[Rev. 2/27/2019 1:53:08 PM]
κ1987 Statutes of Nevada, Page 481 (CHAPTER 209, AB 303)κ
based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter or of chapter 482, 483, 485 or 486 of NRS in connection with the accident.
Sec. 3. NRS 484.805 is hereby amended to read as follows:
484.805 Whenever any person is taken into custody by a peace officer for the purpose of taking him before a magistrate or court as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 484.791, and no magistrate is available at the time of arrest, and there is no bail schedule established by [any such] the magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, [such person shall] the person must be released from custody upon the issuance to him of a written misdemeanor citation or traffic citation and his signing a promise to appear, as provided in NRS 171.1773 or 484.799 [.] , respectively.
Sec. 4. This act becomes effective upon passage and approval.
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Assembly Bill No. 513Committee on Judiciary
CHAPTER 210
AN ACT relating to crimes against public safety; defining alcoholic beverage; prohibiting persons under 21 years of age from possessing an alcoholic beverage; and providing other matters properly relating thereto.
[Approved May 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
For purposes of NRS 202.020 to 202.060, inclusive, alcoholic beverage means:
1. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of 1 percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor.
2. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of 1 percent of alcohol by volume.
3. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.
κ1987 Statutes of Nevada, Page 482 (CHAPTER 210, AB 513)κ
Sec. 2. NRS 202.020 is hereby amended to read as follows:
202.020 1. Any person under [the age of] 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.
2. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.
3. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
4. For the purposes of this section, possession in public includes possession:
(a) On any street or highway;
(b) In any place open to the public; and
(c) In any private business establishment which is in effect open to the public.
5. The term does not include:
(a) Possession for an established religious purpose;
(b) Possession in the presence of the persons parent, spouse or legal guardian who is 21 years of age or older;
(c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;
(d) Possession in private clubs or private establishments; or
(e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.
Sec. 3. NRS 202.055 is hereby amended to read as follows:
202.055 1. Every person who knowingly:
(a) Sells, gives or otherwise furnishes [intoxicating liquors] an alcoholic beverage to any person under [the age of 21 years; or] 21 years of age;
(b) Leaves or deposits any [intoxicating liquors] alcoholic beverage in any place with the intent that [the same shall] it will be procured by any person under [the age of 21 years;] 21 years of age; or
(c) Furnishes, gives, or causes to be given any money or thing of value to any person under [the age of] 21 years of age with the knowledge that the money or thing of value is to be used by the person under [the age of] 21 years of age to purchase or procure any [intoxicating liquor,] alcoholic beverage,
is guilty of a misdemeanor.
2. Paragraph (a) of subsection 1 does not apply to a parent, guardian or physician of the person under [the age of 21 years.
3. As used in this section, intoxicating liquor means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid or solid, patented or not, containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes.] 21 years of age.
Sec. 4. NRS 392.464 is hereby amended to read as follows:
392.464 1. The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil who is found in possession of an [intoxicating liquor] alcoholic beverage or a controlled substance, while on the premises of any public school in its district.
κ1987 Statutes of Nevada, Page 483 (CHAPTER 210, AB 513)κ
[intoxicating liquor] alcoholic beverage or a controlled substance, while on the premises of any public school in its district.
2. As used in this section:
(a) Alcoholic beverage has the meaning ascribed to it in section 1 of this act.
(b) Controlled substance has the meaning ascribed to it in NRS 453.041.
[(b) Intoxicating liquor has the meaning ascribed to it in NRS 202.055.]
Sec. 5. NRS 641.023 is hereby amended to read as follows:
641.023 Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Practicing psychology or psychotherapy with a patient while the psychologist is under the influence of [intoxicating liquor] an alcoholic beverage as defined in [NRS 202.055] section 1 of this act or any controlled substance as defined in chapter 453 of NRS;
2. Gross negligence;
3. Willful disregard of established methods and procedures in the practice of psychology; or
4. Willful and consistent use of methods and procedures considered by psychologists in the community to be inappropriate or unnecessary in the cases where used.
Sec. 6. NRS 641.026 is hereby amended to read as follows:
641.026 Professional incompetence means lack of ability to practice psychology safely and skillfully arising from:
1. Lack of knowledge or training;
2. Impaired physical or mental ability; or
3. Dependence upon [intoxicating liquor] an alcoholic beverage as defined in [NRS 202.055] section 1 of this act or any controlled substance as defined in chapter 453 of NRS.
________
κ1987 Statutes of Nevada, Page 484κ
Senate Bill No. 239Committee on Finance
CHAPTER 211
AN ACT relating to provisions for retirement; exempting benefits to retired public employees from certain assessments; exempting certain issuers of annuities for institutions of education and research from the requirement for a certificate of authority to transact insurance; and providing other matters properly relating thereto.
[Approved May 27, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.670 is hereby amended to read as follows:
286.670 1. Except as otherwise provided in NRS 31A.150 and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, is:
(a) Exempt from all state, county and municipal taxes.
(b) Not subject to execution, garnishment, attachment or any other process.
(c) Not subject to the operation of any bankruptcy or insolvency law.
(d) Not assignable, by power of attorney or otherwise.
(e) Exempt from assessment for the impairment or insolvency of any life or health insurance company.
2. The system may withhold money from a refund or benefit when the person applying for or receiving the refund or benefit owes money to the system.
Sec. 2. NRS 286.804 is hereby amended to read as follows:
286.804 The retirement program may be a separate system or fund or may participate in a larger system or fund with respect to some or all of the benefits provided under the program. The benefits under the retirement program may be provided through insurance policies or annuity contracts, either fixed or variable in nature, or through a combination thereof, as specified in the program. The insurance policies and annuity contracts may be obtained from any life insurance or annuity company authorized to do business in this state [.] , or from an affiliate of such a company if the affiliate is organized as a nonprofit educational corporation and issues annuities only to nonprofit institutions of education and research.
Sec. 3. NRS 680A.070 is hereby amended to read as follows:
680A.070 A certificate of authority is not required of an insurer with respect to any of the following:
1. Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state.
κ1987 Statutes of Nevada, Page 485 (CHAPTER 211, SB 239)κ
2. Except as provided in subsection 2 of NRS 680A.060, transactions thereunder [subsequent to] after issuance of a policy covering only subjects of insurance that are not resident, located or expressly to be performed in this state at the time of issuance, and lawfully solicited, written and delivered outside this state.
3. Prosecution or defense of suits at law, except that no insurer unlawfully transacting insurance in this state without a certificate of authority may institute or maintain, other than defend, any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until the insurer or assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the duly constituted receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS.
4. Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS.
5. A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.
6. Reinsurance, except as to a domestic reinsurer.
7. Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.
8. The issuance of annuities by an affiliate of an authorized insurer if the affiliate:
(a) Is approved by the commissioner;
(b) Is organized as a nonprofit educational corporation;
(c) Issues annuities only to nonprofit institutions of education and research; and
(d) Reports and pays any premium tax on the annuities required pursuant to chapter 680B of NRS.
Sec. 4. NRS 685B.030 is hereby amended to read as follows:
685B.030 1. As used in this section unless otherwise indicated, insurer includes:
(a) All corporations, associations, partnerships and [individuals] natural persons engaged as principals in the business of insurance; and
(b) Interinsurance exchanges and mutual benefit societies.
2. It is unlawful for any insurer to transact an insurance business in this state as set forth in subsection 3, without a certificate of authority from the commissioner . [; but this] This section does not apply to:
(a) [The lawful transaction of surplus lines insurance pursuant to subsection 4 of NRS 680A.070.
κ1987 Statutes of Nevada, Page 486 (CHAPTER 211, SB 239)κ
(b) The lawful transaction of reinsurance by insurers pursuant to subsection 6 of NRS 680A.070.
(c) Transactions in this state involving a policy lawfully solicited, written and delivered outside of this state covering only subjects of insurance not resident, located or expressly to be performed in this state at the time of issuance, and which transactions are subsequent to the issuance of such policy.
(d)] Any transaction for which a certificate of authority is not required pursuant to NRS 680A.070.
(b) Attorneys at law acting in the ordinary relation of attorney and client in the adjustment of claims or losses.
[(e) Transactions in this state involving group life and group sickness and accident or blanket sickness and accident insurance or group annuities where the master policy of such groups was lawfully issued and delivered in and pursuant to the laws of a state in which the insurer was authorized to do an insurance business, to a group organized for purposes other than the procurement of insurance, and where the policyholder is domiciled or otherwise has a bona fide situs pursuant to subsection 7 of NRS 680A.070.
