to the department of data processing; authorizing temporary advances from the state general fund to the informational facility fund and the informational service fund; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 242.221 is hereby amended to read as follows:
242.221 1. All claims made pursuant to NRS 242.121 to 242.251, inclusive, must, when approved by the department, be audited and paid as other claims against the state are paid.
2. If the state controller finds that current claims against the informational facility fund or the informational service fund exceed the amount available in the respective fund to pay the claims, he may advance temporarily from the state general fund to the appropriate fund the amount required to pay the claims, but no more than 25 percent of the revenues expected to be received in the current fiscal year from any source authorized for the appropriate fund. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
________
κ1987 Statutes of Nevada, Page 151κ
Assembly Bill No. 179Committee on Judiciary
CHAPTER 88
AN ACT relating to unemployment compensation; prohibiting the introduction of certain evidence concerning eligibility for benefits in any separate or subsequent proceeding; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:
Any finding of fact or law, judgment, determination, conclusion or final order made by the executive director or an appeal tribunal, examiner, board of review, district court or any other person with the authority to make findings of fact or law pursuant to NRS 612.450 to 612.530, inclusive, is not admissible or binding in any separate or subsequent action or proceeding, between a person and his present or previous employer brought before an arbitrator, court or judge of this state or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 279Committee on Commerce
CHAPTER 89
AN ACT relating to insurance; requiring triennial renewal of a license by an adjuster or an appraiser of damage to a motor vehicle; reducing the fee paid to the recovery fund by adjusters; making technical changes; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 684A.130 is hereby amended to read as follows:
684A.130 1. Each license issued under this chapter continues in force [until it expires or] for 3 years unless it is suspended, revoked or otherwise terminated . [, subject to] A license may be renewed upon payment of the applicable fee for renewal to the commissioner at his office in Carson City, Nevada. The fee must be paid on or before the last day of the month in which the license is renewable.
2. Any license not so renewed [shall be deemed to have expired] expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a renewal fee of 150 percent of the fee otherwise required.
κ1987 Statutes of Nevada, Page 152 (CHAPTER 89, AB 279)κ
expiration of the license if the request is accompanied by a renewal fee of 150 percent of the fee otherwise required.
3. This section does not apply to temporary licenses issued under NRS 684A.150.
Sec. 2. NRS 684A.160 is hereby amended to read as follows:
684A.160 Before the issuance or continuation of an adjusters license the applicant [shall] must pay a [recovery fund] fee of [$25.] $15 for the recovery fund.
Sec. 3. NRS 684B.040 is hereby amended to read as follows:
684B.040 1. An applicant for a license as a motor vehicle physical damage appraiser shall file a written application therefor with the commissioner on forms prescribed and furnished by the commissioner. [As part of, or in connection with, the application the] The applicant shall furnish information as to his identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the commissioner to determine the applicants eligibility and qualifications for the license.
2. If the applicant is a firm or corporation, the application must show the names of all members of the firm, [all] corporate officers and corporate directors, and must designate each natural person who is to exercise the license powers. Each such member, officer, director and natural person must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name.
3. The application must be accompanied by the applicable license fee [as] specified in NRS 680B.010. The commissioner shall charge a separate fee for each person authorized to act for a firm or corporation.
4. An applicant for a license who desires to use a name other than his true name must comply with the provisions of NRS 683A.240. The commissioner shall not issue a license in a trade name unless the name has been registered pursuant to NRS 600.240 to 600.450, inclusive.
5. An applicant for a license shall not willfully misrepresent or withhold any fact or information called for in the application form or in connection [therewith.] with his application. A violation of this subsection is a gross misdemeanor.
Sec. 4. NRS 684B.060 is hereby amended to read as follows:
684B.060 1. If the commissioner finds that the application is complete and the applicant is otherwise eligible and qualified for the license as a motor vehicle physical damage appraiser, the commissioner shall promptly issue the license . [; otherwise, the commissioner shall refuse] If the commissioner refuses to issue the license [and] he shall promptly notify the applicant in writing of [such] the refusal, stating the grounds [thereof.] for the refusal.
2. If the license is refused, the commissioner shall promptly refund to the applicant the license fee tendered with the application.
κ1987 Statutes of Nevada, Page 153 (CHAPTER 89, AB 279)κ
[3. NRS 683A.240 (name of licensee; true, fictitious names) shall also apply to motor vehicle physical damage appraiser licenses.]
Sec. 5. NRS 684B.070 is hereby amended to read as follows:
684B.070 [1.] The commissioner shall prescribe the form of the motor vehicle physical damage appraiser license, which [shall state:
(a)] must state:
1. The licensees name and business address;
[(b) Date]
2. The date of issuance and the general conditions as to expiration and termination [;
(c)] of the license;
3. That the bond required by NRS 684B.030 has been [duly] filed; and
[(d)] 4. Such other conditions as the commissioner deems proper.
[2. The commissioner shall not issue a license in a trade name unless the name has been duly registered as provided by law.]
Sec. 6. NRS 684B.080 is hereby amended to read as follows:
684B.080 1. Each licensee issued under this chapter continues in force [until it expires or] for 3 years unless it is suspended, revoked or otherwise terminated . [, subject to] A license may be renewed upon payment of the applicable fees for renewal to the commissioner at his office in Carson City, Nevada. The fee must be paid on or before the last day of the month in which the license is renewable.
2. Any license not so renewed [shall be deemed to have expired] expires at midnight on the last day specified for its renewal. The commissioner may accept a request for renewal received by him within 30 days after the expiration of the license if the request is accompanied by a renewal fee of 150 percent of the fee otherwise required.
________
Assembly Bill No. 252Committee on Elections
CHAPTER 90
AN ACT relating to elections; requiring the boundaries of each election precinct to follow visible ground features; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.205 is hereby amended to read as follows:
293.205 1. On or before the 3rd Wednesday in May of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require . [in accordance with NRS 293.207 to 293.213, inclusive.]
κ1987 Statutes of Nevada, Page 154 (CHAPTER 90, AB 252)κ
2. The boundaries of each election precinct must follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the state or a county or city.
3. As used in this section, visible ground feature includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right of way or any other physical feature which is clearly visible from the ground.
________
Senate Bill No. 211Senator Jacobsen
CHAPTER 91
AN ACT relating to dairy products; increasing the salary of members of the state dairy commission; prescribing the method for calculating and defining certain factors relating to cost; clarifying certain language; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto a new section to read as follows:
Fresh dairy products includes, but is not limited to, buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese, without regard to the class of fluid milk or fluid cream which is used to make those products.
Sec. 2. NRS 584.325 is hereby amended to read as follows:
584.325 [Unless] As used in NRS 584.330 to 584.690, inclusive, unless the context otherwise requires, the [definitions] words and terms defined in NRS 584.330 to 584.385, inclusive, [govern the construction of NRS 584.325 to 584.690, inclusive.] and section 1 of this act, have the meanings ascribed to them in those sections.
Sec. 3. NRS 584.380 is hereby amended to read as follows:
584.380 Retail store means any person owning or operating a retail grocery store, restaurant, confectionery, or other similar business, where fluid milk, [or] fluid cream or any fresh dairy product is sold to the general public.
Sec. 4. NRS 584.445 is hereby amended to read as follows:
584.445 1. Each member of the commission is entitled to receive a salary of not more than [$60] $75 per day, as fixed by the commission, while engaged in the business of the commission.
2. The commission may expend in accordance with law all money made available for its use.
Sec. 5. NRS 584.474 is hereby amended to read as follows:
584.474 The commission shall adopt regulations establishing procedures for:
κ1987 Statutes of Nevada, Page 155 (CHAPTER 91, SB 211)κ
1. Its administration and government;
2. The formation and adoption of stabilization and marketing plans;
3. The conduct of its public hearings;
4. The manner in which [cost] information relating to costs required of producers, distributors [, producer-distributors] and retailers is determined and presented to the commission; and
5. Classifying fluid milk products into three separate classes.
Sec. 6. NRS 584.582 is hereby amended to read as follows:
584.582 It is unlawful for any distributor or retailer to manipulate the prices of fluid milk, fluid cream, butter or any fresh dairy [by-products] product for the purpose of injuring, harassing or destroying competition.
Sec. 7. NRS 584.583 is hereby amended to read as follows:
584.583 1. No distributor or retailer may sell fluid milk, fluid cream, butter or any fresh dairy [by-products] product below cost. [Fresh dairy by-products includes but is not limited to buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese without regard to the class of fluid milk or fluid cream which is used to make such products.]
2. In determining the cost [in the case of] for a distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy [by-products,] product, the following factors [are included, but cost is not necessarily limited to these factors:] , in addition to any other factor acceptable to the commission, must be considered:
(a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return [upon] on capital investment.
(d) Producers [transportation costs.] costs for transportation.
(e) Cost of compliance with health regulations.
(f) Overhead . [costs as determined according to generally accepted accounting principles.]
3. In determining the cost [in the case of] for a peddler-distributor or retailer, the following factors [are included, but cost is not necessarily limited to these factors:] , in addition to any other factor acceptable to the commission, must be considered:
(a) Purchase price of the product.
(b) Overhead [cost] for handling.
(c) Reasonable return [upon] on capital investment.
4. For the purposes of subsections 2 and 3:
(a) Reasonable return on capital investment must be calculated per unit of production by dividing the product of:
(1) The net capital investment; and
(2) The reasonable rate of return on capital investment,
by the total sales per unit of production. Net capital investment includes land, buildings, equipment and any other capital asset used as a rate base.
κ1987 Statutes of Nevada, Page 156 (CHAPTER 91, SB 211)κ
A reasonable rate of return on capital investment shall be deemed to be the rate fixed for 6-month United States treasury bills at the auction in the first week of the month of January or July immediately preceding the date that the reasonable return on capital investment is calculated.
(b) Costs for overhead must be determined according to generally accepted principles of accounting and allocated proportionately to each unit of production. Costs for overhead include salaries for executives and officers of the company, all other costs of labor, including indirect costs, rent, depreciation, costs for maintenance, costs incurred in delivering the product, fees for licenses, taxes and insurance, cost of materials, costs for repairs, the cost of electricity and other public utilities and all other costs that relate to the sale and distribution of the product. Any expense incurred in the marketing of a finished or manufactured dairy product which cannot be attributed directly to a particular product must be apportioned to the product on a basis consistent with generally accepted principles of accounting relating to costs.
5. Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy [by-products] product and each peddler-distributor shall file with the commission a statement of costs, listing separately , and as applicable, the items set forth in subsection 2 or 3 of this section and any other applicable [cost factors.] factors relating to cost. The statements must be kept current [by supplement under regulations promulgated] as prescribed by regulations adopted by the commission. All statements must be kept confidential by the commission except when used in judicial [proceedings] or administrative proceedings [under] pursuant to NRS 584.325 to 584.690, inclusive.
[5.] 6. Each distributor who processes or manufactures fluid milk, fluid cream, butter or any fresh dairy [by-products] product and each peddler-distributor shall file with the commission lists of wholesale prices and of minimum retail, distributor and dock prices. No distributor may sell at wholesale prices other than, or at retail, distributor or dock prices less than, those contained in the appropriate list, except in the case of bids to departments or agencies of federal, state and local governments. In so case may the distributor sell or offer to sell below cost . [as provided in this section.]
Sec. 8. NRS 584.584 is hereby amended to read as follows:
584.584 1. the provisions of NRS 584.583 do not [permit or] authorize the development of conditions of monopoly in production or distribution of fluid milk, fluid cream, butter, fresh dairy [by-products] products or products made from fluid milk , [products] and a distributor who meets in good faith a lawful competitive price is not subject to any penalty provided in NRS 584.325 to 584.690, inclusive, if he files with the commission information detailing the circumstances surrounding the lawful competitive price within 5 days [of such occurrence. Such information shall] after each occurrence. The information must include the name and address of the distributor [, the name and address of] and the customer involved, the competitive price, [met,] the effective date of [such] the price or condition, and the name and address of the competing distributor.
κ1987 Statutes of Nevada, Page 157 (CHAPTER 91, SB 211)κ
effective date of [such] the price or condition, and the name and address of the competing distributor.
2. If [such] that information is accompanied by a written statement, signed by the customer before a notary public or two competent witnesses, that [such] the competitive price has been offered or made available to him, the statement is prima facie evidence that a distributor is meeting [such] the competitive price or condition in good faith.
Sec. 9. NRS 584.633 is hereby amended to read as follows:
584.633 1. The commission shall assess each distributor of butter a sum not exceeding 1 cent per pound on all butter distributed by the distributor.
2. Except as otherwise provided in subsection 3, the commission shall assess all distributors of fresh dairy [by-products] products a sum not exceeding 4 cents per gallon on all ice cream, sherbet or ice cream or ice milk mixes, and a sum not exceeding 1 cent per pound on all cottage cheese and yogurt distributed by the distributors.
3. In determining the amount to be assessed a distributor [under] pursuant to subsection 2, the commission shall credit the distributor with any amount which, pursuant to paragraph (a) or (c) of subsection 1 of NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the [fresh dairy-byproduct.] product subject to the assessment prescribed in subsection 2.
Sec. 10. NRS 584.635 is hereby amended to read as follows:
584.635 1. The commission may lower the rate of any assessment required to be paid under NRS 584.630 to 584.633, whenever it finds that the cost of administering the provisions of NRS 584.325 to 584.690, inclusive, can be defrayed from revenues derived from the lower rates.
2. A distributor shall pay the amount of the assessment to the commission on or before the 15th of the month following the month during which the fluid milk or fluid cream was received or the butter or fresh dairy [by-product] product was distributed. If the assessment for the month is less than $3, the distributor may delay payment for 3 months or until the cumulative assessments are $3 or more, whichever occurs first.
3. If payments of assessments are not made as provided in subsection 2, the commission shall charge, as a penalty for the late payment, the amount of $10 or 1 percent per month of the total amount due [and owing,] but remaining unpaid, whichever is greater.
Sec. 11. NRS 584.640 is hereby amended to read as follows:
584.640 1. No bond [shall be] is required of any distributor who purchases fluid milk, [or] fluid cream or any fresh dairy product from a [producer-distributor; provided:
(a) That the] distributor who processes fluid milk, fluid cream or any fresh dairy product, if:
(a) The buyer at the time of obtaining possession or control of each delivery pays for the [same] delivered product in full in lawful money; [of the United States;] and
κ1987 Statutes of Nevada, Page 158 (CHAPTER 91, SB 211)κ
(b) [That the] The fluid milk, [or] fluid cream or fresh dairy product is purchased in [package form] packages ready for human consumption and not in bulk . [form.]
2. Any distributor before purchasing fluid milk, [or] fluid cream or any fresh dairy product on the terms stated in subsection 1 shall notify the commission of his intention to make [such] the purchases, stating from whom and the anticipated average daily quantity of [such purchases. Such] the purchases. The distributor shall also [keep] :
(a) Keep a record of [such] the purchases, showing [dates of purchases, amounts of purchases,] the date and the amount of each purchase and the name [or names of seller or sellers, and shall make] of the seller; and
(b) Make such other and further reports to the commission as it may from time to time require.
________
Senate Bill No. 113Committee on Human Resources and Facilities
CHAPTER 92
AN ACT relating to pupils; amending the requirement for notice of absence to a parent to notice of truancy to a parent; and providing other matters properly relating thereto.
[Approved April 16, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.130 is hereby amended to read as follows:
392.130 1. Within the meaning of this [Title of NRS, any] chapter, a pupil shall be deemed a truant who is absent from school without a valid excuse acceptable to his teacher or the principal of the school.
2. Absence for any part of a day shall be deemed [as] absence for the entire day within the meaning of this section.
3. The teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of [any absence from school] truancy to the parent, guardian or other person having control or charge of the child.
________
κ1987 Statutes of Nevada, Page 159κ
Senate Bill No. 97Committee on Commerce and Labor
CHAPTER 93
AN ACT relating to community antenna television systems; clarifying a provision governing franchises granted by local governments by removing an obsolete reference to regulation by the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved April 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 711.200 is hereby amended to read as follows:
711.200 1. The total amount of fees paid in any one year to a local government for a franchise must not exceed 5 percent of the companys gross revenue for the preceding year.