(f)] (c) Transactions in this state involving any policy of insurance or annuity contract issued [prior to] before January 1, 1972.
[(g)] (d) Transactions in this state relative to a policy issued or to be issued outside this state involving insurance on vessels, craft or hulls, cargoes, marine builders risk, marine protection and indemnity or other risk, including strikes and war risks commonly insured under ocean or wet marine forms of policy.
3. Any of the following acts in this state effected by mail or otherwise by or on behalf of an unauthorized insurer [is deemed to constitute] constitutes the transaction of an insurance business in this state:
(a) The making of or proposing to make, as an insurer, an insurance contract.
(b) The making of or proposing to make, as guarantor or surety, any contract of guaranty or suretyship as a vocation and not merely incidental to any other legitimate business or activity of the guarantor or surety.
(c) The taking or receiving of any application for insurance.
(d) The receiving or collection of any premium, commission, membership fees, assessments, dues or other consideration for any insurance or any part thereof.
(e) The issuance or delivery of contracts of insurance to residents of this state or to persons authorized to do business in this state.
(f) Directly or indirectly acting as an agent for or otherwise representing or aiding on behalf of another any person or insurer in the solicitation, negotiation, procurement or effectuation of insurance or renewals thereof or in the dissemination of information as to coverage or rates, or forwarding of applications, or delivery of policies or contracts, or inspection of risks, a fixing of rates or investigation or adjustment of claims or losses or in the transaction of matters [subsequent to] after effectuation of the contract and arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance that are resident, located or to be performed in this state.
κ1987 Statutes of Nevada, Page 487 (CHAPTER 211, SB 239)κ
arising out of it, or in any other manner representing or assisting a person or insurer in the transaction of insurance with respect to subjects of insurance that are resident, located or to be performed in this state. The provisions of this paragraph [shall not operate to] do not prohibit full-time salaried employees of a corporate insured from acting in the capacity of an insurance manager or buyer in placing insurance [in] on behalf of such an employer.
(g) The transaction of any kind of insurance business specifically recognized as transacting an insurance business within the meaning of the statutes relating to insurance.
(h) The transacting or proposing to transact any insurance business in substance equivalent to any of the provisions of paragraphs (a) to (g), inclusive, in a manner designed to evade the provisions of the statutes.
4. The venue of an act committed by mail is at the point where the matter transmitted by mail is delivered and takes effect.
5. The failure of an insurer transacting insurance business in this state to obtain a certificate of authority [shall] does not impair the validity of any act or contract of [such] the insurer and [shall] does not prevent [such] the insurer from defending any action at law or suit in equity in any court of this state, [but] except that no insurer transacting insurance business in this state without a certificate of authority [shall be permitted to] may maintain an action in any court of this state to enforce any right, claim or demand arising out of the transaction of such business until [such] the insurer has obtained a certificate of authority. In the event of a failure [of any such] by an unauthorized insurer to pay any claim or loss within the provisions of [such] an insurance contract, any person who assisted or in any manner aided directly or indirectly in the procurement of [such] the insurance contract [shall be] is liable to the insured for the full amount of the claim or loss in the manner provided by the provisions of [such] the insurance contract.
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Senate Bill No. 344Committee on Judiciary
CHAPTER 212
AN ACT relating to procedure in criminal cases; providing a procedure for the commitment of a criminal defendant acquitted by reason of insanity; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.521 is hereby amended to read as follows:
175.521 1. Where on a trial a defense of insanity is interposed by the defendant and he is acquitted by reason of that defense, the finding of the jury pending the judicial determination pursuant to subsection 2 has the same effect as if he were regularly adjudged insane, and the judge shall [forthwith] :
κ1987 Statutes of Nevada, Page 488 (CHAPTER 212, SB 344)κ
jury pending the judicial determination pursuant to subsection 2 has the same effect as if he were regularly adjudged insane, and the judge shall [forthwith] :
(a) Order a peace officer to take the person into protective custody and transport him to a mental health facility or hospital for detention pending a hearing to determine his mental health;
(b) Appoint two physicians, at least one of whom is a psychiatrist or is similarly qualified, to examine the person; and
(c) At a hearing in open court, receive the report of the examining physicians, and allow counsel for the state and for the person to examine the physicians, introduce other evidence and cross-examine witnesses.
2. If the court finds, after the hearing:
(a) That there is not clear and convincing evidence that the person is a mentally ill person, the court shall order his discharge; or
(b) That there is clear and convincing evidence that the person is a mentally ill person, the court shall order that [the defendant] he be committed to the custody of the administrator of the mental hygiene and mental retardation division of the department of human resources until he is regularly discharged therefrom in accordance with law.
The court shall issue its finding within 90 days after the defendant is acquitted.
[2.] 3. The administrator shall make the same reports and the court shall proceed in the same manner in the case of a person committed pursuant to this section as of a person committed because he is incompetent to stand trial pursuant to NRS 178.400 to 178.465, inclusive, except that the determination to be made by the administrator, the sanity commission and the district judge on the question of release is whether the person has recovered from his mental illness or has improved to such an extent that he is no longer [qualifies as] a mentally ill person . [for purposes of involuntary court-ordered admission to a mental health facility.]
4. As used in this section, unless the context otherwise requires, mentally ill person has the meaning ascribed to it in NRS 433A.145.
________
κ1987 Statutes of Nevada, Page 489κ
Assembly Bill No. 273Assemblyman Nevin
CHAPTER 213
AN ACT relating to the tax on special fuels; revising the method of payment under certain circumstances; removing the requirement of a special fuel users license for operators of certain motor vehicles; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. On or before the last day of each month, a special fuel dealer shall file with the department a tax return for the preceding month, regardless of the amount of tax he collected, on a form prescribed by the department.
2. A monthly return must show such information as the department requires for the proper administration and enforcement of this chapter. The return must be accompanied by a remittance, payable to the department, for the amount of excise tax due.
Sec. 3. A special fuel dealer shall not collect the special fuel tax from a person exempt from the tax pursuant to subsection 2, 3 or 4 of NRS 366.200.
Sec. 4. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this chapter, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless the special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. [Any owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which must be purchased from the first available vendor. The fee for the license is $20 for each motor vehicle. Such a license satisfies the requirements of this chapter and, except as otherwise provided in subsection 3, authorizes the operation of the motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours. Such a license allows the purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department may allow credit for such licenses purchased, if the applicant is licensed as a special fuel user. The application shall be deemed received on the date shown by the postmark stamped on the envelope containing an application properly addressed to the department.
3. The department may issue, to the owner or operator of a common motor carrier of passengers as defined in NRS 706.041, a temporary license which authorizes operation for a period of not more than 120 consecutive hours.
κ1987 Statutes of Nevada, Page 490 (CHAPTER 213, AB 273)κ
4.] The department may adopt regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 5. NRS 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having a declared gross weight of [less than 10,000 pounds.] 26,000 pounds or less.
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to be shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
(g) Private motor carriers of property as defined in NRS 706.111 which are used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
[3. The department may adopt regulations concerning the application and administration of this section.]
Sec. 6. NRS 366.240 is hereby amended to read as follows:
366.240 1. Upon receipt of the application and bond in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license . [and an appropriate device for identification.]
2. The department may refuse to issue a special fuel dealers license or special fuel users license [or other appropriate device for identification] to any person:
(a) Who formerly held a special fuel dealers license [or device for identification which, prior to] which, before the time of filing the application, has been revoked for cause;
(b) Who applies as a subterfuge for the real party in interest whose license [or identification, prior to] , before the time of filing the application, has been revoked for cause;
(c) Who neglects or refuses to furnish bond as required by [the department;] this chapter; or
(d) Upon other sufficient cause being shown.
Sec. 7. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel dealers license [or special fuel users license] is valid until suspended or revoked for cause or otherwise canceled.
2. Each [device for identification] special fuel users license is valid for the calendar year unless suspended or revoked for cause or otherwise canceled.
κ1987 Statutes of Nevada, Page 491 (CHAPTER 213, AB 273)κ
the calendar year unless suspended or revoked for cause or otherwise canceled.
3. No special fuel dealers license or special fuel users license is transferable.
Sec. 8. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of his business, he shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. The notice must give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee.
2. Surrender to the department the license certificate issued to him by the department.
3. [File] If he is a special fuel user, file a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment are due on or before the last day of the month following the month of discontinuance, sale or transfer of the business.
4. [Return his devices for identification as a special fuel user or dealer to the department.] If he is a special fuel dealer, file a monthly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and section 2 of this act on or before the last day of the month following the month of discontinuance, sale or transfer of the business.