2. In determining the gross revenue of a company the governing body shall:
(a) Consider any applicable regulations of the Federal Communications Commission; and
(b) Deduct an amount equal to any fees or annual assessment paid by the company for [:
(1) The] the use of pay or premium channels . [; and
(2) Regulation as a public utility under the jurisdiction of the commission.]
________
Assembly Bill No. 131Committee on Transportation
CHAPTER 94
AN ACT relating to traffic laws; repealing the prospective expiration of a provision which provides alternative limitations on weight for trailers and semitrailers; and providing other matters properly relating thereto.
[Approved April 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 111, Statutes of Nevada 1981, as amended by chapter 324, Statutes of Nevada 1985, at page 947, is hereby amended to read as follows:
Sec. 7. [1. Section 2 of this act expires by limitation on July 1, 1990.
2.] This act shall become effective upon passage and approval.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 160κ
Assembly Bill No. 112Committee on Judiciary
CHAPTER 95
AN ACT relating to motor vehicles; extending the prohibition against the unlawful sale, offer of sale or display for sale of a motor vehicle to all vehicles; providing a penalty; and providing other matters properly relating thereto.
[Approved April 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.547 is hereby amended to read as follows:
482.547 1. It is unlawful for any person to sell, offer to sell or display for sale any [motor] vehicle unless the person is:
(a) The lienholder, owner or registered owner of the vehicle;
(b) A repossessor of the vehicle, or holder of a statutory lien on the vehicle, selling the vehicle on a bid basis; or
(c) A manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a [motor] vehicle pursuant to powers or duties granted or imposed by law.
3. [Any] A person who violates any of the provisions of this section [is guilty of a misdemeanor.] shall be punished:
(a) If the value of the vehicle sold, offered or displayed is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) If the value of the vehicle is less than $100, for a misdemeanor.
Sec. 2. NRS 207.250 is hereby repealed.
________
Senate Bill No. 205Committee on Government Affairs
CHAPTER 96
AN ACT relating to the state personnel system; providing greater flexibility in the assessment of the costs of administration; and providing other matters properly relating thereto.
[Approved April 20, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.115 is hereby amended to read as follows:
284.115 1. The director shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
κ1987 Statutes of Nevada, Page 161 (CHAPTER 96, SB 205)κ
(b) [Between July 1 and August 1 of each even-numbered year,] In preparation for the budget for each biennium, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost, expressed as a percentage of the gross annual salaries paid, of carrying out the functions of the department for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of that cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.
3. Except as provided in [subsection] subsections 4 and 5, on July 1 of each year each department, agency and institution shall pay to the director for deposit in the personnel operating fund an assessment equal to the amount of money appropriated to or authorized for that department, agency or institution pursuant to its budget for the costs of personnel administration . [costs pursuant to its budget.]
4. Any money collected in accordance with this section remaining in the personnel operating fund on July 1 of any year reverts to the fund to which originally appropriated in proportion to the contribution from that fund [.] , unless the interim finance committee, upon recommendation of the governor, authorizes the department to use the remaining money in the next fiscal year to offset any proposed increases in assessments, reduce assessments or pay for the costs of administration not previously provided for in the budget.
5. Any state department, agency or institution may pay the [personnel administration costs] assessment required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
6. Changes in [personnel] assessments are effective [only at the beginning of a fiscal year and require prior notice to the governor. The governor shall transmit such changes to the legislature, as part of his budget, for its approval.] upon approval of the governor and the interim finance committee.
Sec. 2. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
κ1987 Statutes of Nevada, Page 162 (CHAPTER 96, SB 205)κ
be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by subsections 4 and 6 of NRS 284.115, subsection 3 of NRS 328.480, [by] subsection 1 of NRS 341.145, [and by] NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
________
κ1987 Statutes of Nevada, Page 163κ
Assembly Bill No. 71Committee on Taxation
CHAPTER 97
AN ACT relating to financial administration; revising restrictions on time for the preparation of budgets by local governments; revising restrictions on time for the assessment and the payment of taxes on the proceeds of mines; and providing other matters properly relating thereto.
[Approved April 21, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.596 is hereby amended to read as follows:
354.596 1. On or before [March] April 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the department of taxation for the use of local governments, a tentative budget for the ensuring fiscal year. The tentative budget and a copy of the local governments report of its proposed expenditures for the following fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
The report must be written in the same detail as its chart of accounts. The total amount of the expenditures contained in this report equal the total amount of expenditures contained in its tentative budget for each department and fund listed in that budget.
2. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the department of taxation.
(c) The places where copies of the tentative budget are on file and available for public inspection.
3. Budget hearings must be held:
(a) For county budgets, on the [3rd] third Monday in [April;] May;
(b) For cities, on the [3rd] third Tuesday in [April;] May;
(c) For schools districts, on the [3rd] third Wednesday in [April;] May; and
(d) For all other local governments, on the [3rd] third Thursday in [April;] May,
except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
κ1987 Statutes of Nevada, Page 164 (CHAPTER 97, AB 71)κ
4. On or before [March] April 15, a copy of the tentative budget and notice of public hearing must be submitted:
(a) To the department of taxation; and
(b) In the case of school districts, to the state department of education.
5. The department of taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.
6. Whenever the governing body receives from the department of taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
7. If any change which results in an increase in the amount of revenue required from property taxes is made in a tentative budget after it has been submitted to the county auditor pursuant to subsection 1, the amended tentative budget must be submitted to the county auditor at least 30 days before it may be adopted as the final budget.
Sec. 2. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget must be adopted on or before [May] June 1 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.455.
3. The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published.
κ1987 Statutes of Nevada, Page 165 (CHAPTER 97, AB 71)κ
together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department taxation.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
5. No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 3. NRS 354.59805 is hereby amended to read as follows:
354.59805 Except as otherwise provided in NRS 354.59816, the maximum amount of money which a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before [February] March 15 preceding the fiscal year to which it applies. A local government may, on or before [March] April 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 of necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
Sec. 4. NRS 361.454 is hereby amended to read as follows:
361.454 1. Upon receipt of the tentative budgets submitted pursuant to NRS 354.596, the county auditor shall ascertain, separately for each property owner whose property taxes are affected by one or more of the tentative budgets, the following information:
κ1987 Statutes of Nevada, Page 166 (CHAPTER 97, AB 71)κ
(a) The assessed valuation of his property for the current and ensuing fiscal years;
(b) The combined tax rate which applied to his property in the current fiscal year and the proposed combined tax rate for the ensuring fiscal year;
(c) The percentage of increase or decrease, if any, of the combined tax rate for his property proposed for the ensuing fiscal year as compared to the combined tax rate for the current fiscal year;
(d) The amount of tax collected on his property in the current fiscal year and the amount of tax to be collected on his property for the ensuing fiscal year, computed on the basis of the proposed combined tax rate;
(e) The respective amounts of his taxes which will be disbursed to each local government, for debt service and to any other recipient of the tax revenue, presented so as to show the distribution of the total amount of the taxes to be collected from him; and
(f) The percentage of increase or decrease, if any, of each amount shown pursuant to paragraph (e) as compared to the corresponding amount for the current fiscal year.
2. For the purposes of subsection 1, the county auditor shall apply the information contained in each tentative budget to the assessment roll to determine the tax rate necessary to produce the revenue required for each budget and compute a proposed combined tax rate for each property owner. He shall use the tax rate for the current fiscal year for any tentative budget which was not submitted. For each property owner, he shall make available upon request the information ascertained for each of paragraphs (a) to (d), inclusive, and paragraph (f) of subsection 1, and for paragraph (e) an itemized list whose total equals the amount for the ensuing year under paragraph (d).
3. The county auditor shall deliver the information required pursuant to this section to the ex officio tax receiver:
(a) On or before [March] April 25 of each year; and
(b) Within 10 days after the receipt of an amended tentative budget.
Sec. 5. NRS 361.4545 is hereby amended to read as follows:
361.4545 1. On or before [April] May 5 of each year or within 5 days after receiving the projections of revenue from the department, whichever is later, the ex officio tax receivers shall prepare and cause to be published in a newspaper of general circulation in their respective counties, a notice which contains at least the [information required by paragraphs (a) to (e), inclusive:] following information:
(a) A statement that the notice is not a bill for taxes owed but an informational notice. The notice must state:
(1) That public hearings will be held on the dates listed in the notice to adopt budgets and tax rates for the fiscal year beginning on July 1;
(2) That the purpose of the public hearings is to receive opinions from members of the public on the proposed budgets and tax rates before final action is taken thereon; and
κ1987 Statutes of Nevada, Page 167 (CHAPTER 97, AB 71)κ
(3) The tax rate to be imposed by the county and each political subdivision within the county for the ensuing fiscal year if the tentative budgets which affect the property in those areas become final budgets.
(b) A brief description of the limitation imposed by the legislature on the revenue of the local governments.
(c) The dates, times and locations of all of the public hearings on the tentative budgets which affect the taxes on property.
(d) The names and addresses of the county assessor and ex officio tax receiver who may be consulted for further information.
(e) A brief statement of how property is assessed and how the combined tax rate is determined.
The notice must be displayed in the format used for news and must be printed on at least one-half of a page of the newspaper.
2. Each ex officio tax receiver shall prepare and cause to be published in a newspaper of general circulation within the county a notice, displayed in the format used for news and printed in not less than 8-point type, disclosing any increase in the property taxes as a result of any change in the tentative budget. This notice must be published within 10 days after the receipt of the information pursuant to NRS 354.596.
Sec. 6. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.
2. Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the limit imposed by NRS 361.453, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the statutory limit. The chairman shall convene the meeting no later than [May] June 5 of each year.
3. The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, [shall] must be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the statutory limit.
4. The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present.
κ1987 Statutes of Nevada, Page 168 (CHAPTER 97, AB 71)κ
majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the date following the day the meeting is convened. The district attorney [shall be] is the legal adviser for such proceedings.
5. The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.
6. If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On [May] June 25 or, if [May] June 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools.
7. Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by [June] July 30 next after the approval and certification of the rate by the Nevada tax commission.
8. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners [shall] must be forwarded to the county auditor.
Sec. 7. NRS 361.465 is hereby amended to read as follows:
361.465 1. Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners. The county auditor shall proceed to extend the tax roll by:
(a) Applying the tax rate levied to the total assessed valuation;
(b) Ascertaining the total taxes to be collected from each property owner; and
(c) Itemizing, separately for each property owner, the rate of tax applicable to him which is levied for each local government, debt service and any other recipient of the tax revenue so that the distribution of the total rate of tax levied upon his property is shown.
2. When the tax roll has been so extended, and not later than [June 15] July 1 of each year, the county auditor shall deliver it, with his certificate attached, to the ex officio tax receiver of the county.
Sec. 8. NRS 362.130 is hereby amended to read as follows:
362.130 1. When the department determines the net proceeds of any mine or mines, the Nevada tax commission shall prepare its certificate of the amount of the net proceeds of the mine or mines in triplicate and shall file one copy of the certificate with the department, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association which is the owner of the mine, operator of the mine, or recipient of the royalty payment, as the case may be.
κ1987 Statutes of Nevada, Page 169 (CHAPTER 97, AB 71)κ
assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association which is the owner of the mine, operator of the mine, or recipient of the royalty payment, as the case may be.
2. Upon the filing of the copy of the certificate with the county assessor and with the department, the assessment [is] must be made in the amount fixed by the certificate of the Nevada tax commission . [, and taxes thereon at the rate established are immediately due.] The certificate of assessment must be filed and mailed not later than [May] June 25 immediately following the month of February during which the statement was filed.
3. The taxes due must be established on June 25 and the assessment must be mailed on or before the first Monday in July. The taxes are due on the date on which the first installment of taxes paid pursuant to NRS 361.483 are due. If a persons appeal of the certification is pending, he must pay the tax under protest in a timely manner.
Sec. 9. NRS 362.135 is hereby amended to read as follows:
362.135 Any person dissatisfied by any certification of the Nevada tax commission may appeal that determination to the state board of equalization . [after payment of taxes under protest.] The appeal [shall] must be filed within 30 days after the certification is sent to the taxpayer.
Sec. 10. NRS 362.160 is hereby amended to read as follows:
362.160 If the amount of the tax is not paid within 30 days after [the filing of the certificate of assessment with the executive director and the county assessor, the same shall be thereupon] it is due it is delinquent and [shall] must be collected as other delinquent taxes are collected by law, together with the penalties provided for the collection of delinquent taxes.
Sec. 11. The amendatory provisions of sections 1 to 7, inclusive, of this act apply to the preparation of a local governments budget for the fiscal year 1987-88.
Sec. 12. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 170κ
Assembly Bill No. 160Committee on Ways and Means
CHAPTER 98
AN ACT making an appropriation to the Department of Education to settle an audit; and providing other matters properly relating thereto.
[Approved April 21, 1987]
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 Department of Education the sum of $325,000 to settle audit number 0980102.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 197Committee on Natural Resources, Agriculture and Mining
CHAPTER 99
AN ACT relating to the control of pests; revising the requirements for proof of insurance for an applicant for a pest control license; and providing other matters properly relating thereto.
[Approved April 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 555.330 is hereby amended to read as follows:
555.330 1. The executive director shall require from each applicant for a pest control license proof of public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000. The executive director may accept a liability insurance policy or surety bond in the proper amount . [which has a deductible clause in an amount not exceeding $500 for the total amount of liability insurance or surety bond required. However, if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such a deductible clause may not be accepted by the executive director unless the applicant furnishes a surety bond or liability insurance which satisfies the amount deductible as to all claims that may arise in his application of pesticides.]
2. The executive director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation is entitled to sue in his own name in any court of competent jurisdiction to recover the damages he sustained by that breach, if each claim is made within 6 months after the alleged injury.
κ1987 Statutes of Nevada, Page 171 (CHAPTER 99, AB 197)κ
damages he sustained by that breach, if each claim is made within 6 months after the alleged injury.
4. The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed pest control operator. A verified complaint of loss or damage must be filed within 60 days [from] after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint must be furnished to the complainant.
________
Assembly Bill No. 247Committee on Ways and Means
CHAPTER 100
AN ACT making an appropriation to the Department of Education for contract services necessary to validate a competency test for prospective certificated personnel; and providing other matters properly relating thereto.
[Approved April 23, 1987]
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 Department of Education the sum of $70,850 for contract services for the validation of a competency test for the initial certification of prospective teachers, administrators and other certificated personnel.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1989, 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.
________
κ1987 Statutes of Nevada, Page 172κ
Assembly Bill No. 50Committee on Health and Welfare
CHAPTER 101
AN ACT relating to the administration of public health; restricting the time for filling a vacancy in the position of state health officer; and providing other matters properly relating thereto.
[Approved April 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.100 is hereby amended to read as follows:
439.100 [A vacancy in the office]
1. The director shall appoint a state health officer.
2. The position of state health officer [shall] must be filled [by appointment] by the director [.] within 6 months after it becomes vacant, except that if a qualified applicant does not accept the position within that period, the director shall continue his efforts to fill the position until a qualified person accepts the appointment.
________
Senate Bill No. 98Committee on Judiciary
CHAPTER 102
AN ACT relating to the termination of parental rights; including failure of parental adjustment as a ground for termination; and providing other matters properly relating thereto.
[Approved April 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Failure of parental adjustment occurs when a parent or parents are unable or unwilling within a reasonable time to correct substantially the circumstances, conduct or conditions which led to the placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the state or a private person or agency to return the child to his home.
Sec. 3. If a child has been placed in the custody of the welfare division of the department of human resources and the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child so placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment.
κ1987 Statutes of Nevada, Page 173 (CHAPTER 102, SB 98)κ
Sec. 4. NRS 128.010 is hereby amended to read as follows:
128.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 5. NRS 128.105 is hereby amended to read as follows:
128.105 An order of the court for termination of parental rights may be made on the grounds that the termination is in the childs best interest in light of the considerations set forth in this section and NRS 128.106, 128.107 and 128.108:
1. Abandonment of the child;
2. Neglect of the child;
3. Unfitness of the parent;
4. Failure of parental adjustment;
5. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
[5.] 6. Only token efforts by the parent or parents:
(a) To support or communicate with the child;
(b) To prevent neglect of the child;
(c) To avoid being an unfit parent; or
(d) To eliminate the risk of serious physical, mental or emotional injury to the child; or
[6.] 7. With respect to termination of the parental rights of one parent, the abandonment by that parent.