Sec. 9. NRS 366.370 is hereby amended to read as follows:
366.370 1. [The] Except as otherwise provided in subsection 4, the excise tax imposed by this chapter with respect to the use or sale of special fuel during any calendar quarter [shall be] is due [and payable] on or before the last day of the first month following the quarterly period to which it relates.
2. If the due date falls on a Saturday, Sunday or legal holiday, the next business day is the final due date.
3. Payment shall be considered received on the date shown by the post office cancellation mark stamped upon an envelope containing payment properly addressed to the department.
4. A special fuel dealer shall pay the tax imposed by this chapter at the time he files his monthly tax return pursuant to section 2 of this act.
Sec. 10. NRS 366.380 is hereby amended to read as follows:
366.380 1. On or before the last day of January, April, July and October in each year, each [special fuel dealer or] special fuel user shall file with the department a quarterly tax return for the preceding quarter, regardless of the amount of excise tax due, on a form prescribed by the department . [, together with supporting schedules.]
2. The return [shall] must show such information as the department may reasonably require for the proper administration and enforcement of this chapter.
κ1987 Statutes of Nevada, Page 492 (CHAPTER 213, AB 273)κ
[3. The quarterly tax return shall be accompanied by a remittance, payable to the department, for the amount of excise tax due or $6, whichever is greater.]
Sec. 11. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person failing to pay any excise tax, except taxes assessed under the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to [such] the tax a penalty of 10 percent of the amount thereof, plus interest on the amount of [such] the tax at the rate of 1 percent per month or fraction thereof, from the date [such] the tax became finally due [and payable] until the date of payment.
2. Any person who fails to submit a quarterly or monthly tax return as required by NRS 366.380 or section 2 of this act, respectively, shall pay a penalty of $10 for each delinquent tax return, in addition to any other penalty provided by this chapter.
3. A tax return is considered delinquent when it has not been received by the department by the due date of the tax return, as prescribed by this chapter . [or by rules or regulations of the department.]
Sec. 12. NRS 366.540 is hereby amended to read as follows:
366.540 The tax provided for by this chapter must be paid by [the special fuel dealer in all cases where the special fuel is sold within the State of Nevada to a special fuel user who is not the holder of a special fuel users license, a device for identification, or a temporary special fuel license. In all other cases the tax must be paid by the user of the special fuel, and] special fuel dealers and special fuel users. A special fuel dealer shall remit the excise tax he collects from special fuel users with the monthly return filed pursuant to section 2 of this act. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state [.] , then subtracting the amount of tax paid to special fuel dealers.
Sec. 13. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest must be refunded to the person paying [the same.] it. Except as otherwise provided in NRS 360.235, a written application for refund, stating the specific grounds therefor, must be made within 28 months after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds must be made to a successor, assignee, estate or heir of such a person if written application is made within the time limit.
3. Any amount determined to be refundable by the department must be refunded or credited to any amounts then due from the special fuel dealer . [or special fuel user to whom the refund is due.]
4. All amounts refunded under the provisions of this chapter must be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
κ1987 Statutes of Nevada, Page 493 (CHAPTER 213, AB 273)κ
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain [month may apply for a special fuel tax refund or apply credit in lieu of refund to succeeding reports.
6. Temporary special fuel licenses are eligible for special fuel tax refunds in the manner provided by the regulations of the department.] quarter must apply credit to any excise taxes, penalties or interest required by this chapter or fees, taxes, penalties or interest applicable pursuant to chapter 706 of NRS and any balance may be refunded or credited to succeeding reports.
Sec. 14. NRS 481.051 is hereby amended to read as follows:
481.051 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall not follow [no] other gainful employment or occupation.
2. The director may organize the department into various divisions and alter the organization and reassign responsibilities and duties as he [may deem] deems appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) Adopt such regulations consistent with law as he [may deem] deems necessary for the operation of the department and the enforcement of all laws administered by the department.
4. The director may appoint vendors to serve as agents of the department to sell temporary licenses. [The vendor must be remunerated at a rate not to exceed 75 cents per temporary license.] The vendor shall collect the tax, fees and licenses provided for in [chapters 366 and] chapter 706 of NRS, and pay them to the department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000 to the state . [in such sum as may be fixed by the director. The premium on the bond may be paid by the department.] The director may appoint inspectors of the public service commission of Nevada and [troopers] personnel of the Nevada highway patrol to serve without remuneration as vendors for the purposes of this subsection.
5. The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.
6. The director has the powers of a peace officer.
Sec. 15. NRS 366.225 and 366.230 are hereby repealed.
________
κ1987 Statutes of Nevada, Page 494κ
Senate Bill No. 161Committee on Government Affairs
CHAPTER 214
AN ACT relating to the state personnel system; restricting the employment of temporary and part-time employees; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.325 is hereby amended to read as follows:
284.325 1. [Where the services to be rendered by an appointee are for a temporary period not to exceed 6 months and a proper list of eligible persons is not available, the director shall certify for the temporary service any person he deems qualified.] The director shall adopt regulations not inconsistent with this section for the certification of qualified persons for temporary service.
2. [Temporary] Except as otherwise provided in subsection 3, temporary positions which occur, terminate or recur periodically must be filled by certification in accordance with the regulations established by the director.
3. An agency may appoint persons temporarily for less than 160 cumulative hours during any calendar year, without regard to the regulations adopted by the director pursuant to subsection 1.
4. The limitation set forth in subsection 3 does not apply to temporary or part-time service by:
(a) A pupil attending his last 2 years of high school;
(b) A student employed by the college or university he attends;
(c) A person certified for temporary service in accordance with NRS 284.327;
(d) An employee of an events center of the University of Nevada System;
(e) A person employed by the University of Nevada System in a temporary position which recurs periodically for the registration of students.
5. The acceptance or refusal by an eligible person of a temporary appointment does not affect his standing on the register for permanent employment, nor may the period of temporary service be counted as part of the probationary period in case of subsequent appointment to a permanent position.
[4.] 6. Successive temporary appointments to the same position must not be made under this section.
________
κ1987 Statutes of Nevada, Page 495κ
Assembly Bill No. 414Committee on Judiciary
CHAPTER 215
AN ACT relating to crimes against the person; including kidnaping with intent to kill or inflict substantial bodily harm in the definition of first degree kidnaping; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.310 is hereby amended to read as follows:
200.310 1. Every person who [shall willfully seize, confine, inveigle, entice, decoy, abduct, conceal, kidnap or carry] willfully seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps or carries away any person by any means whatsoever with the intent to hold or detain, or who holds or detains, the person for ransom, or reward, or for the purpose of committing sexual assault, extortion or robbery upon or from the person, or for the purpose of killing the person or inflicting substantial bodily harm upon him, or to exact from relatives, friends, or any other person any money or valuable thing for the return or disposition of [such] the kidnaped person, and every person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine [it from its] him from his parents, guardians, or any other person having lawful custody of [such] the minor, or with the intent to hold [such] the minor to unlawful service, or perpetrate upon the person of [such] the minor any unlawful act is guilty of kidnaping in the first degree.
2. Every person who [shall] willfully and without authority of law [seize, inveigle, take, carry away or kidnap] seizes, inveigles, takes, carries away or kidnaps another person with the intent to keep [such] the person secretly imprisoned within the state, or for the purpose of conveying [such] the person out of the state without authority of law, or in any manner held to service or detained against his will, is guilty of kidnaping in the second degree.
________
κ1987 Statutes of Nevada, Page 496κ
Assembly Bill No. 557Committee on Judiciary
CHAPTER 216
AN ACT relating to justices courts; providing fees for certain additional acts performed by a justice of the peace; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT 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 $1,000....................................................... $25.00
If the sum claimed exceeds $1,000 but does not exceed $2,500..................... 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 exceeds $500......................................................................... 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions.................................................................................................. 10.00
For every additional 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 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
(l) For preparing any copy of any record, proceeding or paper, for each page .25
κ1987 Statutes of Nevada, Page 497 (CHAPTER 216, AB 557)κ
(m) For each certificate of the clerk, under the seal of the court.............. $2.00
(n) For searching records or files in his office, for each year.................... 1.00
(o) For filing bail bondsmans power of attorney....................................... 10.00
(p) For filing bond satisfaction or forfeiture................................................ 10.00
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.
________
Assembly Bill No. 681Committee on Judiciary
CHAPTER 217
AN ACT relating to aid to certain victims of crime; authorizing compensation of any person who pays the funeral expenses of a victim of crime; and providing other matters properly relating thereto.