Sec. 6. NRS 128.107 is hereby amended to read as follows:
128.107 If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated, shall consider, without limitation:
1. The services provided or offered to the parent or parents to facilitate a reunion with the child.
2. The physical, mental or emotional condition and needs of the child and his desires regarding the termination, if the court determines he is of sufficient capacity to express his desires.
3. The effort the parent or parents have made to adjust their circumstances, conduct or conditions to make it in the childs best interest to return him to his home after a reasonable length of time, including but not limited to:
(a) The payment of a reasonable portion of substitute physical care and maintenance, if financially able;
(b) The maintenance of regular visitation or other contact with the child which was designed and carried out in a plan to reunite the child with the parent or parents; and
(c) The maintenance of regular contact and communication with the custodian of the child.
4. Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent or parents within a predicable period . [of time.]
κ1987 Statutes of Nevada, Page 174 (CHAPTER 102, SB 98)κ
For purposes of this section, the court shall disregard incidental conduct, contributions, contacts and communications.
________
Assembly Bill No. 65Assemblymen Dini and Schofield
CHAPTER 103
AN ACT relating to the control of water pollution; increasing civil and criminal penalties for violations of certain provisions; and providing other matters properly relating thereto.
[Approved April 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.331 is hereby amended to read as follows:
445.331 1. Any person who violates or aids or abets in the violation of any provision of NRS 445.131 to 445.354, inclusive, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than [$10,000] $25,000 for each day of [such] the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445.131 to 445.354, inclusive.
2. In addition to the penalty provided in subsection 1, the department may recover from [such] the person actual damages to the state resulting from the violation of NRS 445.131 to 445.354, inclusive, any regulation or standard adopted by the commission, or permit or final order issued by the department, except the violation of a provision concerning a diffuse source.
3. Damages may include [any] :
(a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well ; and [may also include compensation]
(b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
Sec. 2. NRS 445.334 is hereby amended to read as follows:
445.334 1. Except as provided in NRS 445.337, any person who intentionally or with criminal negligence violates NRS 445.221 or 445.254, [or any effluent limitation, standard of performance or toxic and pretreatment effluent] any limitation established pursuant to NRS 445.247 and 445.251, [or] the terms or conditions of any permit issued under NRS 445.227 to 445.241, inclusive, or any final order issued under NRS 445.324, except a final order concerning a diffuse source, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $25,000 for each day of the violation or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
κ1987 Statutes of Nevada, Page 175 (CHAPTER 103, AB 65)κ
2. If the conviction is for a second violation of the provisions indicated in subsection 1, [such] the person is guilty of a felony and shall be punished by a fine of not more than $50,000 for each day of the violation or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
3. The penalties imposed by subsections 1 and 2 are in addition to any other penalties, civil or criminal, provided pursuant to NRS 445.131 to 445.354, inclusive.
________
Assembly Bill No. 299Committee on Judiciary
CHAPTER 104
AN ACT relating to corporations; making various changes concerning the merger and consolidations of corporations; and providing other matters properly relating thereto.
[Approved April 23, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 78.470 is hereby amended to read as follows:
78.470 1. [The] Except as otherwise provided in subsection 3, the agreement must be submitted to the stockholders of each constituent corporation at a meeting thereof, called for the purpose of considering and taking action upon the agreement. Notice of the time, place and object of each meeting must be given in the manner required by NRS 78.370 to each stockholder of each of the constituent corporations.
2. [At] Except as otherwise provided in subsection 3, at each meeting the agreement must be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement. The agreement must be approved by the votes of stockholders representing a majority of the shares entitled to vote thereon of each constituent corporation unless stockholders of a class of shares of a constituent corporation are entitled to vote thereon as a class. If stockholders of a class of shares of a constituent are so entitled, the agreement must be approved by the votes of stockholders representing a majority of the shares of each class entitled to vote thereon as a class and representing the total shares entitled to be voted. Stockholders of a class of shares of any constituent corporation are entitled to vote as a class if the agreement contains a provision that, if contained in a proposed amendment to its articles of incorporation, would entitle those stockholders to vote as a class.
3. Unless required by its certificate or articles of incorporation, no vote of stockholders of a constituent corporation surviving a merger is necessary to authorize a merger if:
κ1987 Statutes of Nevada, Page 176 (CHAPTER 104, AB 299)κ
(a) The agreement does not amend in any respect the certificate or articles of incorporation of the constituent corporation;
(b) Each treasury share or share of stock of the constituent corporation outstanding immediately before the effective date of the merger is to be an identical outstanding or treasury share of the surviving corporation after the effective date of the merger; and
(c) Either no shares of common stock of the surviving corporation and no shares, securities or obligations convertible into such stock are to be issued or delivered under the plan of merger, or the authorized unissued shares or the treasury shares of common stock of the surviving corporation to be issued or delivered under the plan of merger plus those initially issuable upon conversion of any other shares, securities or obligations to be issued or delivered under such plan do not exceed 20 percent of the shares of common stock of the constituent corporation outstanding immediately before the effective date of the merger.
If an agreement is adopted by the constituent corporation surviving the merger, by action of its board of directors and without any vote of its stockholders pursuant to this subsection, the president or vice president, and the secretary or assistant secretary of that corporation, shall certify on the agreement that the agreement has been adopted pursuant to this subsection and that, as of the date of the certification, the outstanding shares of the corporation were such as to render this subsection applicable.
4. Any constituent corporation organized under this chapter which has not issued shares of stock may merge or consolidate by the adoption by its board of directors of a resolution approving the agreement.
5. The agreement so adopted and certified must be signed by the president or vice president, and the secretary or assistant secretary, of each constituent corporation, and acknowledged by the president or vice president of each constituent corporation, before a person authorized by the laws of this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation.
[4.] 6. The agreement so certified and acknowledged must be filed in the office of the secretary of state, and then shall be deemed to be the agreement and act of merger or consolidation of the constituent corporations.
[5.] 7. A certified copy thereof is prima facie evidence of the performance of all conditions precedent to the merger or consolidation and of the continued existence of the surviving corporation or of the creation and existence of the consolidated corporation.
[6.] 8. It is lawful to make provision in the certificate or articles of incorporation of any corporation, organized under the laws of this state, requiring a larger vote of stockholders for the approval of a merger or consolidation agreement than the vote required by the provisions of this section.
κ1987 Statutes of Nevada, Page 177 (CHAPTER 104, AB 299)κ
[7.] 9. Different series of the same class of shares shall not be deemed to constitute different classes of shares for the purpose of voting by classes.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 216Committee on Commerce
CHAPTER 105
AN ACT relating to foreign credit unions; providing for the collection of fees for certification; authorizing branch offices under certain circumstances; and providing other matters properly relating thereto.
[Approved April 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 678 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The administrator shall charge and collect a fee of $500 for an initial investigation from each foreign credit union which applies for certification. The fee is not refundable. An annual fee of $500 must be paid by each foreign credit union for its initial office and $100 for each branch office. Costs for additional examinations and investigations must be paid by the credit union at an hourly rate deemed reasonable by the administrator.
Sec. 3. A foreign credit union which has been issued a certificate of authority may apply to the administrator for a certificate of authority to open one or more branch offices in this state. Such an application must be made on a form prescribed by the administrator.
Sec. 4. NRS 678.343 is hereby amended to read as follows:
678.343 Each application for [a] an initial certificate of authority submitted by a foreign credit union must be filed with the administrator on a form prescribed by him and must include:
1. A copy of the instrument or authority by which the credit union was created and a copy of its bylaws.
2. A statement of its membership, if not contained in its bylaws.
3. A copy of the most recent report submitted by the credit union to the authorized officer of the state in which it was organized.
4. Any other information required by the administrator.
________
κ1987 Statutes of Nevada, Page 178κ
Assembly Bill No. 12Committee on Commerce
CHAPTER 106
AN ACT relating to installment loans; expanding the applicability of provisions regarding licensure; and providing other matters properly relating thereto.
[Approved April 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 675.030 is hereby amended to read as follows:
675.030 The legislature finds as facts and determines that:
1. There exists in this state a widespread demand for loans repayable in installments, which loans may or may not be made on substantial security. This demand has been steadily increased by many social and economic factors.
2. The expenses of making and collecting installment loans are necessarily high in relation to the amounts lent.
3. [The need of legislation is especially apparent in the area of loans of $10,000 or less.
4.] It is the purpose of this chapter to:
(a) Bring under public supervision those engaged in the business of making loans ; [of $10,000 or less;]
(b) Attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; and
(c) Ensure the availability in this state of adequate, efficient and competitive financial services.
Sec. 2. NRS 675.060 is hereby amended to read as follows:
675.060 1. No person may engage in the business of lending [in amounts of $10,000 or less, except as authorized by this chapter,] without first having obtained a license from the administrator.
2. [For the purpose of this section a loan shall be deemed to be in the amount of $10,000 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed $10,000.
3.] For the purpose of this section, a person engages in the business of lending if he solicits loans [of $10,000 or less] in this state and, in connection therewith, makes loans to persons in this state, unless these are isolated, incidental or occasional transactions.
Sec. 3. NRS 675.120 is hereby amended to read as follows:
675.120 If the administrator finds:
1. That the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter;
κ1987 Statutes of Nevada, Page 179 (CHAPTER 106, AB 12)κ
2. That allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; and
3. That the applicant , unless he will function solely as a loan broker, has available for the operation of the business at the specified location liquid assets of at least $50,000,
he shall thereupon enter an order granting the application, and file his findings of fact together with the transcript of any hearing held under this chapter, and forthwith issue and deliver a license to the applicant.
Sec. 4. NRS 675.280 is hereby amended to read as follows:
675.280 [No licensee shall] A licensee shall not advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans . [in the amount or of the value of $10,000 or less.]
Sec. 5. NRS 675.330 is hereby amended to read as follows:
675.330 The payment of [$10,000 or less in] money, credit, goods or things in action, as consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services earned or to be earned, shall , for the purposes of regulation under this chapter , be deemed a loan of money secured by [such] the sale, assignment or order. The amount by which [such] the compensation so sold, assigned or ordered paid exceeds the amount of [such] the consideration actually paid shall , for the purposes of regulation under this chapter , be deemed interest or charges on [such] the loan from the date of [such] the payment to the date [such] the compensation is payable. Such a transaction [shall be] is subject to the provisions of this chapter.
Sec. 6. NRS 675.380 is hereby amended to read as follows:
675.380 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the administrator or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:
(a) Any licensee;
(b) Any other person engaged in the business described in NRS 675.060 or participating in such business as principal, agent, broker or otherwise; and
(c) Any person who the administrator has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not [such] the person claims to be within the authority or beyond the scope of this chapter.
2. For the purpose of examination the administrator or his authorized representatives shall have and be given free access to the offices and places of business, files, safes and vaults of such persons.
3. For the purposes of this section, any person who advertises for, solicits or holds himself out as willing to make loan transactions [in the amount or of the value of $10,000 or less] is presumed to be engaged in the business described in NRS 675.060.
κ1987 Statutes of Nevada, Page 180 (CHAPTER 106, AB 12)κ
amount or of the value of $10,000 or less] is presumed to be engaged in the business described in NRS 675.060.
________
Assembly Bill No. 361Assemblymen Dini, Triggs, Arberry, Kissam, Freeman, Gaston, Callister, Haller, Tebbs, Craddock, Lambert, Marvel and Bergevin
CHAPTER 107
AN ACT relating to public schools; authorizing the formation of election districts by certain county school boards; and providing other matters properly relating thereto.
[Approved April 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. In any county school district in which not more than 25,000 pupils are enrolled, the board of trustees may adopt a resolution dividing the geographical area of the school district into a number of election districts identical to the number of trustees.
2. The election districts must:
(a) Be single-member districts.
(b) Be formed with reference to assembly districts as far as is practicable.
(c) Have nearly equal populations as far as is practicable.
3. This section does not authorize any change in the number of members of the board of trustees.
4. If a board of trustees adopts a resolution pursuant to this section, the members of the board continue to hold office until the next following general election.
5. As used in this section, unless the context otherwise requires, assembly district means any district created pursuant to the provisions of chapter 218 of NRS for the election of assemblymen.
Sec. 3. Copies of maps or other documents evidencing the division of the county school district into election districts pursuant to section 2 of this act must be filed with the appropriate county clerk.
Sec. 4. 1. Election districts created pursuant to section 2 of this act may be constructed so that the:
(a) Voters in each election district elect a trustee to represent them; or
(b) Trustees are elected by all of the voters in the county school district.
In either case, each trustee must be a resident of the election district which he represents throughout his term of office.
κ1987 Statutes of Nevada, Page 181 (CHAPTER 107, AB 361)κ
2. The board of trustees shall adopt a resolution, after a public hearing on the matter, determining whether each trustee will be elected solely by the voters in his election district or call of the voters in the county school district.
Sec. 5. NRS 386.120 is hereby amended to read as follows:
386.120 The board of trustees of a county school district consists of five or seven members as follows:
1. If 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as [the appropriate board of county commissioners adopts the] an alternate manner of election [provided in NRS 386.200.] is adopted pursuant to NRS 386.200 or sections 2, 3 and 4 of this act.
2. If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in NRS 386.160 until such time as [the appropriate board of county commissioners adopts the] an alternate manner of election [provided in NRS 386.200.] is adopted pursuant to NRS 386.200 or sections 2, 3 and 4 of this act.
Sec. 6. NRS 386.200 is hereby amended to read as follows:
386.200 1. [The] In addition to the manner of election provided in sections 2, 3 and 4 of this act, the trustees of a county school district may be elected from school trustee election areas in the alternate manner provided in this section.
2. Within 30 days before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district in which 25,000 or fewer pupils are enrolled may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition must specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each [such] area, and the manner of their nomination and election. The number of school trustee election areas proposed must not exceed the number of trustees authorized by law for the particular county school district. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall [make oath,] swear or affirm, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county.
κ1987 Statutes of Nevada, Page 182 (CHAPTER 107, AB 361)κ
month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of the notice is a proper charge against the county school district fund.
4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area must be contiguous. The resolution must further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.
5. Before June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.
6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas must be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas must be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees must be filled for terms of 4 years in the order in which the terms of office expire.
7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created must be a qualified elector and a resident of the school trustee election area which he seeks to represent.
8. The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:
(a) Holding a public hearing of which notice must be given as provided in subsection 3; and
(b) Receiving, at the hearing or by resolution, the consent of the board of trustees of the school district.
9. If the superintendent of public instruction certifies to the county clerk that the [pupil] enrollment of pupils during the preceding school year in a county school district was less than 1,000, and the board of trustees of the county school district is composed of seven elected members based upon a previous [pupil] enrollment of 1,000 or more, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.
κ1987 Statutes of Nevada, Page 183 (CHAPTER 107, AB 361)κ
number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.
10. If the superintendent of public instruction certifies to the county clerk that the [pupil] enrollment of pupils during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members based upon a previous [pupil] enrollment of less than 1,000, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees must thereafter be nominated and elected at the forthcoming elections.
________
Assembly Bill No. 188Committee on Education
CHAPTER 108
AN ACT relating to education; increasing the maximum amount the board of trustees of a school district may pay to parents in lieu of furnishing transportation to a pupil; and providing other matters properly relating thereto.
[Approved April 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.350 is hereby amended to read as follows:
392.350 1. When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed [$6 per school attendance day] $10 per day of attendance at school to assist the parents or guardian in defraying the cost of board, lodging and other subsistence expenses of the pupil to attend a public school in a city or town [, having a public school,] in this state or in an adjoining state. If [such] the public school is in an adjoining county [, or in an adjoining] or state, costs for tuition and subsistence [shall] must be fixed by agreement between the board of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.
2. Payment of money in lieu of furnishing transportation may be made only if:
(a) The guardian or parents have been residents in the area for a period [of time] set by the board of trustees; and
κ1987 Statutes of Nevada, Page 184 (CHAPTER 108, AB 188)κ
(b) The superintendent of public instruction determines that the arrangements comply with regulations of the state board of education.
________
Senate Bill No. 69Senators Raggio, Mello, Beyer, Coffin, Hickey, Jacobsen, Joerg, Jones, Malone, Neal, OConnell, ODonnell, Redelsperger, Shaffer and Townsend
CHAPTER 109
AN ACT relating to public swimming pools; making it unlawful to prohibit a person with a physical disability from using a lifesaving device under certain circumstances; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:
No person may prohibit any person with a physical disability from using a life preserver or other lifesaving device in a public swimming pool if the person using the device presents a written statement signed by a licensed physician indicating that he has a physical disability which requires the use of that device.
Sec. 2. NRS 444.070 is hereby amended to read as follows:
444.070 The health authority shall [have supervision over] supervise the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the state board of health or local board of health [is empowered to] may make and enforce such rules and regulations pertaining thereto as it [shall deem] deems necessary to carry out the provisions of NRS 444.070 to 444.120, inclusive [.] , and section 1 of this act.
Sec. 3. NRS 444.090 is hereby amended to read as follows:
444.090 1. For the purposes of NRS 444.070 to 444.120, inclusive, and section 1 of this act, the health authority [shall] must be permitted to enter upon any and all parts of the premises of [such] bathing and swimming places to [make examination and investigation to determine] examine and investigate the sanitary condition of such places and to determine whether the provisions of NRS 444.070 to 444.120, inclusive, and section 1 of this act, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.
2. The results of [such inspection shall] an inspection must be reported to the health authority within 7 days following the inspection.
3. The health authority may [, from time to time, at their discretion] publish the [reports of such] report of the inspection.
κ1987 Statutes of Nevada, Page 185 (CHAPTER 109, SB 69)κ
Sec. 4. NRS 444.100 is hereby amended to read as follows:
444.100 Any permit granted by the health authority [as provided in NRS 444.070 to 444.120, inclusive, shall be] pursuant to NRS 444.080 is revocable or subject to suspension at any time by formal action of the state board of health or local board of health if the board [shall determine as a fact] determines that the swimming or bathing [places are] place is being conducted in a manner insanitary, unclean or dangerous to public health [.] , or in violation of section 1 of this act.
Sec. 5. NRS 444.120 is hereby amended to read as follows:
444.120 1. Any person, firm or corporation, whether as principal or agent, or employer or employee, who violates any of the provisions of NRS 444.070 to 444.110, inclusive, [shall be] and section 1 of this act, is guilty of a misdemeanor.
2. Each day that conditions or actions in violation of NRS 444.070 to 444.110, inclusive, [shall] and section 1 of this act, continue shall be deemed [to be] a separate and distinct offense.
________
Assembly Bill No. 463Committee on Judiciary
CHAPTER 110
AN ACT relating to gaming; reducing the period of notice for adoption of a regulation by the Nevada gaming commission; permitting the commission to hold a hearing at any location; making various technical and administrative changes; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.145 is hereby amended to read as follows:
463.145 1. The commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:
(a) At least 30 days [prior to] before the initial meeting of the commission and 20 days before any subsequent meeting at which the adoption, amendment or repeal of a regulation [,] is considered, notice of the proposed action [shall] must be:
(1) Published in such newspaper as the commission [shall prescribe;] prescribes;
(2) Mailed to every person who has filed a request therefor with the commission; and
(3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission [may prescribe.] prescribes.
κ1987 Statutes of Nevada, Page 186 (CHAPTER 110, AB 463)κ
(b) The notice of proposed adoption, amendment or repeal [shall] must include:
(1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;
(2) Reference to the authority under which the action is proposed; and
(3) Either the express terms or an informative summary of the proposed action.
(c) On the date at the time and place designated in the notice, the commission shall afford any interested person or his [duly] authorized representative, or both, the opportunity to present statements, arguments [,] or contentions in writing, with or without opportunity to present [the same] them orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.
(d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. [Such petition shall] The petition must state, clearly and concisely:
(1) The substance or nature of the regulation, amendment or repeal requested;
(2) The reasons for the request; and
(3) Reference to the authority of the commission to take the action requested.
Upon receipt of the petition, the commission shall within 30 days deny the request in writing or schedule the matter for action pursuant to this subsection.
(e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.
2. In any hearing under this section, the commission or its duly authorized representative [shall have authority to] may administer oaths or affirmations, and may continue or postpone [such] the hearing from time to time and at such [place] places as it prescribes.
3. The commission may request the advice and assistance of the [gaming control] board in carrying out the provisions of this section.
Sec. 2. NRS 463.153 is hereby amended to read as follows:
463.153 1. Within 30 days after service by mail or in person or 60 days [from the time of] after the last publication, as provided in NRS 463.152, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing, but in no way affects his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing . [, which must be held in the offices of the board at Carson City or Las Vegas, Nevada.] This hearing must not be held later than 30 days after receipt of the demand for the hearing, unless the time [and place] of the hearing [are] is changed by agreement of the commission and the person demanding the hearing.
κ1987 Statutes of Nevada, Page 187 (CHAPTER 110, AB 463)κ
[and place] of the hearing [are] is changed by agreement of the commission and the person demanding the hearing.
3. If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed under NRS 463.220 and 463.225 of its determination.
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. This order is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315 to 463.318, inclusive.
Sec. 3. NRS 463.225 is hereby amended to read as follows:
463.225 1. If satisfied that an applicant is eligible to receive a state gaming , manufacturing, selling, distributing or pari-mutuel wagering license, and upon tender of all license fees and taxes as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission shall issue [to the applicant named, under the name or style designated, such license as may be appropriate or as is provided by law.] and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed. The commission shall prepare and maintain a written record of the specific terms and conditions of any license issued and delivered and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee.
2. The commission shall fix the amount of the bond to be required under subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. The bond must be furnished in cash or negotiable securities. If furnished in:
(a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as an agency fund.
(b) Negotiable securities, the principal must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.
Sec. 4. NRS 463.260 is hereby amended to read as follows:
463.260 1. All licenses issued under the provisions of this chapter [shall] must be posted by the licensee and kept posted at all times in a conspicuous place in the establishment for which issued until replaced by a succeeding license.
2. All [such] licenses may be inspected by authorized state, county, city and town officials . [, who shall report, in writing, to the board, the commission and the sheriff of the county wherein such games and slot machines are located any and all games and slot machines found to be operating without a valid license.]
κ1987 Statutes of Nevada, Page 188 (CHAPTER 110, AB 463)κ
machines are located any and all games and slot machines found to be operating without a valid license.]
Sec. 5. NRS 463.362 is hereby amended to read as follows:
463.362 1. Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the patrons satisfaction and the dispute involves:
(a) At least $500, the licensee shall immediately notify the board; or
(b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.
The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether [or not] payment should be made.
2. The boards agent shall [notify] mail written notice to the board, the licensee and the patron of his decision resolving the dispute, [in writing,] return receipt requested, within 30 days after the date when the board first received notification from the licensee or a request to conduct an investigation from the patron.
3. Failure to notify the board or patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.
4. The decision of the boards agent is effective on the date the aggrieved party receives notice of the decision. The date of receipt is presumed to be the date specified on the return receipt.
Sec. 6. NRS 463.363 is hereby amended to read as follows:
463.363 1. Within 20 days after the date of receipt of the agents written decision, the aggrieved party may file a petition with the board requesting a hearing to reconsider the decision. The date of receipt is presumed to be the date specified on the return receipt.
2. The petition must set forth the basis of the request for reconsideration.
[2.] 3. If no petition for reconsideration is filed within [20 days after the date of the agents decision,] the time prescribed in subsection 1, the decision shall be deemed final action on the matter and is not subject to reconsideration by the board or to review by the commission or any court.
[3.] 4. The party requesting the hearing must provide a copy of the petition to the other party.
[4.] 5. Within 15 days after service of the petition, the responding party may answer the allegations contained therein by filing a written response with the board.
[5.] 6. The board shall schedule a hearing and may conduct the hearing as provided in subsection 4 of NRS 463.110, except that notice of the date, time and place of the hearing must be provided by the board to both parties.
[8.] 7. The hearing must be conducted in accordance with NRS 463.3125, 463.313, 463.3136 and 463.314 , [and] subsection 4 of NRS 463.312 and subsection 2 of NRS 463.3133, except that the board must be substituted for the commission.
Sec. 7. 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 does not affect the result of a wager by determining wins or losses,] who sells, transfers or offers the [components] associated equipment 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.]
κ1987 Statutes of Nevada, Page 189 (CHAPTER 110, AB 463)κ
by determining wins or losses,] who sells, transfers or offers the [components] associated equipment 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.] a manufacturer or distributor of associated equipment.
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] a manufacturer or distributor [.] of associated equipment.
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. 8. NRS 463B.080 is hereby amended to read as follows:
463B.080 1. Except as provided in subsection 5, if the license of any person whose license is essential to the operation of a gaming establishment:
(a) Is revoked by the commission ; [or by a court of this state;]
(b) Is suspended by the commission; or
(c) [Has not been renewed by the commission for a failure to comply with a condition which was previously placed on the license,] Lapses,
only the commission may ex parte petition the district court for the county in which the gaming establishment is located for appointment by the court of a supervisor to manage the establishment. [Such a] The petition is discretionary with the commission and this chapter does not create any property right or interest in continued gaming at the establishment.
2. The petition must contain the names of two or more persons who the commission believes are suitable and qualified to manage a gaming establishment and are available for appointment as a supervisor.
3. Upon receipt of such a petition, the court shall appoint as supervisor of the gaming establishment a person who is listed in the petition. The court shall immediately notify the commission of the appointment. Upon receipt of notice from the court, the commission shall immediately notify all interested licensees.
4. The petition may be presented pursuant to this section even if time has not expired for a petition for judicial review of the final determination of the commission to revoke or suspend the gaming license.
5. The commission shall not petition any court for the appointment of a supervisor pursuant to this section if:
(a) The gaming establishment has never been in operation and opened to the public.
(b) A rehearing has been granted by the commission to the licensee on the revocation or suspension of his license and the rehearing has not been concluded.
κ1987 Statutes of Nevada, Page 190 (CHAPTER 110, AB 463)κ
6. If the commission does not petition for the appointment of a supervisor, no district court of this state may issue an order which allows gaming to continue at the establishment.
________
Senate Bill No. 77Committee on Commerce and Labor
CHAPTER 111
AN ACT relating to physicians; exempting certain physicians from the requirement of being licensed; allowing any member of the board of medical examiners to administer oaths at meetings; strengthening the requirements for licensure of medical doctors; providing that a medical doctor closing his practice must notify the board of the location of his patients records; increasing certain fees; allowing the use of silicone oil to treat detached retinas; providing for the confidentiality of certain investigations; limiting the use of the title M.D.; providing penalties; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
Every person desiring to practice medicine must complete a course of study which:
1. Consists of a minimum curriculum of 4,000 hours and requires the student to attend 80 percent of these hours.
2. Provides for adequate instruction in:
(a) Anatomy, including embryology, histology and neuroanatomy.
(b) Anesthesia.
(c) Biochemistry.
(d) Dermatology.
(e) Medicine, including geriatrics.
(f) Neurology.
(g) Obstetrics and gynecology.
(h) Ophthalmology.
(i) Otolaryngology.
(j) Pathology, bacteriology and immunology.
(k) Pediatrics.
(l) Pharmacology.
(m) Physical medicine.
(n) Physiology.
(o) Preventive medicine, including nutrition.
(p) Psychiatry.
(q) Radiology, including radiation safety.
(r) Surgery, including orthopedic surgery.
κ1987 Statutes of Nevada, Page 191 (CHAPTER 111, SB 77)κ
(s) Therapeutics.
(t) Tropical medicine.
(u) Urology.
3. Requires that instruction in clinical courses include a minimum of 72 weeks in length.
4. Requires that instruction in the core clinical courses of surgery, medicine, pediatrics and obstetrics and gynecology include a minimum of 36 weeks in length, with a minimum of 8 weeks instruction in surgery, 8 weeks in medicine, 6 weeks in pediatrics and 6 weeks in obstetrics and gynecology.
5. Requires that of the instruction required in clinical courses as described above, 60 weeks must be performed in a hospital that sponsors the instruction and must meet one of the following requirements:
(a) Is a formal part of the medical school.
(b) Isa formally affiliated with a medical school in the United States approved by the Liaison Committee for Medical Education or in Canada approved by the Committee for Accreditation of Canadian Medical Schools.
(c) Is formally affiliated with a medical school located outside the United States or Canada, and meets the following requirements:
(1) The formal affiliation must be documented by a written contract specifying the relationship between the medical school and hospital and the responsibilities of each.
(2) The school and hospital shall provide to the board a description of the clinical program. The description must be in sufficient detail to enable the board to determine whether the program provides students an adequate medical education.
(3) The hospital, if located in the United States, must be accredited by the Joint Commission of Accreditation of Hospitals, and if located in another county, must be accredited in accordance with the laws of that country.
(4) The clinical instruction must be supervised by a full-time director of medical education, and the head of the department for each core clinical course must hold a full-time appointment to the faculty of the medical school and be board certified or have an equivalent credential in that specialty appropriate to the country in which the hospital is located.
(5) The clinical instruction must be conducted pursuant to a written program of instruction provided by the school.
(6) The school must supervise the operation of the program on a regular basis, and document the level and extent of its supervision.
(7) The hospital-based faculty shall evaluate each student on a regular basis and must document the completion of each aspect of the program for each student.
(8) The hospital shall ensure a minimum daily number of patients adequate to meet the instructional needs of the number of students enrolled in each course area of clinical instruction, but not less than 15 patients in each course area of clinical instruction.
κ1987 Statutes of Nevada, Page 192 (CHAPTER 111, SB 77)κ
Sec. 2. NRS 630.047 is hereby amended to read as follows:
630.047 1. This chapter does not apply to:
(a) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties for which a license is not required;
(b) Physicians who are called into this state, other than on a regular basis, for consultation with or assistance to a physician licensed in this state, and who are legally qualified to practice in the state where they reside; [and]
(c) Physicians who are legally qualified to practice in the state where they reside and come into this state on an irregular basis to:
(1) Obtain medical training approved by the board from a physician who is licensed in this state; or
(2) Provide medical instruction or training approved by the board to physicians licensed in this state; and
(d) Any person permitted to practice any other healing art under this Title who does so within the scope of that authority, or healing by faith or Christian Science.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 3. NRS 630.120 is hereby amended to read as follows:
630.120 1. The board shall procure a seal.
2. All licenses issued to physicians and certificates issued [by the board] to physicians assistants must bear [its] the seal of the board and the signatures of its president and secretary-treasurer.
Sec. 4. NRS 630.140 is hereby amended to read as follows:
630.140 1. The board may hold hearings and conduct investigations pertaining to its duties imposed under this chapter and take evidence on any such matter under inquiry before the board. For the purposes of this chapter:
(a) [The secretary-treasurer of the board, or in his absence any member of the board,] Any member of the board or other person authorized by law may administer oaths; and
(b) The secretary-treasurer or president of the board or a hearing officer or the presiding member of a committee investigating a complaint may issue subpenas to compel the attendance of witnesses and the production of books, X-rays and medical records and other papers. The secretary-treasurer, president or other officer of the board acting on its behalf must sign the subpena.
2. If any person fails to comply with the subpena within 10 days [of] after its issuance, the secretary-treasurer or president of the board may petition the district court for an order of the court compelling compliance with the subpena.
3. Upon such a petition, the court shall enter an order directing the person subpenaed 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 [from] after the date of the order, and then and there show cause why he has not complied with the subpena.
κ1987 Statutes of Nevada, Page 193 (CHAPTER 111, SB 77)κ
by the court in its order, the time to be not more than 10 days [from] after the date of the order, and then and there show cause why he has not complied with the subpena. A certified copy of the order must be served upon the person subpenaed.
4. If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order compelling compliance with the subpena, and upon failure to obey the order the person shall be dealt with as for contempt of court.
Sec. 5. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine [shall,] must, before beginning to practice, procure from the board a license authorizing him to practice.