[Approved May 28, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.200 is hereby amended to read as follows:
217.200 1. The hearing officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim as defined in NRS 217.070 for:
(a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of earnings or support not to exceed $200 per week and reasonably incurred as a result of the total or partial incapacity of the victim;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and
(e) Any other loss which results from the personal injury or death of the victim and which the hearing officer determines to be reasonable.
2. The hearing officer may order the payment of compensation for any person who pays the funeral expenses of a victim.
3. No award may be made for more than $15,000.
________
κ1987 Statutes of Nevada, Page 498κ
Assembly Bill No. 634Committee on Judiciary
CHAPTER 218
AN ACT relating to assistance to victims of sexual assault; expanding the definition of victim of sexual assault to include a person upon whom an attempt has been made; and providing other matters properly relating thereto.
[Approved May 29, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.280 is hereby amended to read as follows:
217.280 As used in NRS 217.290 to 217.350, inclusive, victim of sexual assault means a person who has been sexually assaulted as defined by NRS 200.366 [.] or a person upon whom a sexual assault has been attempted.
________
Assembly Bill No. 8Committee on Commerce
CHAPTER 219
AN ACT relating to secured loans; exempting certain foreign corporations and associations which make secured loans in this state from certain provisions governing financial institutions; expanding the definition of mortgage company under certain circumstances; allowing certain companies which are exempt from the requirement of licensing of mortgage companies to maintain accounts for repayment of loans; and providing other matters properly relating thereto.
[Approved May 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of financial institutions.
2. Depository financial institution means a bank, savings and loan association, thrift company or credit union.
3. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, if the loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property, unless the loans are made pursuant to subsection 6 or 8 of NRS 645B.015; [or]
(d) Holds himself out as being able to buy or sell notes secured by liens on real property [.] ; or
κ1987 Statutes of Nevada, Page 499 (CHAPTER 219, AB 8)κ
(e) Offers for sale in this state any security which is exempt from registration under state or federal law and purports to make investments in promissory notes secured by liens on real property.
Sec. 2. NRS 645B.015 is hereby amended to read as follows:
645B.015 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state , any other state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
4. Except as otherwise provided in this subsection, any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by means of a mortgage;
(b) Approved by the Federal National Mortgage Association as a seller or servicer; and
(c) Approved by the Department of Housing and Urban Development and the Veterans Administration.
A firm or corporation is not exempt from the provisions of this chapter pursuant to this subsection if it maintains any accounts described in subsection 1 [or 3] of NRS 645B.175 [.] or offers for sale in this state any unregistered security under state or federal law and purports to make investments in promissory notes secured by liens on real property. A firm or corporation which is exempted pursuant to this subsection must submit annually as a condition of its continued exemption a certified statement by an independent certified public accountant that the firm or corporation does not maintain any such accounts. This subsection does not prohibit an exempt firm or corporation from maintaining accounts described in NRS 645B.170 [.] and subsection 3 of NRS 645B.175.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account.
7. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
Sec. 3. NRS 80.250 is hereby amended to read as follows:
80.250 Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the activities enumerated in paragraph (a) of subsection 1 of NRS 80.240 without purchase or assignment from or participation with a domestic lender, and in connection therewith may carry on any of the activities listed in paragraphs (b) to (g), inclusive, of that subsection, but if it elects to do so must comply in all respects with NRS 80.010 to 80.230, inclusive.
κ1987 Statutes of Nevada, Page 500 (CHAPTER 219, AB 8)κ
enumerated in paragraph (a) of subsection 1 of NRS 80.240 without purchase or assignment from or participation with a domestic lender, and in connection therewith may carry on any of the activities listed in paragraphs (b) to (g), inclusive, of that subsection, but if it elects to do so must comply in all respects with NRS 80.010 to 80.230, inclusive. No corporation or association carrying on activities enumerated in subsection 1 of NRS 80.240 pursuant to this section is required to qualify or comply with the provisions of Title 55 of NRS.
________
Senate Bill No. 377Committee on Government Affairs
CHAPTER 220
AN ACT relating to the financing of municipal airports; exempting municipalities from certain requirements for notice and hearing, certain limits on the period and rate of interest for short-term financing and the requirement of prior approval by the department of taxation for certain short-term financing; and providing other matters properly relating thereto.
[Approved May 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 496.130 is hereby amended to read as follows:
496.130 1. A municipality [which has established or acquired or which may hereafter establish or acquire] that establishes or acquires an airport or air navigation facility may adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations or orders as it deems necessary for the management, government and use of [such] the airport or air navigation facility under its control, whether situated within or [without] outside of the territorial limits of the municipality.
2. For the enforcement thereof, the municipality may, by ordinance or resolution, as [may by law be] appropriate, appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. Penalties [shall] must be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
3. A rule, regulation or ordinance [shall] must not be adopted, amended or repealed under this chapter, except by action of the governing body of the municipality after a public hearing in relation thereto at which public utilities owning facilities in the areas involved, and other [parties of interest, and citizens] interested persons, have an opportunity to be heard. At least 15 days notice of the hearing [shall:] must:
(a) Be given to all public utilities owning facilities in the area involved [.] ; and
κ1987 Statutes of Nevada, Page 501 (CHAPTER 220, SB 377)κ
(b) Be published in an official paper or a paper of general circulation in the municipality or municipalities in which the airport is located.
This subsection does not apply to ordinances adopted pursuant to NRS 350.579.
4. All ordinances, resolutions, rules, regulations or orders which are issued by the municipality [shall] must be kept in substantial conformity with the laws of this state, or any regulations adopted or standards established pursuant thereto, and, as nearly as [may be,] possible, with the federal laws governing aeronautics and the rules, regulations or standards duly issued thereunder.
5. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it is subject to federal and state laws, rules or regulations, and under the jurisdiction and control of the municipality controlling or operating it . [, and no] No other municipality has any authority to charge or exact a license fee or occupation tax for operations thereon.
Sec. 2. NRS 496.155 is hereby amended to read as follows:
496.155 1. Subject to the provisions of NRS 496.150 and subsections 2 and 3 of this section, for any undertaking authorized in NRS 496.150, the governing body of a municipality, as it [may determine] determines from time to time, may, on the behalf and in the name of the municipality, borrow money, otherwise become obligated, and evidence the obligations by the issuance of bonds and other municipal securities, and in connection with the undertaking or the municipal airport, including without limitation air navigation facilities and other facilities appertaining to the airport, the governing body may otherwise proceed as provided in the Local Government Securities Law or as provided in subsections 4 and 5.
2. General obligation bonds, whether or not their payment is additionally secured by a pledge of net revenues, must be sold as provided in the Local Government Securities Law.
3. Revenue bonds may be sold at a public sale as provided in the Local Government Securities Law or at a private sale.
4. The governing body may by resolution acquire real property for the expansion of airport or air navigation facilities by entering into contracts of purchase, of a type and duration and on such terms as the governing body determines, including without limitation, contracts secured by a mortgage or other security interest in the real property. The governing body may not use any revenue derived from taxes ad valorem to pay for the acquisition, and the obligation under the contract does not constitute a general obligation of the municipality or apply against any debt limitation pertaining to the municipality.
5. The governing body may by resolution enter into short-term financing for any undertaking authorized in NRS 496.150 and issue negotiable instruments without regard to the [limitation] requirements specified in [paragraph] :
(a) Paragraphs (a) and (b) of subsection 2 of NRS 354.440 [.] ; and
κ1987 Statutes of Nevada, Page 502 (CHAPTER 220, SB 377)κ
(b) Subsections 1 and 2 of NRS 354.430, unless the financing is to be repaid from the proceeds of a special tax exempt from limitations on taxes ad valorem.
Sec. 3. NRS 354.430 is hereby amended to read as follows:
354.430 Except as otherwise provided in NRS 496.155:
1. Upon the adoption of a short-term financing resolution, as provided in NRS 354.618, by a local government as defined in NRS 354.474, a certified copy thereof must be forwarded to the executive director of the department of taxation. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested short-term financing, unless the resolution is governed by subsection 3, either approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.
2. If the executive director of the department of taxation does not approve the short-term financing resolution, the governing board of the political subdivision may appeal the executive directors decision to the Nevada tax commission.
3. Short-term financing for a capital expenditure for public safety may be repaid from the proceeds of a special tax exempt from the limitation on taxes ad valorem, but only if the Nevada tax commission approves this method of repayment in the particular case. The executive director shall recommend approval or disapproval to the commission.