2. A license may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(b) Has completed the course of study set forth in section 1 of this act and received the degree of Doctor of Medicine from [the] a medical school :
(1) Approved by the Liaison Committee for Medical Education of the American Medical Association and American Association of Medical Colleges; or
(2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee for Medical Education,
which he attended the 2 years immediately preceding the granting of the degree;
(c) Has passed:
(1) All parts of the examination given by the National Board of Medical Examiners; [or]
(2) All parts of the Federation Licensing Examination; or
(3) All parts of a licensing examination given by any state or territory of the United States if the applicant is certified by a specialty board of the American Board of Medical Specialties. Any licensee licensed under this subparagraph must be issued a license to practice medicine in this state restricted to practice in the area of his certification only;
(d) Has completed 3 years of:
(1) [Training] Graduate education as a resident in the United States or Canada [;] in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association; or
(2) Fellowship training in the United States or Canada approved by the board or the Accreditation Council for Graduate Medical Education; and
(e) Appears personally before the board and satisfactorily passes a written or oral examination, or both, as to his qualifications to practice medicine [.] and provides the board with a description of the clinical program completed demonstrating that the applicants clinical training met the requirements of paragraph (b) of subsection 2.
κ1987 Statutes of Nevada, Page 194 (CHAPTER 111, SB 77)κ
Sec. 6. NRS 630.165 is hereby amended to read as follows:
630.165 1. Any applicant for a license to practice medicine shall submit to the board, on a form provided by the board, an application in writing, accompanied by an affidavit stating that:
(a) The applicant is the person named in the proof of graduation and that it was obtained without fraud or misrepresentation or any mistake of which the applicant is aware; and
(b) The information contained in the application and any accompanying material are complete and correct.
2. In addition to the other requirements for licensure, the board may require further evidence of the mental, physical, medical or other qualifications of the applicant it considers necessary.
3. The applicant bears the burden of proving and documenting his qualifications for licensure.
4. If an applicant does not appear for two consecutive examinations after receiving notification by the board that his application is complete, the board shall reject the application.
Sec. 7. NRS 630.190 is hereby amended to read as follows:
630.190 1. If the applicant fails [the] any examination required for licensing under this chapter, whether or not taken in this state or elsewhere, he may be re-examined after not less than 6 months.
2. If he fails [the] any examination on his second attempt, whether or not taken in this state or elsewhere, he is not entitled to a third attempt within less than 1 year after the date of the second attempt. Before taking [the] any examination for the third time, he shall furnish proof satisfactory to the board of 1 additional year of training as a resident , in a residency program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association completed after his second attempt to pass the examination.
3. If an applicant fails the examination after three attempts, whether or not taken in this state or elsewhere, he must show the board by clear and convincing evidence that extraordinary circumstances justify allowing him to take the examination again.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 630.220 is hereby amended to read as follows:
630.220 The board shall maintain records pertaining to applicants to whom licenses or permits have been issued or denied. [Such] The records must be open to the public and must include:
1. The name of each applicant.
2. The name of the school granting the diploma to the applicant.
3. The date of the diploma.
4. The address [of the residence] of the applicant.
5. The date of issuance or denial of the license.
Sec. 10. NRS 630.254 is hereby amended to read as follows:
630.254 1. Any licensee who changes the location of his office shall notify the board of the change before practicing at the new location.
κ1987 Statutes of Nevada, Page 195 (CHAPTER 111, SB 77)κ
2. Any licensee who closes his office shall:
(a) Notify the board of this occurrence within 14 days after the closure; and
(b) For a period of 5 years thereafter keep the board apprised of the location of the medical records of his patients.
Sec. 11. NRS 630.255 is hereby amended to read as follows:
630.255 1. Any licensee who changes the location of his practice of medicine from this state to another state or country, has never engaged in the practice of medicine in this state after licensure or has ceased to engage in the practice of medicine in this state for [a period of] 12 consecutive months must be placed on inactive status upon notification to the board.
2. Before resuming the practice of medicine in this state, the inactive registrant shall:
(a) Notify the board of his intent to resume the practice of medicine in this state;
(b) File an affidavit with the board describing his activities during the period of his inactive status;
(c) Complete the form for registration for active status; [and]
(d) Pay the applicable fee for biennial registration [.] ; and
(e) Satisfy the board of his competence to practice medicine.
3. If the board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.
Sec. 12. NRS 630.256 is hereby amended to read as follows:
630.256 1. If a licensee retires from the practice of medicine, he shall notify the board in writing of his intention to retire, and the board shall record the fact of retirement. A licensee who is retired may not engage in the practice of medicine. [If a] Any licensee who is retired and desires to return to the practice of medicine, [he shall apply to the board for registration and pay the applicable fee for biennial registration.] must, before resuming the practice of medicine in this state:
(a) Notify the board of his intent to resume the practice of medicine in this state;
(b) File an affidavit with the board describing his activities during the period of his retired status;
(c) Complete the form for registration for active status;
(d) Pay the applicable fee for biennial registration; and
(e) Satisfy the board of his competence to practice medicine.
2. If the board determines that the conduct or competence of the registrant during the period of retirement would have warranted denial of an application for a license to practice medicine in this state, the board may refuse to place the registrant on active status.
Sec. 13. NRS 630.265 is hereby amended to read as follows:
630.265 1. The board may issue to a qualified applicant , who upon completion of residency will be eligible for an active license, a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
κ1987 Statutes of Nevada, Page 196 (CHAPTER 111, SB 77)κ
license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:
(a) A graduate of an accredited medical school in the United States or Canada; or
(b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that commission that he passed the examination given by it.
2. The medical school or other institution sponsoring the program shall provide the board with written confirmation that the applicant has been appointed to a position in the program [.] and is a citizen of the United States or lawfully entitled to remain and work in the United States. Such a license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.
3. The board may issue such a limited license for not more than 1 year but may renew the license.
4. The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program and the board.
5. A limited license granted under this section may be revoked by the board at any time for any of the grounds provided in NRS 630.301 to 630.3065, inclusive.
Sec. 14. NRS 630.288 is hereby amended to read as follows:
630.288 1. Each holder of a license to practice medicine must pay to the secretary-treasurer of the board on or before July 1 of each alternate year the applicable fee for biennial registration. This fee must be collected for the period for which a physician is licensed.
2. When a holder of a license fails to pay the fee for biennial registration after it becomes due, his license to practice medicine in this state is automatically suspended. The [board shall restore his license] holder may, within 2 years after the date his license is suspended, upon payment of twice the amount of the current fee for biennial registration [and upon a finding that the physician is] to the secretary-treasurer, and after he is found to be in good standing and qualified under the provisions of this chapter [.] , be reinstated to practice.
3. The board shall notify a licensee:
(a) At least once that his fee for biennial registration is due; and
(b) That his license is suspended for nonpayment of the fee. A copy of this notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 15. NRS 630.290 is hereby amended to read as follows:
630.290 1. The board shall charge and collect not more than the following fees:
κ1987 Statutes of Nevada, Page 197 (CHAPTER 111, SB 77)κ
For application for and issuance of a license by written examination, in addition to the actual cost to the board of the examination................... $400
For application for and issuance of a temporary, locum tenens, limited, restricted or special license.............................................................. [100] 300
For renewal of a limited, restricted or special license....................... 50
For application for and issuance of a certificate as a physicians assistant ............................................................................................... 200
For renewal of a certificate as a physicians assistant..................... 100
For biennial registration........................................................................ 400
For biennial registration for a physician who is retired, on inactive status or not practicing medicine in Nevada................................................ 200
For the administration of the Federation Licensing Examination... $300
For the administration of any one part of the Federation Licensing Examination............................................................................................. [100] 200
For re-examination on the Federation Licensing Examination......... 200
For the administration of any one part of the Federation Licensing Examination as a courtesy to a person who is applying for licensure in another state ............................................................................................... 200
For written verification of licensure.................................................... 50
For a duplicate identification card....................................................... 25
For a duplicate license........................................................................... 50
For computer printouts or labels......................................................... 50
For verification of a listing of physicians, per hour.......................... 20
For furnishing a directory of physicians to a person who is not licensed pursuant to this chapter............................................................................ 10
For furnishing a list of new physicians to a person who is not in the medical profession.................................................................................. 30
2. In addition to the fees prescribed in subsection 1, the board shall charge and collect [a] :
(a) A fee to reimburse it for the cost of the Federation Licensing Examination [.] ; and
(b) Necessary and reasonable fees for its other services.
3. The cost of any special meeting called at the request of a licensed physician, institution, organization, state agency or applicant for licensure, must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the board sufficient to defray all expenses of the meeting.
Sec. 16. NRS 630.301 is hereby amended to read as follows:
630.301 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
κ1987 Statutes of Nevada, Page 198 (CHAPTER 111, SB 77)κ
1. Conviction of a felony, any offense involving moral turpitude or any offense relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this section.
2. Suspension, revocation, modification or limitation of the license to practice medicine by any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the armed services of the United States, an insurance company, an agency of the Federal Government or an employer.
3. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
Sec. 17. NRS 630.304 is hereby amended to read as follows:
630.304 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
1. Obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice medicine by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.
2. Advertising the practice of medicine in a false, deceptive or misleading manner.
3. Practicing or attempting to practice medicine under another name.
4. Signing a blank prescription form.
5. Influencing a patient in order to engage in sexual activity with the patient or with others.
6. Attempting directly or indirectly, by way of intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
7. Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
Sec. 18. NRS 630.305 is hereby amended to read as follows:
630.305 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
1. Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physicians objective evaluation or treatment of a patient.
2. Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.
3. Charging for visits to the physicians office which did not occur or for services which were not rendered or documented in the records of the patient.
κ1987 Statutes of Nevada, Page 199 (CHAPTER 111, SB 77)κ
4. Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.
5. Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.
6. Failing to disclose to a patient any financial or other conflict of interest.
Sec. 19. NRS 630.306 is hereby amended to read as follows:
630.306 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
1. Inability to practice medicine with reasonable skill and safety [due to] because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.
2. Engaging in any conduct:
(a) Which is intended to deceive; or
(b) Which the board has determined is a violation of the standards of practice established by regulation of the board.
3. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.
4. Performing, assisting or advising the injection of any substance containing liquid silicone into the human body [.] , except for the use of silicone oil to repair a retinal detachment.
5. Practicing or offering to practice beyond the scope permitted by law, or performing services which the licensee knows or has reason to know that he is not competent to perform.
6. Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine are experimental.
7. Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.
8. Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
9. Failing to comply with the requirements of NRS 630.254.
10. Habitual intoxication from alcohol or dependency on controlled substances.
11. Failure by a licensee or applicant to report, within 30 days, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.
12. Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
Sec. 20. NRS 630.3062 is hereby amended to read as follows:
630.3062 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
κ1987 Statutes of Nevada, Page 200 (CHAPTER 111, SB 77)κ
1. Failure to maintain medical records relating to the diagnosis, treatment and care of a patient.
2. Altering medical records of a patient.
3. Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or willfully obstructing or inducing another to obstruct such filing.
4. Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061.
5. Failure to report any claim for malpractice or negligence filed against the licensee and the subsequent disposition thereof within 90 days after the:
(a) Claim is filed; and
(b) Disposition of the claim.
6. Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the board.
Sec. 21. NRS 630.3065 is hereby amended to read as follows:
630.3065 The following acts, among others, constitute grounds for initiating disciplinary action [:] or denying licensure:
1. Willful disclosure of a communication privileged under a statute or court order.
2. Willful failure to comply with any regulation, subpena or order of the board or with any court order relating to this chapter or with any provision of this chapter.
3. Willful failure to perform any statutory or other legal obligation imposed upon a licensed physician.
Sec. 21.5. NRS 630.311 is hereby amended to read as follows:
630.311 1. The board or a committee of its members designated by the board shall review a complaint and conduct an investigation to determine whether there is a reasonable basis for the complaint. If a committee is designated, it must be composed of at least three members of the board, at least one of whom is qualified pursuant to subsection 2 of NRS 630.060. The committee may issue orders to aid its investigation including, but not limited to, compelling a physician to appear before the committee.
2. Following the investigation, the committee shall present its evaluation and recommendations to the board. The board shall review the committees findings to determine whether to take any further action, but no member or advisory member of the board who participated in the investigation may participate in this review or in any subsequent hearing or action taken by the board.
Sec. 22. NRS 630.318 is hereby amended to read as follows:
630.318 1. If the board or any investigative committee of the board has reason to believe that the conduct of any physician has raised a reasonable question as to his competence to practice medicine with reasonable skill and safety to patients, it may order that the physician undergo a mental or physical examination or an examination testing his competence to practice medicine by physicians or other examinations designated by the board to assist the board or committee in determining the fitness of the physician to practice medicine.
κ1987 Statutes of Nevada, Page 201 (CHAPTER 111, SB 77)κ
assist the board or committee in determining the fitness of the physician to practice medicine.
2. For the purposes of this section:
(a) Every physician who applies for a license or who is licensed under this chapter shall be deemed to have given his consent to submit to a mental or physical examination or an examination testing his competence to practice medicine when ordered to do so in writing by the board.
(b) The testimony or reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes as admission of the charges against him.
Sec. 23. NRS 630.333 is hereby amended to read as follows:
630.333 1. In addition to any other remedy provided by law, the board, through its president or, secretary-treasurer or the attorney general, may apply to any court of competent jurisdiction:
(a) To enjoin any prohibited act or other conduct of a physician which is harmful to the public;
(b) To enjoin any person who is not licensed under this chapter from practicing medicine; [or]
(c) To limit the physicians practice or suspend his license to practice medicine [.] ; or
(d) To enjoin the use of the title M.D. when not licensed by the board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:
(a) Without proof of actual damage sustained by any person;
(b) Without relieving any person from criminal prosecution for engaging in the practice of medicine without a license; and
(c) Pending proceedings for disciplinary action by the board.
Sec. 24. NRS 630.336 is hereby amended to read as follows:
630.336 1. Any proceeding of a committee of the board investigating complaints is not subject to the requirements of NRS 241.020, unless the licensee under investigation requests that the proceeding be subject to those requirements. Any deliberations conducted or [votes] vote taken by [the] :
(a) The board or panel regarding its decision ; or
(b) The board or any investigative committee of the board regarding its ordering of a physician to undergo a physical or mental examination or any other examination designated to assist the board or committee in determining the fitness of a physician,
are not subject to the requirements of NRS 241.020.
2. Except as otherwise provided in subsection 3, all applications for a license to practice medicine, any charges filed by the board, financial records of the board, formal hearings on any charges heard by the board or a panel selected by the board, records of such hearings and any order or decision of the board or panel must be open to the public.
κ1987 Statutes of Nevada, Page 202 (CHAPTER 111, SB 77)κ
a panel selected by the board, records of such hearings and any order or decision of the board or panel must be open to the public.
3. The following may be kept confidential:
(a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;
(b) All investigations and records of investigations;
(c) Any report concerning the fitness of any person to receive or hold a license to practice medicine;
(d) Any communication between:
(1) The board and any of its committees or panels; and
(2) The board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the board; and
(e) Any other information or records in the possession of the board.
4. This section does not prevent or prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency. Such cooperation may include providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.
Sec. 25. NRS 630.339 is hereby amended to read as follows:
630.339 1. If, after an investigation by a committee or on its own initiative, the board decides to proceed with disciplinary action, it shall bring charges against a licensee and fix a time and place for a formal hearing. It shall notify the licensee of the charges brought against him, including the time and place set for the hearing, and of the possible sanctions authorized in NRS 630.352.
2. The board, a hearing officer or a panel of its members designated by the board shall hold the formal hearing on the charges at the time and place designated in the notification. If the hearing is before a panel, at least one member of the board who is not a physician must participate in this hearing . [and in the final recommendation of the panel to the board.]
Sec. 26. NRS 630.400 is hereby amended to read as follows:
630.400 Any person who:
1. Presents to the board as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board;
3. Practices medicine under a false or assumed name or falsely personates another licensee;
4. Except as otherwise provided by specific statute, practices medicine without being licensed under this chapter; [or]
5. Holds himself out as a physicians assistant or who uses any other term indicating or implying that he is a physicians assistant without being certified by the board [,] ; or
6. Uses the title M.D., when not licensed by the board pursuant to this chapter, unless otherwise authorized by a specific statute, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
κ1987 Statutes of Nevada, Page 203 (CHAPTER 111, SB 77)κ
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 27. NRS 202.248 is hereby amended to read as follows:
202.248 1. [It] Except for use in the treatment of retinal detachment, it is unlawful for any person to:
(a) Inject any liquid silicone substance into the human body; or
(b) Sell or offer for sale in this state any liquid silicone substance for the purpose of injection into the human body.