________
Senate Bill No. 292Committee on Finance
CHAPTER 221
AN ACT relating to public employees retirement; authorizing retired employees to reinstate certain insurance held before retirement; permitting the continuance of coverage of dependents of retired employees under group insurance; and providing other matters properly relating thereto.
[Approved May 30, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until [such time as he may elect to notify] :
κ1987 Statutes of Nevada, Page 503 (CHAPTER 221, SB 292)κ
of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until [such time as he may elect to notify] :
(a) He notifies the executive officer to discontinue the deduction [.] ; or
(b) Any of his dependents elect to assume the premium applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The board may adopt regulations to carry out the provisions of subsection 1, including but not limited to regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
Sec. 2. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public employee who has retired pursuant to NRS 286.510 or 286.620 or a contract issued pursuant to NRS 286.802, or the surviving spouse of such a retired public employee who is deceased may, in any even-numbered year, reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement under NRS 287.010, 287.020 or 287.0433 as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to the employees last public employer not later than January 31, of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the policys premiums, in the manner set forth in NRS 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, of the year in which the public employee or surviving spouse gives notice of his intent to reinstate the insurance. The insurer shall approve or disapprove the request for reinstatement within 90 days after the date of the request.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
κ1987 Statutes of Nevada, Page 504 (CHAPTER 221, SB 292)κ
3. The retired public employee, his dependents and the surviving spouse of such a retired public employee who is deceased must show evidence of their good health as a condition of the reinstatement.
Sec. 3. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. §§ 1395 et seq.) upon assuming the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the public employees retirement system in order to continue coverage.
2. Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement [.] or death, as the case may be. If no notice is given by that date, the retired employee and his dependents shall be deemed to have selected the option to cancel [his] the coverage.
3. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 4. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the states group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the states share of the cost of the premiums or contributions for the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.
2. The department of personnel shall pay the amount provided by law for that fiscal year toward the cost of the premiums or contributions for group insurance for persons retired from the service of the state who have continued to participate.
κ1987 Statutes of Nevada, Page 505 (CHAPTER 221, SB 292)κ
continued to participate. The department shall agree through the committee on group insurance with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired [participants.] participant and to his dependents who elect to continue coverage under the group insurance after his death.
3. A senator or assemblyman who elects to participate in the states group insurance program shall pay the entire premium or contribution for his insurance.
Sec. 5. The provisions of section 2 of this act apply to a public employee who has retired or retires pursuant to NRS 286.510 or 286.620 or a contract issued pursuant to NRS 286.802 before, on or after July 1, 1987, his dependents and the surviving spouse of such a retired public employee who is deceased.
________
Senate Bill No. 355Committee on Finance
CHAPTER 222
AN ACT relating to the supreme court law library; authorizing the law librarian to charge a fee for certain persons who use any computerized service for legal research to which the library subscribes; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.470 is hereby amended to read as follows:
2.470 1. The supreme court law librarian may collect a charge from any person who requests any photostatic copy or photocopy print of any paper or document from the supreme court law library [.] or who uses any computerized service for legal research to which the law library subscribes. The amount of [such charge shall] the charge must be set by the supreme court law librarian but [shall] must not exceed the cost of the photographic copying process for any specific paper or document [.] or the cost to the law library for that service.
2. The money collected from [such fees shall] the fees must be deposited in the state treasurers office and credited to the account of the supreme court law library. The receipts may be expended by the supreme court law library pursuant to the provisions of law authorizing budgeted expenditures of [moneys] money not appropriated from the state general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 506κ
Senate Bill No. 231Committee on Transportation
CHAPTER 223
AN ACT relating to traffic laws; imposing penalties for certain violations concerning combinations of vehicles which are oversized or overweight; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.757 is hereby amended to read as follows:
484.757 1. Every person convicted of a violation of any limitation of weight imposed by NRS [484.744] 484.739 to 484.755, inclusive, shall be punished by a fine as specified in the following table:
Pounds of Excess Weight Fine
1 to 1,500.............................................................................................................. $10
1,501 to 2,500............................................... 1 cent per pound of excess weight
2,501 to 5,000............................................... 2 cents per pound of excess weight
5,00l to 7,500................................................ 4 cents per pound of excess weight
7,501 to 10,000............................................. 6 cents per pound of excess weight
10,001 and over........................................... 8 cents per pound of excess weight
2. If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.
3. The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt, and must not be reduced under any circumstances by the court.
4. Any bail allowed must not be less than the appropriate fine provided for in this section.
Sec. 2. NRS 484.769 is hereby amended to read as follows:
484.769 1. It is unlawful for any person to operate or move any vehicle or equipment [designated] described in NRS 484.739 or 484.759 to 484.7631, inclusive, over any highway without first obtaining a permit, or to violate or evade any of the terms or conditions of the permit when issued . [, and any] A person violating any of the provisions of NRS 484.759 to 484.767, inclusive, is guilty of a misdemeanor.
2. Any person operating or moving any vehicle or equipment [designated] described in NRS 484.739 or 484.759 to 484.7631, inclusive, over any highway under the authorization of a permit for continuous use or multiple trips over a limited time and who violates any weight limitation in excess of the weight authorized by the permit must be punished, upon conviction, as provided in NRS 484.757.
________
κ1987 Statutes of Nevada, Page 507κ
Senate Bill No. 356Committee on Finance
CHAPTER 224
AN ACT making an appropriation to the Supreme Court Justice and Widows Pension Account to pay pensions; and providing other matters properly relating thereto.
[Approved May 31, 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 Supreme Court Justice and Widows Pension Account, budget account No. 1492, the sum of $10,000 for payment of pensions to retired Supreme Court Justices for fiscal year 1986-1987.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 415Committee on Government Affairs
CHAPTER 225
AN ACT relating to deputy attorneys general; prohibiting payment to them for overtime and limiting their accumulation of compensatory time; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.183 is hereby amended to read as follows:
284.183 Notwithstanding any other provisions of NRS [, no elected or appointed department or division head in the unclassified service, including equivalent positions in the governors office (but excluding clerical staff), shall receive overtime pay, or may accumulate] :
1. An elected officer or appointed head of a department or division in the unclassified service, including an equivalent position in the governors office, but excluding clerical staff; or
2. A person appointed to serve as a deputy attorney general,
is not entitled to receive overtime pay or accumulate more than 10 days of compensatory time.
________
κ1987 Statutes of Nevada, Page 508κ
Assembly Bill No. 703Committee on Government Affairs
CHAPTER 226
AN ACT relating to local governments; requiring counties to adopt ordinances for the licensing of theme parks and permanent exhibitions; requiring cities to adopt ordinances for the licensing of tent shows, circuses, theme parks and permanent exhibitions; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.340 is hereby amended to read as follows:
244.340 1. County commissioners of the several counties shall provide by ordinance for the licensing of tent shows , [and] circuses , theme parks and permanent exhibitions in their respective counties . [; provided:
1. That in] 2. In no case [shall any such licenses] may a license for a tent show or circus be issued for a [less] sum of less than $25 per day or more than $300 per day, which [shall] must be in addition to any license provided by ordinance in any incorporated municipality, city or town of [such county; and
2. That upon] the county. Upon written application of any executive officer of any local post or unit of any national organization of ex-servicemen, acting in his official capacity, such a license or licenses [shall] must be issued without charge for not to exceed 2 weeks in any calendar year, [where] if the local post or unit is to participate in [such] the show or the proceeds thereof.
3. In no case may a license for a theme park or permanent exhibition be issued for a sum of less than $25 per day or more than $100 per day, which must be in addition to any license provided by ordinance in any incorporated municipality, city or town of the county.
4. Upon compliance with the terms of the ordinance, the owner or operator of the theme park or permanent exhibition is not required to acquire any license or certificate from a state agency which would otherwise be required to operate a lift, tramway, monorail, elevator, escalator, roller coaster or other conveyance used primarily in connection with the theme park or permanent exhibit.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The governing body of each city in this state shall provide by ordinance for the licensing of tent shows, circuses, theme parks and permanent exhibitions in their respective cities.
2. In no case may a license for a tent show or circus be issued for a sum of less than $25 per day or more than $300 per day, which must be in addition to any license provided by ordinance in the county in which the city is located. Upon written application of any executive officer of any local post or unit of any national organization of ex-servicemen, acting in his official capacity, such a license or licenses must be issued without charge for not to exceed 2 weeks in any calendar year, if the local post or unit is to participate in the show or the proceeds thereof.
κ1987 Statutes of Nevada, Page 509 (CHAPTER 226, AB 703)κ
post or unit of any national organization of ex-servicemen, acting in his official capacity, such a license or licenses must be issued without charge for not to exceed 2 weeks in any calendar year, if the local post or unit is to participate in the show or the proceeds thereof.