2. [Every] Any person who violates the provisions of subsection 1 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.
Sec. 28. NRS 630.185 and 630.295 are hereby repealed.
________
Assembly Bill No. 355Committee on Government Affairs
CHAPTER 112
AN ACT relating to county government; changing the procedure for the sale of a countys real property at auction; allowing a county to exchange real property acquired by dedication for other property; resolving a statutory conflict by allowing real property acquired by dedication to be given back to the present owners of the property from which the dedication was made; requiring the levy of a tax for the support of a county fire department to include any indebtedness incurred for its buildings and equipment; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 244.279, before ordering the sale at auction of any real property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to sell the property at auction. The resolution must:
(a) Describe the property proposed to be sold in such a manner as to identify it.
(b) Specify the minimum price and the terms upon which it will be sold.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed bids will be received and considered.
2. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
κ1987 Statutes of Nevada, Page 204 (CHAPTER 112, AB 355)κ
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
3. At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
4. Before accepting any written bid, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
5. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
6. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale.
7. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of his contract which are to be performed concurrently therewith.
8. All money received from sales of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 2. NRS 244.276 is hereby amended to read as follows:
244.276 1. Except as provided in subsection 2, any county may buy, sell or exchange property in the manner set forth in subsection 3, and without complying with the provisions of NRS 244.281, when deemed necessary or proper to realign, change, vacate or otherwise adjust any of the streets, alleys, avenues or other thoroughfares, or portions thereof, within its limits.
2. If the county acquired the property by dedication, the property [shall] may not been sold [or exchanged and shall] and ownership must revert to the abutting property owners in the proportion that the property was dedicated by them or their predecessors in interest. In the case of realignment, the property may be exchanged for other real property.
3. When a petition signed by all property holders owning or controlling property abutting on any street, avenue, alley or other thoroughfare, which may be affected by realignment, change, vacation or adjustment, is presented to any board of county commissioners, praying to have the street, alley, avenue or other thoroughfare realigned, changed, vacated or otherwise adjusted, or upon the resolution of the board of county commissioners, the board of county commissioners may make the realignment, change, vacation or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, in order to carry out any necessary realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.
κ1987 Statutes of Nevada, Page 205 (CHAPTER 112, AB 355)κ
or other adjustment as it may deem proper, by purchase, sale, proceedings in eminent domain or exchange of county property, including portions of streets, alleys, avenues or other thoroughfares, in order to carry out any necessary realignment, change, vacation or other adjustment whenever the board of county commissioners considers it to be in the best interests of the county.
Sec. 3. NRS 244.281 is hereby amended to read as follows:
244.281 Except as otherwise provided in NRS 244.279 and 244.288:
1. When a board of county commissioners has determined by resolution that the sale or exchange of any real property owned by the county will be for purposes other than to realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, within the county and will be in the best interest of the county, it may:
(a) Sell the property at public auction, in the manner prescribed for the sale of real property [on execution.] in section 1 of this act.
(b) Sell the property through a licensed real estate broker, or if there is no real estate broker resident of the county, the board of county commissioners may negotiate the sale of the property. No exclusive listing may be given. In all listings, the board of county commissioners shall specify the minimum price, the terms of sale and the commission to be allowed, which must not exceed the normal commissions prevailing in the community at the time.
(c) Exchange the property for other real property of substantially equal value, or for other real property plus an amount of money equal to the difference in value, if it has also determined by resolution that the acquisition of the other real property will be in the best interest of the county.
2. Before the board of county commissioners may sell or exchange any real property as provided in paragraphs (b) and (c) of subsection 1, it shall publish a notice of its intention to sell or exchange once a week for 3 weeks in a newspaper qualified under chapter 238 of NRS. In case of:
(a) A sale, the notice must state the name of the licensed real estate broker handling the sale and invite interested persons to negotiate with him.
(b) An exchange, the notice must call for offers of cash or exchange. The commission shall accept the highest and best offer.
3. If the board of county commissioners by its resolution further finds that the property to be sold is worth more than $1,000, the board shall appoint one or more disinterested, competent real estate appraisers to appraise the property, and shall not sell or exchange it for less than the appraised value.
4. If the property is appraised at $1,000 or more, the board of county commissioners may sell it either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.
κ1987 Statutes of Nevada, Page 206 (CHAPTER 112, AB 355)κ
Sec. 4. NRS 244.290 is hereby amended to read as follows:
244.290 1. [The] Except as otherwise provided in NRS 278.480 for the vacation of streets and easements, the board of county commissioners of any county may reconvey all the right, title and interest of the county in and to any land donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:
(a) By whom the land was donated or dedicated or to his heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the board; or
(b) From whom the land was acquired in accordance with the provisions of chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the appraised value of the land at the time of the reconveyance.
The reconveyance may be made whether the land is held by the county solely or as tenant in common with any municipality or other political subdivision of this state under the dedication.
2. If the county has a planning commission, the board shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the board.
3. The board shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:
(a) Published at least once in a newspaper of general circulation in the county;
(b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and
(c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.
The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.
4. If the board, after the hearing, determines that maintenance of the property by the county solely or with a co-owner is unnecessarily burdensome or that reconveyance would be otherwise advantageous to the county and its citizens, the board shall formally adopt a resolution stating that determination. Upon the adoption of the resolution, the chairman of the board shall execute a deed of reconveyance on behalf of the county and the county clerk shall attest the deed under the seal of the county.
5. The board may sell land which has been donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if:
(a) The person from whom the land was received or acquired or his successor in interest refuses to accept the reconveyance or states in writing that he is unable to accept the reconveyance; or
κ1987 Statutes of Nevada, Page 207 (CHAPTER 112, AB 355)κ
(b) The land has been combined with other land owned by the county and improved in such manner as would reasonably preclude the division of the land, together with the land with which it has been combined, into separate parcels.
Sec. 5. NRS 244.2967 is hereby amended to read as follows:
244.2967 A board of county commissioners which establishes a county fire department shall levy a tax for its support and for the payment of the interest and principal on any indebtedness incurred for its buildings or equipment, on all property within the boundaries of the service area of the fire department, and shall establish a separate fund in the county treasury for the receipt and expenditure of and accounting for the proceeds of this tax.
Sec. 6. This act becomes effective upon passage and approval.
________
Assembly Bill No. 363Committee on Government Affairs
CHAPTER 113
AN ACT relating to state financial administration; transferring the administrative responsibility for the fund for insurance premiums; categorizing certain funds; revising the required frequency of remittances to the fund for hospital care to indigent persons; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 331.187 is hereby amended to read as follows:
331.187 1. There is created in the state treasury [a trust] the fund for insurance premiums as an internal service fund to be maintained for the use of the [budget] risk management division of the department of administration.
2. Each state agency shall deposit in the fund an amount equal to its insurance premium and other charges for potential liability, as determined by the risk management division.
3. Expenditures from the fund must be made by the [budget] risk management division to the insurer for premiums of state agencies as they become due and for claims which are obligations of the state pursuant to NRS 41.0349 and 41.037. If the money in the fund is insufficient to pay the claim, it must be paid from the reserve for statutory contingency fund.
Sec. 2. NRS 428.175 is hereby amended to read as follows:
428.175 1. The fund for hospital care to indigent persons is hereby created as a trust fund for the purposes described in NRS 428.115 to 428.255, inclusive.
2. All money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the fund must be deposited for credit to the fund.
κ1987 Statutes of Nevada, Page 208 (CHAPTER 113, AB 363)κ
deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board.
Sec. 3. NRS 428.185 is hereby amended to read as follows:
428.185 1. For the fiscal year beginning on July 1, 1983, the board of county commissioners of each county shall levy an ad valorem tax of three-quarters of one cent on each $100 of assessed valuation upon all taxable property in the county.
2. For the fiscal years beginning on and after July 1, 1984, the board of county commissioners of each county shall levy an ad valorem tax at a rate which must be calculated by:
(a) First multiplying the tax rate established in subsection 1 by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.
(b) Then subtracting the amount of unencumbered money in the fund on May 1 of the current fiscal year.
(c) Then setting the rate so that the revenue from the tax does not exceed the amount resulting from the calculations made in paragraphs (a) and (b).
3. 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.
4. The proceeds of this tax must be remitted [monthly] in the manner provided for in NRS 361.745 to the state treasurer for credit to the fund for hospital care to indigent persons.
Sec. 4. NRS 428.305 is hereby amended to read as follows:
428.305 1. The supplemental fund for medical assistance to indigent persons is created [.] as a trust fund. Any money recovered pursuant to NRS 428.345 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.
________
Senate Bill No. 110Committee on Finance
CHAPTER 114
AN ACT making a supplemental appropriation to the Consolidated Bond Interest and Redemption Fund; and providing other matters properly relating thereto.
[Approved April 30, 1987]
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 Consolidated Bond Interest and Redemption Fund created pursuant to NRS 349.090 the sum of $324,138 for the outstanding payments of principal and interest.
κ1987 Statutes of Nevada, Page 209 (CHAPTER 114, SB 110)κ
NRS 349.090 the sum of $324,138 for the outstanding payments of principal and interest. This appropriation is supplemental to that made by section 1 of chapter 503, Statutes of Nevada 1985, at page 1551.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 63Assemblymen Getto and Dini
CHAPTER 115
AN ACT relating to telephone systems operated by counties; extending the conditions for the extension of operations across county boundaries; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 710.145 is hereby amended to read as follows:
710.145 1. Notwithstanding the provisions of any other statute, a telephone system which is under the control and management of a county may extend its operation across county boundaries if [the] :
(a) The proposed operations are not within the scope of activities regulated pursuant to chapter 704 of NRS;
(b) The public service commission of Nevada has, pursuant to subsection 3 of NRS 704.040, determined that the extended services are competitive and that regulation thereof is unnecessary; or
(c) The public service commission of Nevada has, in an action commenced under NRS 704.330 and after 20 days notice to all telephone utilities providing service in the county into which [such] the operation is to be extended, determined that no other telephone service can reasonably serve the area into which the extension is to be made and approves the extension of such [system.
2.] the system. No such extension may be permitted for a distance of more than 10 miles.
[3.] 2. Except as otherwise provided in subsection 1, nothing in this section [shall be construed to vest] vests jurisdiction over a county telephone system in the public service commission of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 210κ
Senate Bill No. 99Committee on Judiciary
CHAPTER 116
AN ACT relating to the termination of parental rights; revising the basic considerations required for such a termination; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 128.105 is hereby amended to read as follows:
128.105 An order of the court for termination of parental rights [may] must be made [on the grounds that the termination is in the childs best interest] in light of the considerations set forth in this section and NRS 128.106, 128.107 and 128.108 [:] , with the initial and primary consideration being whether the best interests of the child would be served by the termination, but requiring a finding that the conduct of the parent or parents demonstrated at least one of the following:
1. Abandonment of the child;
2. Neglect of the child;
3. Unfitness of the parent;
4. Failure of parental adjustment;
5. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
6. Only token efforts by the parent or parents:
(a) To support or communicate with the child;
(b) To prevent neglect of the child;
(c) To avoid being an unfit parent; or
(d) To eliminate the risk of serious physical, mental or emotional injury to the child; or
7. With respect to termination of the parental rights of one parent, the abandonment by that parent.
Sec. 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 211κ
Senate Bill No. 2Committee on Commerce and Labor
CHAPTER 117
AN ACT relating to banks; removing the limit on the increase of capital stock; broadening the requirement that each director of a bank own a certain amount of stock in that bank to include its bank holding company; establishing the date to be used to determine the value of that stock; and providing other matters properly relating thereto.
[Approved April 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 661.035 is hereby amended to read as follows:
661.035 1. A banking corporation doing business under the provisions of this Title may increase its capital stock as provided by law for other corporations.
2. A bank may, with the approval of the administrator and by the vote of the holders of at least two-thirds of the stock of the particular class or classes of stock entitled to vote on such proposal, amend its charter to authorize an increase in the authorized but unissued common stock of the bank . [, in an amount not to exceed 10 percent of the outstanding shares of such class or classes of stock.] Any such authorized increase of stock must be free from preemptive rights.
3. The authorized but unissued stock may be issued from time to time to officers or employees of the bank pursuant to a stock option or stock purchase plan adopted in accordance with this Title.
Sec. 2. NRS 661.145 is hereby amended to read as follows:
661.145 1. No person [shall be] is eligible to serve as a director of any bank, organized or existing under the laws of this state, unless he is a bona fide owner of [$1,000 of the] stock of [such bank, fully paid and not hypothecated.] the bank or its bank holding company. The stock owned must have a total fair market value of at least $1,000. A determination of the value of the stock must be based on its value on the date it was purchased or on its value on the date the person became a director, whichever is greater. The stock must be fully paid and not pledged.
2. A majority of the board of directors of every bank [shall] must be residents of the State of Nevada, and at least one of the directors [shall] must reside in the county where its principal place of business is to be conducted.
3. For the purposes of this section, bank holding company has the meaning ascribed to it in NRS 666.065.
________
κ1987 Statutes of Nevada, Page 212κ
Assembly Bill No. 137Committee on Ways and Means
CHAPTER 118
AN ACT making a supplemental appropriation to the State Distributive School Fund; and providing other matters properly relating thereto.
[Approved May 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the State Distributive School Fund created pursuant to NRS 387.030 the sum of $15,873,766 for the payment of the basic support guaranteed to school districts. This appropriation is supplemental to that made by section 4 of chapter 496, Statutes of Nevada 1985, at page 1516.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 68Senator Malone
CHAPTER 119
AN ACT relating to education; requiring that certain children be enrolled under the name appearing on the document submitted as proof of his identity; providing a penalty; and providing other matters properly relating thereto.
[Approved May 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. The court shall issue the order if it determines that to do so would be in the best interests of the child.
Sec. 2. NRS 392.165 is hereby amended to read as follows:
392.165 1. The board of trustees of a school district shall not allow a child to be permanently enrolled in any school in the district until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district to enroll the child under a name other than the name which appears in the identifying document or records.
κ1987 Statutes of Nevada, Page 213 (CHAPTER 119, SB 68)κ
records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district to enroll the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the welfare division of the department of human resources may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal or superintendent shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 3. NRS 392.215 is hereby amended to read as follows:
392.215 Any parent, guardian or other person who [makes] , with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive:
1. Makes a false statement concerning the age or attendance at school [, or presents] ;
2. Presents a false birth certificate or record of attendance at school [,] ; or
3. Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,
of a child under 17 years of age who is under his control or charge, [the false statement being made with intent to deceive under NRS 392.040 to 392.110, inclusive, or 392.130 to 392.165, inclusive,] is guilty of a misdemeanor.
Sec. 4. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the principal or other person in charge of a private elementary or secondary school in this state to admit the child to that school under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 394.145. The court shall issue the order if it determines that to do so would be in the best interests of the child.
Sec. 5. NRS 394.145 is hereby amended to read as follows:
394.145 1. A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the childs identity and, if applicable, a copy of the childs records from the school he most recently attended.
κ1987 Statutes of Nevada, Page 214 (CHAPTER 119, SB 68)κ
2. Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the welfare division of the department of human resources may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted , the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
5. Any parent, guardian or other person who, with intent to deceive under this section:
(a) Presents a false birth certificate or record of attendance at school; or
(b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,
of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.
Sec. 6. NRS 394.610 is hereby amended to read as follows:
394.610 [Any] Unless a specific penalty is otherwise provided, a person who willfully violates the provisions of NRS 394.005 to 394.550, inclusive, is guilty of a gross misdemeanor. Each days failure to comply with the provisions of these sections is a separate offense.
________
κ1987 Statutes of Nevada, Page 215κ
Assembly Bill No. 116Assemblymen Arberry, Wendell Williams, Myrna Williams, Gaston, Garner, Triggs, Thomas, DuBois, Evans, Jeffrey, Freeman, Wisdom, Porter, Callister, Spinello, Price, Banner, Nevin, Dini, Sedway, Sader, Bergevin, Adler, Kissam, Thompson, Lambert, Humke, Haller, Marvel, Swain, Brookman and Tebbs
CHAPTER 120
AN ACT relating to holidays; declaring Martin Luther King, Jr.s birthday and the day after Thanksgiving to be legal holidays; making the statutory list of legal holidays apply to city governmental offices; repealing the governors authority to declare additional holidays; and providing other matters properly relating thereto.