3. In no case may a license for a theme park or permanent exhibition be issued for a sum of less than $25 per day or more than $100 per day, which must be in addition to any license provided by ordinance in the county in which the city is located.
4. Upon compliance with the terms of the ordinance, the owner or operator of the theme park or permanent exhibition is not required to acquire any license or certificate from a state agency which would otherwise be required to operate a lift, tramway, monorail, elevator, escalator, roller coaster or other conveyance used primarily in connection with the theme park or permanent exhibit.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 318Committee on Judiciary
CHAPTER 227
AN ACT relating to parole; revising certain limitations on the authority of the state board of parole commissioners to release offenders on parole; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1099 is hereby amended to read as follows:
213.1099 1. Except as provided in subsections 2 and 3, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive . [, only if, from all the information known to the board, it appears to the board:
(a) That there] In determining whether to release a prisoner on parole, the board shall consider whether:
(a) There is a reasonable probability that [such] the prisoner will live and remain at liberty without violating the laws; and
(b) [That such] The release is [not] incompatible with the welfare of society.
2. When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against [such] the term.
3. The board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:
κ1987 Statutes of Nevada, Page 510 (CHAPTER 227, SB 318)κ
penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:
(a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;
(b) Repetitive criminal conduct;
(c) Criminal conduct related to the use of alcohol or drugs;
(d) Repetitive sexual deviance, violence or aggression; or
(e) Failure in parole, probation, work release or similar programs.
________
Senate Bill No. 443Committee on Judiciary
CHAPTER 228
AN ACT relating to prisoners; increasing the maximum amount of credit an offender may earn against his sentence for engaging in exceptional meritorious service; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.446 is hereby amended to read as follows:
209.446 1. Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, who has no serious infraction of the regulations of the department or laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed for the period he is actually incarcerated under sentence a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, an honor camp, a program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than [30] 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
κ1987 Statutes of Nevada, Page 511 (CHAPTER 228, SB 443)κ
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
________
Senate Bill No. 191Committee on Judiciary
CHAPTER 229
AN ACT relating to the estates of decedents; revising the method for determining the fees and commissions of executors, administrators and testamentary trustees; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 150.020 is hereby amended to read as follows:
150.020 1. When no compensation [shall have been] is provided by the will, or the executor [shall renounce] renounces all claims thereto, he [shall] must be allowed commissions upon the whole amount of the [personal] estate accounted for by him, as follows:
(a) For the first [$1,000,] $15,000, at the rate of [6] 4 percent.
(b) For the next [$4,000,] $85,000, at the rate of [4] 3 percent.
(c) For all above [$5,000,] $100,000, at the rate of 2 percent.
2. The same commissions [shall] must be allowed to administrators.
3. If there are two or more executors or administrators, the compensation [shall] must be apportioned among them by the court according to the services actually rendered by each.
4. In all cases an additional allowance may be made by the court for services in regard to the real property when it [shall be made to appear] appears that the [same is] services are just and reasonable.
Sec. 2. NRS 153.070 is hereby amended to read as follows:
153.070 On the settlement of each account of a trustee the court shall allow the trustee his proper expenses and such compensation for services as the court may deem just and reasonable. Where there are several trustees it shall apportion the compensation among them according to the respective services rendered. It may [, in its discretion,] fix a yearly compensation for [the trustee or trustees,] each trustee, in a set amount or pursuant to a standard schedule of fees, to continue as long as the court may deem proper.
________
κ1987 Statutes of Nevada, Page 512κ
Senate Bill No. 354Committee on Finance
CHAPTER 230
AN ACT making an appropriation to the District Judges Salary Account to pay salaries to District Judges; and providing other matters properly relating thereto.
[Approved May 31, 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 District Judges Salary Account, account No. 1490, the sum of $60,000 for payment of salaries to District Judges for fiscal year 1986-1987.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 11Committee on Finance
CHAPTER 231
AN ACT relating to investment counsel; clarifying the qualifications required of investment counsel for the public employees retirement board and the state industrial insurance system; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.680 is hereby amended to read as follows:
286.680 1. In addition to the provisions of chapter 355 of NRS, the board may invest and reinvest the money in its funds as provided in this section, NRS 286.682 and 286.686, and may employ investment counsel for that purpose. The board may also employ investment supervisory services, trust audit services and other related investment services which it deems necessary to invest effectively and safeguard the money in the systems funds.
2. No person [, firm or corporation] engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board is eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel unless:
(a) The principal business of the person [, firm or corporation] selected by the board consists of giving continuous advice as to the investment of [funds] money on the basis of the individual needs of each client;
(b) The person [, firm or corporation and its] and his predecessors have been continuously engaged in such a business for a period of 5 or more years;
κ1987 Statutes of Nevada, Page 513 (CHAPTER 231, SB 11)κ
(c) The person [, firm or corporation] is registered as an investment adviser under the laws of the United States [of America] as from time to time in effect [;] , or is a bank or an investment management subsidiary of a bank; and
(d) The contract between the [retirement] board and the investment counsel is of no specific duration and is voidable at any time by either party.
4. The board and its individual members are not liable for investment decisions made by investment counsel if they obtain qualified investment counsel, establish proper [investment] objectives and policies [,] for investments, and issue appropriate interim directives. Investment counsel is liable for any investment decision that is not made in accordance with [investment] the objectives and policies established by the board and any applicable interim directives.
5. The expenses incurred in obtaining and reviewing [those] services pursuant to the provisions of this section and the reimbursements to employees for their expenses incurred in connection with [such] investment decisions must be paid out of the public employees retirement fund and the police and firemens retirement fund in proportion to their respective assets.
6. The board shall tender invitations to all Nevada banks for commercial banking and trust services, consider proposals submitted by interested banks, and consider contracts for commercial banking and trust services at least every 3 years. [The board shall tender invitations for proposals for investment counseling services, consider proposals submitted by interested investment counsel who qualify under this chapter, and consider contracts for investment counseling services at least every 3 years. These contracts can be totally awarded to one firm or in part to several firms, whichever is more advantageous to the system. This subsection does not prohibit the board from awarding commercial banking, trust service or investment counseling contracts for shorter durations or inclusion of necessary cancellation clauses or other stipulations in such contracts.
7. The board may accept due bills from brokers upon delivery of warrants if the certificates representing the investments are not readily available.]
Sec. 2. NRS 616.4971 is hereby amended to read as follows:
616.4971 1. No person [, firm or corporation] engaged in business as a broker or dealer in securities or who has a direct pecuniary interest in any such business who receives commissions for transactions performed as an agent for the system is eligible for employment as investment counsel for the system.
2. The board shall not engage investment counsel unless:
(a) The principal business of the person [, firm or corporation] selected by the board consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of [funds] money on the basis of the individual needs of each client;
κ1987 Statutes of Nevada, Page 514 (CHAPTER 231, SB 11)κ
(b) The person [, firm or corporation and its] and his predecessors have been continuously engaged in such business for a period of 3 or more years, and , if a firm or corporation, the senior management personnel of the [person,] firm or corporation have an average of 10 years professional experience as investment managers;
(c) The person [, firm or corporation,] as of the time originally hired, has at least $250,000,000 of assets under management contract, exclusive of any assets related to governmental agencies in this state;
(d) The person [, firm or corporation] is registered as an investment adviser under the laws of the United States [of America] as from time to time in effect, or is a [national] bank or an investment management subsidiary of a [national] bank;
(e) The contract between the system and the investment counsel is of no specific duration and is voidable at any time by either party; and
(f) The person [, firm or corporation] has been approved by the state board of finance for employment as investment counsel.
3. More than one investment counsel may be employed in the discretion of the board.
4. The expense of such employment must be paid from the state insurance fund.
5. Any investment program adopted by the system and all investments made thereunder must be reported quarterly in writing by the board to the state board of finance, and [such] the report is subject to review by the state board of finance. The state board of finance may require the board to provide further reports and may recommend modifications in the investment program, including replacement of the investment counsel. If, after a reasonable time, the board has not taken suitable corrective action in response to recommendations by the state board of finance, the state board of finance may direct the board to carry out its recommendations in a manner acceptable to the state board of finance. Any directives from the state board of finance must be in writing.
6. With the approval of the state board of finance, the board may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4984, inclusive.
7. The system may accept due bills from brokers upon delivery of warrants if the certificates representing [such] the investments are not readily available.
________
κ1987 Statutes of Nevada, Page 515κ
Assembly Bill No. 412Committee on Judiciary
CHAPTER 232
AN ACT relating to domestic violence; removing inappropriate references to probation and suspension of sentence from the penalty for misdemeanor battery involving family members; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public;
(3) A member of a volunteer fire department; or
(4) A jailer, guard, matron or other correctional officer of a city or county jail.
2. Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court [:
(1) For an offender convicted of a first offense, shall not grant probation to or suspend the sentence of the person unless he completes] , as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.
[(2) Shall not grant probation to or suspend the sentence of a person who has previously been convicted of such an offense.]
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.
(c) If the battery is committed upon an officer and:
(1) The officer was performing his duty;
(2) The officer suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer,
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.
κ1987 Statutes of Nevada, Page 516 (CHAPTER 232, AB 412)κ
years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.
(e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.
________
Senate Bill No. 263Committee on Commerce and Labor
CHAPTER 233
AN ACT relating to the sale of real estate; repealing the requirement that persons holding certain licenses be residents; clarifying that certain financial institutions are exempt from certain requirements; providing a time limit for a licensee to file an answer to certain disciplinary charges; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No license may be issued pursuant to NRS 645.490 to a resident of a state other than Nevada until the applicant has appointed in writing the administrator to be his agent, upon whom all process, in any action or proceeding against him, may be served. In this writing he must agree that any process against him which is served on the administrator is of the same legal validity as if it had been served on him and state that the appointment continues in force as long as any liability remains outstanding against him in this state. It must contain a stipulation agreeing to venue in any judicial or administrative district in this state without regard to the location of the licensees principal place of business. The written appointment must be acknowledged before an officer authorized to take acknowledgments of deeds and must be filed in the office of the administrator. A copy of the appointment which is certified by the administrator is sufficient evidence of the appointment and agreement.
2. When any process is served upon the administrator under this section, the administrator shall mail the process by certified mail to the last known address of the licensee.
κ1987 Statutes of Nevada, Page 517 (CHAPTER 233, SB 263)κ
address of the licensee. Service is complete upon such mailing. The manner of serving process described in this subsection does not affect the validity of any other service authorized by law.
Sec. 2. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For the purposes of this subsection, management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.
2. The provisions of this chapter do not apply to:
(a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this state or of the United States, with reference to property it has acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation [.] it has originated or holds.
(b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
(c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
(e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
(f) The purchase, sale or locating of mining claims or options thereon or interests therein.
(g) The State of Nevada or a political subdivision thereof.
Sec. 3. NRS 645.685 is hereby amended to read as follows:
645.685 1. The licensee shall file an answer to the charges with the commission [.] no later than 30 days after he has received the notice and other documents described in subsection 4 of NRS 645.680. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely. If no answer is filed within the time limit described in this subsection, the division may, after notice to the licensee served in the manner authorized in subsection 5 of NRS 645.680, move the commission for the entry of a default against the licensee.
κ1987 Statutes of Nevada, Page 518 (CHAPTER 233, SB 263)κ
2. The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.
3. No proceeding for the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:
(a) If the charges are based upon a misrepresentation, or failure to disclose, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation or failure to disclose; and
(b) Whenever any action or proceeding is instituted to which the division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke the license is suspended during the pendency of the action or proceeding.
Sec. 4. NRS 645.340 is hereby repealed.
________
Senate Bill No. 184Committee on Commerce and Labor
CHAPTER 234
AN ACT relating to public utilities; providing a measure of damages for an injury to or the destruction of their property; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.805 is hereby amended to read as follows:
704.805 1. Any public utility [, except a community antenna television company,] may bring a civil action for damages against any person who willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service [or product] provided by the public utility by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;
(b) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
(c) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied,
and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.
κ1987 Statutes of Nevada, Page 519 (CHAPTER 234, SB 184)κ
conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.
2. There is a rebuttable presumption that the person responsible for payment for the delivery of the service [or product] of a public utility [, except a community antenna television company,] to any premises caused or had knowledge of any act specified in subsection 1 if he:
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of [such service or product] the service to the premises.
3. The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
4. A person who willfully or negligently injures or destroys the property of a public utility which is used in the actual production, distribution or delivery of the service provided by the public utility is liable to the public utility for the cost of the repair or replacement of the property injured or destroyed, including the direct and indirect costs attributable to the repair or replacement but subtracting the value, if any, of salvage.
5. Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
6. As used in this section, direct and indirect costs attributable to repair or replacement include, but are not limited to, costs for:
(a) Labor;
(b) Materials;
(c) Supervision of employees;
(d) Supplies;
(e) Tools;
(f) Taxes;
(g) Transportation;
(h) General and administrative expenses;
(i) Allocable benefits for employees;
(j) Allowances for meals; and
(k) Any other related expenses.
________
κ1987 Statutes of Nevada, Page 520κ
Senate Bill No. 296Committee on Human Resources and Facilities
CHAPTER 235
AN ACT relating to dentistry; authorizing certain dentists to perform physical evaluations and compile medical histories of patients for admission to a hospital for dental care; prohibiting a hospital from refusing to accept those physical evaluations and medical histories under certain circumstances; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 631.267 is hereby amended to read as follows:
631.267 1. A [licensed] qualified dentist may, to the extent necessary for the exercise of due care in the practice of dentistry, perform a complete physical evaluation and compile a medical history of a patient before admitting the patient to a hospital for the purpose of practicing dentistry.
2. A hospital shall not refuse to accept a physical evaluation or medical history of a patient for the purpose of admission which is performed by a qualified dentist who is a member in good standing of the medical staff of the hospital.
3. As used in this section, qualified dentist means a dentist who is licensed to practice dentistry in this state and who has completed a training program to perform physical evaluations approved by the American Medical Association or a training program for oral and maxillofacial surgery approved by the American Dental Association.
________
Assembly Bill No. 95Committee on Government Affairs
CHAPTER 236
AN ACT relating to the subdivision of land; requiring a local government to forward a copy of the tentative map to the public service commission of Nevada under certain circumstances; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.335 is hereby amended to read as follows:
278.335 1. A copy of the tentative map must be forwarded by the local government to the division of water resources and the division of environmental protection of the state department of conservation and natural resources and the health division of the department of human resources, or the local representative acting for the health division, for review.
κ1987 Statutes of Nevada, Page 521 (CHAPTER 236, AB 95)κ
2. The authority of the health division to review and certify proposed subdivisions and conduct construction or installation inspections must be exercised by the district board of health or, where there is no district board of health, then by the incorporated city within whose limits, or the county in whose unincorporated area, the subdivision is to be situated if:
(a) The district board of health or the city or county requests such authority of the health division; and
(b) The health division determines that the district board of health or the city or county is adequately staffed to conduct the subdivision review and inspections.
3. A district board of health or a city or county which conducts reviews and inspections under this section shall certify to the health division within 10 days after filing its recommendations concerning the tentative map and after approving the final map that the subdivision meets all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities.
4. The state is not chargeable with any expense incurred by a district board of health or a city or county acting pursuant to this section.
5. Each reviewing agency shall within 15 days from the receipt of the tentative map file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.
6. The local government shall, for informational purposes only, immediately forward a copy of the tentative map to the public service commission of Nevada for any subdivision which will provide water or services for the disposal of sewage and is subject to the provisions of NRS 704.679. The public service commission of Nevada shall acknowledge receipt of the tentative map within 15 days after it is received.
________
Senate Bill No. 384Senator Jacobsen
CHAPTER 237
AN ACT relating to the Douglas County Lodgers Tax Law; authorizing an increase of the tax; requiring that any increase be used to promote tourism in the county; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 28 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, at page 1253, is hereby amended to read as follows.
κ1987 Statutes of Nevada, Page 522 (CHAPTER 237, SB 384)κ
Sec. 28. Authorization of tax.
1. The municipality may impose an occupancy tax for revenues by ordinance on lodging within the municipality.
2. The occupancy tax shall not exceed [5] 7 percent of the gross taxable rent. Any amount in excess of 5 percent must be used exclusively for advertising, publicizing and promoting the recreational facilities for the attraction of tourists and vacationers to the county.
3. Every vendor who is furnishing any lodgings within the municipality is exercising a taxable privilege.
4. A vendor [shall not be] is not exempt from the occupancy tax because the taxable premises are at any time located in an incorporated city, incorporated town or other public body , [(] other than the municipality . [)]
Sec. 2. Section 34 of the Douglas County Lodgers Tax Law, being chapter 639, Statutes of Nevada 1969, as amended by chapter 313, Statutes of Nevada 1979, at page 468, is hereby amended to read as follows:
Sec. 34. Use of tax proceeds.