[Approved May 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state [and county government] , county and city governmental offices:
January 1 (New Years Day)
Third Monday in January (Martin Luther King, Jr.s Birthday)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
October 31 (Nevada Day)
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States [or by the governor] for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day
2. All state [and county] , county and city offices, courts, banks, savings and loan associations, public schools and the University of Nevada System [shall] must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following [shall] must be observed as a legal holiday.
κ1987 Statutes of Nevada, Page 216 (CHAPTER 120, AB 116)κ
(b) Saturday, the Friday preceding [shall] must be observed as a legal holiday.
Sec. 2. NRS 223.130 and 236.060 are hereby repealed.
________
Assembly Bill No. 98Assemblymen Kerns, Bergevin, Dini, Marvel, Carpenter, Getto, Wisdom, Thomas, Nevin and Nichols
CHAPTER 121
AN ACT relating to governmental liability; limiting the civil liability of fire departments, law enforcement agencies and the officers, employees and volunteers thereof; and providing other matters properly relating thereto.
[Approved May 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
A fire department or law enforcement agency is not liable for the negligent acts or omissions of its firemen or officers or any other persons called to assist it, nor are the individual officers, employees or volunteers thereof, unless:
1. The fireman, officer or other person made a specific promise or representation to a natural person made a specific promise or representation to a natural person who relied upon the promise or representation to his detriment; or
2. The conduct of the fireman, officer or other person affirmatively caused the harm.
The provisions of this section are not intended to abrogate the principle of common law that the duty of governmental entities to provide services is a duty owed to the public, not to individual persons.
Sec. 2. NRS 41.0335 is hereby amended to read as follows:
41.0335 1. No action may be brought against:
(a) Any sheriff which is based solely upon any act or omission of a deputy; [or]
(b) A chief of a police department which is based solely upon any act or omission of an officer of [such department.
2. Nothing contained in this section shall be construed:
(a) To limit] the department; or
(c) A chief of a fire department which is based solely upon any act or omission of a fireman or other person called to assist the department.
2. This section does not:
(a) Limit the authority of the state or a political subdivision or a public corporation of the state to bring an action on any bond or insurance policy provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.
κ1987 Statutes of Nevada, Page 217 (CHAPTER 121, AB 98)κ
provided pursuant to law for or on behalf of any person who may be aggrieved or wronged.
(b) [To limit] Limit or abridge the jurisdiction of any court to render judgment upon any such bond or insurance policy for the benefit of any person so aggrieved or wronged.
________
Senate Bill No. 53Senator Shaffer
CHAPTER 122
AN ACT relating to contractors; adopting new versions of the Uniform Building Code, Uniform Plumbing Code and National Electrical Code as the standards for contractors in certain areas; and providing other matters properly relating thereto.
[Approved May 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.3017 is hereby amended to read as follows:
624.3017 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Workmanship which is not commensurate with standards of the trade in general or which is below the standards in the building or construction codes adopted by the city or county in which the work is performed. If no applicable building or construction code has been adopted locally, then workmanship must meet the standards prescribed in the Uniform Building Code, Uniform Plumbing Code or National Electrical Code in the form of the code most recently published before January 1, [1985.] 1987.
2. Advertising projects of construction without including in the advertisements the name and license number of the licensed contractor who is responsible for the construction.
________
κ1987 Statutes of Nevada, Page 218κ
Assembly Bill No. 243Committee on Judiciary
CHAPTER 123
AN ACT relating to statutes; ratifying technical corrections made to various chapters of NRS and to multiple amendments of sections of NRS; correcting the effective date of and repealing certain related provisions in Statutes of Nevada 1985; and providing other matters properly relating thereto.
[Approved May 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 11 of chapter 119, Statutes of Nevada 1985, at page 484, is hereby amended to read as follows:
Sec. 11. Chapter 684A of NRS is hereby amended by adding thereto a new section to read as follows:
No person who is engaged in the business of repairing the bodies of automobiles may:
1. Be licensed pursuant to this chapter.
2. Own a controlling interest in a firm or corporation licensed pursuant to NRS 684A.080.
Sec. 2. 1. Sections 1 and 2 of chapter 166, Statutes of Nevada 1985, at page 606, are hereby amended to read respectively as follows:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner may adopt regulations governing plans for providing welfare benefits to employees of more than one employer. The regulations must provide standards requiring the maintenance of specified levels of reserves and specified levels of contributions which any such plan, or any trust established under such a plan, must meet. If a plan does not meet the standards, no benefits may be paid under the plan.
2. The commissioner may conduct an examination of any insurer which administers a plan for providing welfare benefits to employees of more than one employer to determine whether the insurer is complying with the commissioners regulations. The cost of the examination must be borne by the insurer in the manner provided in NRS 679B.290. If the commissioner determines that the insurer is not complying with the commissioners regulations, the commissioner shall require the insurer not to pay benefits under the plan.
3. As used in this section, the term plan for providing welfare benefits for employees of more than one employer is intended to be equivalent to the term employee welfare benefit plan which is a multiple employer welfare arrangement as used in federal statutes and regulations.
Sec. 2. Chapter 680A of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 219 (CHAPTER 123, AB 243)κ
An insurer which has transacted insurance in this state without a certificate of authority must not be granted a certificate of authority unless it pays the tax imposed by NRS 680B.027 for the 3 years immediately preceding the date upon which it applies for a certificate of authority.
2. Section 3 of chapter 166, Statutes of Nevada 1985, at page 606, is hereby repealed.
Sec. 3. Section 3 of chapter 208, Statutes of Nevada 1985, at page 671, is hereby amended to read as follows:
Sec. 3. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
(b) To prevent or abate a nuisance within the limits of their respective cities.
[(c) For the collection of any amounts due their respective cities in a proprietary capacity.]
2. The municipal courts have jurisdiction of all misdemeanors committed in violation of the ordinances of their respective cities.
3. The municipal courts have jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all bonds given on appeals from the municipal court in any of the cases named in this section, when the principal sum claimed does not exceed $2,500.
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed $2,500.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears by the pleadings of the verified answer that the validity of any tax, assessment or levy, or title to real property, is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
κ1987 Statutes of Nevada, Page 220 (CHAPTER 123, AB 243)κ
Sec. 4. Section 3 of chapter 229, Statutes of Nevada 1985, at page 711, is hereby amended to read as follows:
Sec. 3. Chapter 2 of NRS is hereby amended by adding thereto a new section to read as follows:
If the clerk of the supreme court:
1. Violates any of the provisions of subsections 2 and 3 of NRS 2.250, he shall be fined in an amount not exceeding $1,000.
2. Takes greater fees than allowed under NRS 2.250, he shall, upon conviction, be removed from office and fined in an amount not exceeding $1,000.
Sec. 5. Section 1 of chapter 250, Statutes of Nevada 1985, at page 787, is hereby amended to read as follows:
Section 1. NRS 51.135 is hereby amended to read as follows:
51.135 1. A memorandum, report, record or compilation of data , [compilation,] in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
2. An affidavit signed by a custodian of medical records verifying that the copy of medical records is a true and complete reproduction of the original medical records is not inadmissible under the hearsay rule and [shall] must be accepted by the court in lieu of testimony.
3. An affidavit signed by a custodian of the records of a casino or hotel, verifying that a copy of a record is a true and complete reproduction of the original record is not inadmissible under the hearsay rule and must be accepted by the court in lieu of testimony. As used in this subsection, the terms custodian of the records of a casino or hotel and records of a casino or hotel have the meanings ascribed to them by section 3 of this act.
Sec. 6. Sections 6 and 39 of chapter 292, Statutes of Nevada 1985, at pages 876 and 890, respectively, are hereby amended to read respectively as follows:
Sec. 6. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, section 2 of chapter 285, Statutes of Nevada 1985, and section 2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 39. Sections 6 and 32 of this act become effective at 12:01 a.m. on July 1, 1985.
Sec. 7. Chapter 295, Statutes of Nevada 1985, at page 893, is hereby amended by adding thereto a new section to be designated as section 12, immediately following section 11, to read as follows:
Sec. 12. NRS 361.515 is hereby repealed.
κ1987 Statutes of Nevada, Page 221 (CHAPTER 123, AB 243)κ
Sec. 8. Section 11 of chapter 368, Statutes of Nevada 1985, at page 1037, is hereby amended to read as follows:
Sec. 11. Sections 2, 5 and 8 of this act become effective at 12:01 a.m. on July 1, 1985.
Sec. 9. 1. Sections 5 and 78 of chapter 390, Statutes of Nevada 1985, at pages 1091 and 1109, respectively, are hereby amended to read respectively as follows:
Sec. 5. 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine every signature for verification.
2. If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.
3. Within 30 days after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the clerk additional assistants for examining the signatures and provided for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures.
4. Upon completing the examination, the clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately transmit the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the clerks office.
5. Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
6. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.
Sec. 78. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:
κ1987 Statutes of Nevada, Page 222 (CHAPTER 123, AB 243)κ
1. Every candidate for municipal office where the general election is preceded by a primary election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:
(a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election.
2. Every candidate for municipal office where there is no primary election shall so file those reports:
(a) Twenty days before the general election, for the period from the last election for that office up to 30 days before the general election; and
(b) Thirty days after the general election, for the remaining period up to the general election.
2. Sections 97 and 98 of chapter 390, Statutes of Nevada 1985, at page 1117, are hereby amended to read respectively as follows:
Sec. 97. NRS 293.467, 293B.015, 293B.020, 293B.030, 293B.035, 293B.040, 293B.045, 293B.215, 295.025, 295.057, 295.058 and 295.059 are hereby repealed.
Sec. 98. Sections 86, 96 and 97 of this act become effective at 12:01 a.m. on July 1, 1985.
Sec. 10. 1. Chapter 425, Statutes of Nevada 1985, at page 1189, is hereby amended by adding thereto a new section to be designated as section 28.7, immediately following section 28.5, to read as follows:
Sec. 28.7. Section 18 of chapter 328, Statutes of Nevada 1985, at page 956, is hereby amended to read as follows:
Sec. 18. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percent-
age
Churchill County......................................................................... 3.23
City of North Las Vegas............................................................ 46.52
κ1987 Statutes of Nevada, Page 223 (CHAPTER 123, AB 243)κ
City of Carlin................................................................................ 2.72
Esmeralda County....................................................................... .20
Eureka County............................................................................. .71
City of Winnemucca................................................................... 5.56
City of Caliente............................................................................ .46
City of Yerington........................................................................ 4.77
Mineral County........................................................................... 9.96
City of Gabbs............................................................................... 4.31
Pershing County......................................................................... 2.52
City of Lovelock.......................................................................... 5.77
White Pine County..................................................................... 5.37
City of Ely.................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
κ1987 Statutes of Nevada, Page 224 (CHAPTER 123, AB 243)κ
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
4. For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.
2. Section 9 of chapter 574, Statutes of Nevada 1985, at page 1804, is hereby amended to read as follows:
Sec. 9. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Percent-
Political Subdivision age
Churchill County......................................................................... 3.23
City of North Las Vegas............................................................ 46.52
City of Carlin................................................................................ 2.72
Esmeralda County....................................................................... .20
Eureka County............................................................................. .71
City of Winnemucca................................................................... 5.56
City of Caliente............................................................................ .46
City of Yerington........................................................................ 4.77
Mineral County........................................................................... 9.96
City of Gabbs............................................................................... 4.31
Pershing County......................................................................... 2.52
City of Lovelock.......................................................................... 5.77
White Pine County..................................................................... 5.37
City of Ely.................................................................................... 7.90 For the fiscal year beginning July 1, 1981, the monthly amount is $71,110.
κ1987 Statutes of Nevada, Page 225 (CHAPTER 123, AB 243)κ
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services , any redevelopment agency, and any other local government excluded by specific statute, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district [.]
κ1987 Statutes of Nevada, Page 226 (CHAPTER 123, AB 243)κ
district [.] and any district created under chapter 318 of NRS to furnish emergency medical services.
4. For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.
Sec. 11. Sections 38 and 39 of chapter 426, Statutes of Nevada 1985, at pages 1219 and 1211, respectively, are hereby amended to read respectively as follows:
Sec. 38. NRS 321.180 is hereby amended to read as follows:
321.180 Upon the application of any citizen of the United States or any person who has legally declared his intention to become a citizen of the United States, over the age of 21 years, including females, to purchase lands not previously selected by the state, the applicant shall deposit with the state land registrar the amount necessary to purchase the lands, together with an affidavit in due form, by the applicant or some other competent person, made before an officer having an official seal and legally authorized to administer oaths [,] or a notary public, that the lands described in the application are nonmineral in character. The affidavit [shall] must not refer to any lands not included in the application.
2. The state land registrar shall endorse upon each application the exact time of its receipt in his office, and shall certify to the state controller that the applicant is entitled to apply for the lands, describing the [same] lands as they are described in the application. The certificate [shall] must state the grant of lands under which the application is made and the amount necessary to purchase [the same.] them. The state controller shall thereupon issue his order directing the state treasurer to receive [such] that amount, placing the [same] money in the proper fund. The state land registrar shall at the same time certify to the state treasurer the payment, which certificate [shall] must be accompanied by the application and the amount necessary to purchase . [; and, upon] Upon receipt of the order from the state controller, the state treasurer shall issue his receipt in duplicate, describing the lands applied for, and he shall, at the same time, enter in his abstract of applications the name of the person so applying, a description of the land, the number and date of receipt, and the amount paid thereon.
3. Upon return of the application with the state treasurers receipt to the state land office, the state land registrar shall file [the same,] it and take prompt measures at the proper office of the Bureau of Land Management to select for the state the lands described in the application. If, during a period of 60 days after the filing of any application, the state land registrar [shall remain] is unable to select any of the lands [therein described,] described in the application, on account of conflicting entries or reservations in the office of the Bureau of Land Management, he shall cancel the application, so far as it concerns the unselectable lands , [therein described,] and at once certify to the state controller and state treasurer that the applicant is entitled to the amount paid by him on [such] the unselectable lands.
κ1987 Statutes of Nevada, Page 227 (CHAPTER 123, AB 243)κ
certify to the state controller and state treasurer that the applicant is entitled to the amount paid by him on [such] the unselectable lands. The state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the [same shall] warrant must be paid by the state treasurer. The state land registrar shall, at the same time, notify the applicant of the cancellation and that the amount deposited thereon is subject to withdrawal [as provided by law, and no] , and shall not certify any subsequent application for lands embraced in [such] the canceled application [shall be certified by the state land registrar until due] until official notice [shall have] has been received from the intending applicant that the lands in question are subject to selection.
4. Whenever purchase can be completed, in whole or in part, upon lands applied for, [as provided in this section,] the state land registrar shall certify the [same] purchase to the state controller and the state treasurer, and shall at once proceed to complete the sale. Should the state controller, upon receipt of the certificate, find that any payment has been wrongfully apportioned, he shall issue his order directing the state treasurer to transfer [such] that amount to its proper fund. If, by reason of the nonapproval of the lands to the state, or other cause, the contemplated sale cannot be completed, in whole or in part, then, upon the demand of the applicant or his legal agent or assignee, the state land registrar shall certify to the state controller and the state treasurer that the applicant is entitled to the amount paid by him, and the state controller shall draw his warrant upon the proper fund for the amount due the applicant, and the [same] warrant shall be paid by the state treasurer.
Sec. 39. NRS 362.050 is hereby amended to read as follows:
362.050 The affidavit of labor required by NRS 362.020 to 362.090, inclusive, shall describe particularly the work performed, upon what portion of the mine, and when and by whom done, and may be substantially in the following form:
State of Nevada }
} ss.
County of.................................... }
............................., being duly sworn, deposes and says: That development work worth at least $100 was performed upon the .............................. patented mine, situated in the .............................. Mining District, County of .............................., State of Nevada, during the federal mining assessment work period ending within the year 19.... The work was done at the expense of .............................., the owner (or one of the owners) of the patented mine, for the purpose of relieving the same from the tax assessment. It was performed by .............................., at about .................... feet in a .................... direction from the location monument, and was done between the ..........
κ1987 Statutes of Nevada, Page 228 (CHAPTER 123, AB 243)κ
.......... day of .........., 19..., and the .......... day of .........., 19..., and consisted of the following work:
..........................................................................................................................................
..........................................................................................................................................
.........................................................
(Signature)
Subscribed and sworn to before me this ............ day of ............, 19.... Notary Public (or other [officer] person authorized to administer oaths)
Sec. 12. Section 28 of chapter 444, Statutes of Nevada 1985, at page 1269, is hereby amended to read as follows:
Sec. 28. NRS 645.633 is hereby amended to read as follows:
645.633 The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:
1. Willfully using any trade name, service mark or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right to do so.
2. Violating any of the provisions of this chapter, chapter 119 , 119A or 645A of NRS or sections 2 to 46, inclusive, of [this act.] chapter 553, Statutes of Nevada 1985, or of any regulation adopted [under any of these chapters.] thereunder.
3. Paying a commission , [or] compensation or a finders fee to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.
4. A felony, or has entered a plea of guilty or nolo contendere to a charge of felony [.] or any crime involving fraud, deceit, misrepresentation or moral turpitude.
5. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
6. Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.
7. Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.
8. Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.
9. Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter, chapter 119 or 119A of NRS, or sections 2 to 46, inclusive, of [this act] chapter 553, Statutes of Nevada 1985.
κ1987 Statutes of Nevada, Page 229 (CHAPTER 123, AB 243)κ
10. Any other conduct which constitutes [improper,] deceitful, fraudulent or dishonest dealing.
11. Any conduct which took place before his being licensed, which was in fact unknown to the [commission] division and which would have been grounds for denial of a license had the [commission] division been aware of the conduct.
12. Acting in the dual capacity of agent and undisclosed principal in any transaction.
13. Knowingly permitting any person whose license has been revoked or suspended to act as a real estate broker, broker-salesman or salesman, with or on behalf of the licensee.
Action may also be taken pursuant to NRS 645.630 against a person subject to that section for the suspension or revocation of a real estate brokers, broker-salesmans or salesmans license issued to him by any other jurisdiction.
Sec. 13. Chapter 452, Statutes of Nevada 1985, at page 1344, is hereby amended by adding thereto a new section to be designated as section 6.5, immediately following section 6, to read as follows:
Sec. 6.5. NRS 673.2175 is hereby repealed.
Sec. 14. 1. Section 21 of chapter 453, Statutes of Nevada 1985, at page 1354, is hereby amended to read as follows:
Sec. 21. 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:
(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 and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, 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;
κ1987 Statutes of Nevada, Page 230 (CHAPTER 123, AB 243)κ
(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] attorneys offices;
(6) [Sheriff] Sheriffs 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] must 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.
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.
2. Chapter 453, Statutes of Nevada 1985, at page 1348, is hereby amended by adding thereto a new section to be designated as section 26, immediately following section 25, to read as follows:
Sec. 26. Section 21 of this act becomes effective at 12:02 a.m. on July 1, 1985.
Sec. 15. 1. Section 9 of chapter 454, Statutes of Nevada 1985, at page 1358, is hereby amended to read as follows:
Sec. 9. NRS 439A.015 is hereby amended to read as follows:
439A.015 Health facility means a facility in which health services are provided [. The term includes a:
κ1987 Statutes of Nevada, Page 231 (CHAPTER 123, AB 243)κ
1. Facility for rehabilitation of inpatients;
2. Facility for treatment of irreversible renal disease;
3. Independent unit for hemodialysis;
4. Agency to provide nursing in the home;
5. Hospital;
6. Institution for treatment of tuberculosis;
7. Facility for intermediate care;
8. Psychiatric hospital;
9. Facility for skilled nursing;
10. Surgical center for ambulatory patients;
11. Hospice;
12. Independent facility for emergency medical care; or
13. Obstetric center.] , except for the office of a practitioner used solely to provide routine services for health to his patients. The term includes any parent, affiliate, subsidiary or partner of such a facility and any other entity which has a primary purpose of providing a benefit to such a facility. For the purposes of this section office of a practitioner solely to provide routine services for health to his patients does not include:
1. A facility which is or will be qualified to receive reimbursement, other than for the services of a practitioner, as a health facility from any public agency.
2. A facility which contains or will contain medical equipment which meets the threshold for review of costs pursuant to paragraph (d) of subsection 2 of NRS 439A.100.
2. Chapter 454, Statutes of Nevada 1985, at page 1357, is hereby amended by adding thereto a new section to be designated as section 29.5, immediately following section 29, to read as follows:
Sec. 29.5. Section 9 of this act becomes effective at 12:01 a.m. on July 1, 1985.
Sec. 16. 1. Sections 61 and 66 of chapter 455, Statutes of Nevada 1985, at pages 1385 and 1387, respectively, are hereby amended to read respectively as follows:
Sec. 61. NRS 432.020 is hereby amended to read as follows:
432.020 The welfare division shall:
1. Provide , to the extent that support is not otherwise ordered by a court pursuant to chapter 432B of NRS, maintenance and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents [, group care facilities or other care centers or] or other facilities or institutions, but payment for children who are placed in the northern Nevada childrens home or the southern Nevada childrens home [shall] must be made in accordance with the provisions of NRS 423.210.
κ1987 Statutes of Nevada, Page 232 (CHAPTER 123, AB 243)κ
home [shall] must be made in accordance with the provisions of NRS 423.210. If any child is to be placed in the custody of the welfare division, pursuant to any [court] order of a court or request [, such] made by a person or agency other than the welfare division, this order or request [shall] may be issued or made only after an opportunity for a hearing has been given to the welfare division [pursuant to summons or other] after 3 days notice, or upon request of the welfare division.
2. [Return] Except as otherwise provided in chapter 432B of NRS for an abused or neglected child, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division retains the right to custody of the child during [such] the probationary period, until a court of competent jurisdiction determines proper custody of the child.
3. Accept [moneys] money from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, insofar as [such acceptance may be legally delegated] authorized by the legislature . [to the welfare division.]
Sec. 66. NRS 49.295 is hereby amended to read as follows:
49.295 1. Except as provided in subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court pursuant to chapter 62 of NRS [;] and sections 42 to 60, inclusive, of this act; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether [such] the crime was committed before or during marriage.
(2) Bigamy or incest.
κ1987 Statutes of Nevada, Page 233 (CHAPTER 123, AB 243)κ
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
2. Chapter 455, Statutes of Nevada 1985, at page 1368, is hereby amended by adding thereto a new section to be designated as section 94, immediately following section 93, to read as follows:
Sec. 94. Section 66 of this act becomes effective at 12:01 a.m. on July 1, 1985.
Sec. 17. Section 77 of chapter 455, Statutes of Nevada 1985, at page 1392, is hereby amended to read as follows:
Sec. 77. NRS 62.170 is hereby amended to read as follows:
62.170 1. Except as provided in [subsection 6,] section 68 of this act, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose [surroundings are such as to endanger his welfare.] conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If [such] this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order.
3. Except as provided otherwise in this section a child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime, except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein.
κ1987 Statutes of Nevada, Page 234 (CHAPTER 123, AB 243)κ
Whenever it is possible to do so, special efforts must be made to keep children who are [neglected or] in need of supervision apart from children charged with delinquent acts.
4. A child who is taken into custody and detained must, upon application, be given a detention hearing, conducted by the judge or master, within 24 hours after the child submits an application, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
5. The [official] officer in charge of any [detention home] facility for the detention of juveniles may by written order direct the transfer to the county jail of a child placed in the [detention home.] facility. The child must not be detained in the county jail for more than 24 hours unless a district judge orders him [so] detained for a longer period. [Such an] This order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection must, where possible, be placed in a cell separate from adults.
6. [Whenever any child is halted by a peace officer for any violation of a traffic law or ordinance which is punishable as a misdemeanor, the peace officer may prepare and issue a written traffic citation under the same criteria as would apply to an adult violator. If the child gives his written promise to appear in court by signing the citation, the officer shall deliver a copy of the citation to the child and shall not take him into physical custody for the violation.
7.] During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a [juvenile detention facility.] facility for the detention of juveniles.
Sec. 18. Chapter 482, Statutes of Nevada 1985, at page 1471, is hereby amended by adding thereto a new section to be designated as section 15, immediately following section 14, to read as follows:
Sec. 15. NRS 232.450 is hereby amended to read as follows:
232.450 1. The superintendents of the Nevada youth training center, the Nevada girls training center, the northern Nevada childrens home and the southern Nevada childrens home are in the unclassified service of the state unless federal law or regulation requires otherwise.
2. The chief of the [child care services] bureau of services for child care and the chief of the youth parole bureau are in the classified service of the state.
Sec. 19. 1. Section 10 of chapter 484, Statutes of Nevada 1985, at page 1482, is hereby amended to read as follows:
Sec. 10. NRS 598.620 is hereby amended to read as follows:
598.620 1. In proceeding pursuant to NRS 598.580 to 598.620, inclusive, or subsection 3 of section 2 of this act, the district attorney or attorney general may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.540.
κ1987 Statutes of Nevada, Page 235 (CHAPTER 123, AB 243)κ
or attorney general may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice from any person who is engaged or is about to engage in the method, act or practice by following the procedures set forth in subsection 2 of NRS 598.540.
2. Any assurance made pursuant to subsection 1 must be in writing and must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
3. An assurance of discontinuance made pursuant to subsections 1 and 2 is not an admission of violation for any purpose, but is subject to the terms, limitations and conditions of NRS 598.540.
2. Chapter 484, Statutes of Nevada 1985, at page 1479, is hereby amended by adding thereto a new section to be designated as section 12, immediately following section 11, to read as follows:
Sec. 12. Section 10 of this act becomes effective at 12:01 a.m. on July 1, 1985.
Sec. 20. Section 1 of chapter 488, Statutes of Nevada 1985, at page 1491, is hereby amended to read as follows:
Section 1. NRS 200.5093 is hereby amended to read as follows:
200.5093. 1. [Immediately after] If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person [is suspected, a report must be made] , he shall immediately report his suspicion to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department of sheriffs office; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident [and intern licensed in this state who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) The superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which must be given by every physician who has attended an older person who appears to have been abused, neglected or exploited pursuant to his performance of services as a member of the staff of the hospital or institution.
κ1987 Statutes of Nevada, Page 236 (CHAPTER 123, AB 243)κ
(c) Every] , intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family counselor, alcohol or drug abuse counselor, [ambulance driver and ambulance attendant] driver of an ambulance, advanced emergency medical technician-ambulance or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman , practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession, or a social worker.
(e) Every person who maintains or is employed by a [group care facility.] facility for the dependent as defined in NRS 449.0045 or a medical facility as defined in NRS 449.0151.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the welfare or aging services division of the department of human resources.
(h) Any employee of a [police department, sheriffs office] law enforcement agency or a countys office for protective services [.] or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
3. Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
4. A report may be filed by any other person.
[4.] 5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
[5.] 6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources of the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
κ1987 Statutes of Nevada, Page 237 (CHAPTER 123, AB 243)κ
the department of human resources of the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 21. Section 23 of chapter 489, Statutes of Nevada 1985, at page 1503, is hereby amended to read as follows:
Sec. 23. NRS 362.050 is hereby amended to read as follows:
362.050 The affidavit of labor required by NRS 362.020 to 362.090, inclusive, [shall] must describe particularly the work performed, upon what portion of the mine, and when and by whom done, and may be substantially in the following form:
State of Nevada }
} ss.
County of.................................... }
................................, being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ................................ patented mine, situated in the ................................ Mining District, County of ................................, State of Nevada, during the federal mining assessment work period ending within the year 19 .... The work was done at the expense of ................................, the owner (or one of the owners) of the patented mine, for the purpose of relieving the same from the tax assessment. It was performed by ................................, at about ........ feet in a ............... direction from the [location monument,] monument of location, and was done between the .......... day of .........., 19...., and the .......... day of .........., 19...., and consisted of the following work:
..........................................................................................................................................
..........................................................................................................................................
.......................................................
(Signature)
Subscribed and sworn to before me
this ...................... day of ..............., 19....
............................................................................
Notary Public (or other person
authorized to administer oaths)
Sec. 22. 1. Section 3 of chapter 500, Statutes of Nevada 1985, at page 1541, is hereby amended to read as follows:
Sec. 3. NRS 616.223 is hereby amended to read as follows:
616.223 1. The system and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
κ1987 Statutes of Nevada, Page 238 (CHAPTER 123, AB 243)κ
2. The system may enter into agreements with [other] :
(a) Other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases [.
3. The system may enter into agreements with medical] ; and
(b) Medical facilities or facilities for the dependent to provide services for rehabilitation to patients of such facilities in facilities operated by the system.
[4.] 3. Except as provided in this subsection, the system may admit to any of its facilities any person:
(a) Who may benefit from its services;
(b) Who has been referred by a physician [for the purpose of receiving] or chiropractor to receive services for rehabilitation; and
(c) Whose admission is approved by the medical director of the facility.
A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of abuse of alcohol or drugs.
[5.] 4. In providing services under an agreement entered into pursuant to this section, the system must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons to provide services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
[6.] 5. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.
2. Section 22 of chapter 500, Statutes of Nevada 1985, at page 1548, is hereby amended to read as follows:
Sec. 22. 1. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1985.
2. Section 18 of this act becomes effective at 12:02 a.m. on July 1, 1985.
Sec. 23. Section 1 of chapter 512, Statutes of Nevada 1985, at page 1561, is hereby amended to read as follows:
Section 1. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof [shall] must be based solely on merit and fitness.
2. State, county or municipal departments, agencies, boards or appointing officers thereof shall not [:
(a) Refuse] refuse to hire a person [because of such persons race, color, creed, national origin, sex or age, unless based upon a bona fide occupational classification.
κ1987 Statutes of Nevada, Page 239 (CHAPTER 123, AB 243)κ
(b) Discharge] , discharge or bar any person from employment [because of such persons race, creed, color, national origin, sex or age.
(c) Discriminate] or discriminate against any person in compensation or in other terms or conditions of employment because of [such persons] his race, creed, color, national origin, sex [or age, except] , age, political affiliation or physical, aural or visual handicap, except when based upon a bona fide occupational qualification or as provided in NRS 284.3781.
Sec. 24. Section 1 of chapter 521, Statutes of Nevada 1985, at page 1575, is hereby amended to read as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an employer or insurer requests a hearing before a hearing officer or appeals officer relating to a claim for compensation, and the hearing results in a decision favorable to the employee, the employee is entitled to receive reimbursement from the insurer for:
(a) His actual expenses necessarily incurred for travel to and from the hearing, if he is required to travel more than 20 miles one way from his residence or place of employment to the hearing; and
(b) Any regular wages lost as a result of his attending the hearing.
2. The department shall adopt regulations governing the procedure and forms to be used for the reimbursement provided by subsection 1.
Sec. 25. Sections 1 and 3 of chapter 534, Statutes of Nevada 1985, at pages 1620 and 1622, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the action:
If the sum claimed does not exceed [$200]
$1,000 [$15.00]................................................................................... $25.00
If the sum claimed exceeds [$200] $1,000 but does not exceed [$1,250] $2,500.................................................................................... [$25.00] 35.00
In all other civil actions.............................................................. 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS:
If the sum claimed does not exceed $500................................. 10.00
If the sum claimed [exceed $500 but does not exceed $1,000] exceeds $500 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
κ1987 Statutes of Nevada, Page 240 (CHAPTER 123, AB 243)κ
on filing the first paper in the action, or at the time of appearance:
In civil actions.............................................................................. $10.00
For every addition defendant, appearing separately............. 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention........................ 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court 5.00
(g) For filing a notice of appeal, and appeal bonds.............. 10.00
One charge only [shall] may be made if both papers are filed at the same time
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court............................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder................................................................................................ 20.00
(k) For entering judgment by confession............................... 5.00
2. A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 3. NRS 18.020 is hereby amended to read as follows:
18.020 Costs must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property or a possessory right thereto.
2. In an action to recover the possession of personal property, where the value of the property amounts to more than [$1,250.] $2,500. The value must be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where the plaintiff seeks to recover more than [$1,250.] $2,500.
4. In a special proceeding.
5. In an action which involves the title or boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justices court.