1. Subject to the provisions of [section] sections 28 and 35 of this act, the municipality may use the proceeds of its occupancy tax, if any, at any time or from time to time, as the governing body may determine, but subject to any contractual limitations pertaining to such tax proceeds, to defray costs of:
(a) The collection and other administration of the occupancy tax;
(b) The planning, establishment, acquisition, improvement, equipment, repair, operation and maintenance , [(] or any combination thereof , [)] of:
(1) Municipal airport facilities;
(2) Municipal recreational facilities; or
(3) Combined facilities;
(c) The acquisition, improvement, repair, operation, maintenance and disposal , [(] or any combination thereof , [)] of property for such airport facilities, such recreational facilities, or such combined facilities or appurtenant or incidental thereto, including without limitation sites, buildings, fixtures, other structures, other improvements and equipment therefor;
(d) Reasonably advertising, publicizing and promoting the recreational facilities for the attraction of tourists and vacationists to the county; or
(e) All or any combination of the foregoing purposes or transactions stated in this subsection.
2. Except as may be otherwise provided in any ordinance or other proceedings authorizing the issuance of or otherwise pertaining to outstanding municipal airport bonds or other outstanding municipal airport securities, the proceeds of the municipal occupancy tax may be held in a reserve account or reserve accounts as the governing body may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1.
κ1987 Statutes of Nevada, Page 523 (CHAPTER 237, SB 384)κ
may determine for use subsequently for any one, all or any combination of the purposes or transactions stated in subsection 1.
________
Senate Bill No. 203Committee on Government Affairs
CHAPTER 238
AN ACT relating to the state housing authority; changing the name of the authority to the Nevada rural housing authority; increasing the compensation of the commissioners; authorizing programs to subsidize the rental payments of certain tenants; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 315.962 is hereby amended to read as follows:
315.962 As used in NRS [315.960] 315.961 to 315.996, inclusive, unless the context otherwise requires, the words and terms defined in NRS 315.963 to 315.976, inclusive, have the meanings ascribed to them in [such] those sections.
Sec. 2. NRS 315.964 is hereby amended to read as follows:
315.964 Authority or state authority means the Nevada [state] rural housing authority created by NRS [315.960 to 315.996, inclusive.] 315.977.
Sec. 3. NRS 315.965 is hereby amended to read as follows:
315.965 Bonds means any bonds, notes, interim certificates, debentures or other obligations issued by the authority pursuant to the provisions of NRS [315.960] 315.961 to 315.996, inclusive.
Sec. 4. NRS 315.977 is hereby amended to read as follows:
315.977 1. The Nevada [state] rural housing authority, consisting of five [members] commissioners appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Two [members] commissioners who have experience in banking, real estate or homebuilding.
(b) Three [members] commissioners who are representatives of the general public.
3. [The state controller is an ex officio commissioner without vote.
4.] At least four of the [appointed commissioners shall] commissioners must be residents of counties [having a population of] whose population is less than 100,000.
[5.] 4. A majority of the [members] commissioners constitutes a quorum, and a vote of the majority is necessary to carry any question.
Sec. 5. NRS 315.979 is hereby amended to read as follows:
315.979 1. As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a chairman and vice chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the authority and conducting the business thereof.
κ1987 Statutes of Nevada, Page 524 (CHAPTER 238, SB 203)κ
chairman and vice chairman and by adopting bylaws and rules and regulations suitable to the purpose of organizing the authority and conducting the business thereof.
2. The commissioners shall appoint an executive director and such other officers and employees as the authority may require for the performance of its duties. [All of these] The executive director is in the unclassified service of the state. The remaining positions are in the classified service of the state. The commissioners shall prescribe the duties of each officer and employee and shall fix their salaries in accordance with the pay plan of the state.
3. At least once a year the authority shall file with the governor a report of its activities for the preceding year and shall make recommendations with reference to such additional legislation or other actions as it deems necessary in order to carry out the purposes of NRS [315.960] 315.961 to 315.996, inclusive.
Sec. 6. NRS 315.980 is hereby amended to read as follows:
315.980 Each commissioner is entitled to receive compensation of [$60] $80 per day for attendance at meetings of the authority.
Sec. 7. NRS 315.983 is hereby amended to read as follows:
315.983 1. The authority [shall constitute] is a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out [and effectuate] the purposes and provisions of NRS [315.960] 315.961 to 315.996, inclusive, but not the power to levy and collect taxes or special assessments.
2. The authority may:
(a) Sue and be sued.
(b) Have a seal . [and alter the same at pleasure.]
(c) Have perpetual succession.
(d) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(e) [Make, and from time to time amend and repeal] Adopt bylaws, rules and regulations to carry into effect the powers and purposes of the authority.
Sec. 8. NRS 315.984 is hereby amended to read as follows:
315.984 Subject to the provisions of NRS 315.986 and 315.987, the authority may, within its area of operation:
1. Prepare, carry out and operate housing projects and provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof.
2. Administer programs to subsidize that portion of a tenants rental payments which represents the difference between the payment required in the lease and the amount paid under any program of the Federal Government.
3. Determine where there is a need for additional low-rent housing for persons of low income and where there is unsafe, insanitary or overcrowded housing.
[3.] 4. Make studies and recommendations relating to the problems of relieving the shortage of low-rent housing and of eliminating unsafe, insanitary or overcrowded housing.
κ1987 Statutes of Nevada, Page 525 (CHAPTER 238, SB 203)κ
[4.] 5. Cooperate with the Federal Government, other state agencies, local housing authorities, counties, cities, towns, and any political subdivisions of the state in action taken in connection with such problems.
Sec. 9. NRS 315.985 is hereby amended to read as follows:
315.985 1. Except as provided in subsection 2, a local housing authority may at any time relinquish to the state [rural housing] authority the exclusive right to operate within its area. The relinquishment [shall be] is effective upon the filing of a relinquishment resolution in the office of the executive director.
2. No local housing authority may relinquish its obligations under an existing federal assistance contract or relinquish its obligation to operate a federally assisted housing project for which there is an outstanding federal assistance contract or outstanding bonded indebtedness guaranteed by the Federal Government.
Sec. 10. NRS 315.988 is hereby amended to read as follows:
315.988 1. The state authority may exercise all or any part or combination of the powers granted to local housing authorities in NRS 315.450, 315.460 and 315.470 in connection with contracts, property, investments and related matters.
2. The provisions of NRS 315.560, 315.570 and 315.600 to 315.780, inclusive, concerning powers of local housing authorities with respect to federal aid, housing in rural areas, bond financing and related matters apply to the state authority [created pursuant to the provisions of NRS 315.960 to 315.996, inclusive,] in the same manner and to the same extent as they apply to local authorities.
Sec. 11. NRS 315.990 is hereby amended to read as follows:
315.990 The authority shall agree with the governing body of each affected city, town, county or other political subdivision to make such payments in lieu of taxes as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of NRS [315.960] 315.961 to 315.996, inclusive.
Sec. 12. NRS 315.992 is hereby amended to read as follows:
315.992 1. All real and personal property of the authority, including [funds,] money, owned or held by it for the purposes of NRS [315.960] 315.961 to 315.996, inclusive, [shall be] are exempt from levy and sale by virtue of an execution or other judicial process. Execution or other judicial process [shall] may not issue against such property, nor [shall] may any judgment against the authority be a charge or lien upon such property.
2. This section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees or revenues.
Sec. 13. NRS 315.996 is hereby amended to read as follows:
315.996 The provisions of NRS 315.550 apply to housing projects of the state authority undertaken pursuant to the provisions of NRS [315.960] 315.961 to 315.996, inclusive, in the same manner and to the same extent as they apply to projects of local authorities.
κ1987 Statutes of Nevada, Page 526 (CHAPTER 238, SB 203)κ
315.961 to 315.996, inclusive, in the same manner and to the same extent as they apply to projects of local authorities.
Sec. 14. NRS 315.960, 315.970, 315.974 and 315.975 are hereby repealed.
________
Senate Bill No. 222Senator Raggio
CHAPTER 239
AN ACT relating to the bureau of alcohol and drug abuse; authorizing the chief of the bureau to establish requirements for continuing education for certain personnel; authorizing the chief to set and collect certain fees; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 458.025 is hereby amended to read as follows:
458.025 The bureau of alcohol and drug abuse is hereby created in the rehabilitation division of the department. The bureau:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which [shall include but not be limited to:] must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, persons who have professional training in [health] fields of health and others involved in the education and prevention of alcohol and drug abuse [education and prevention] and in the treatment and recovery of alcohol and drug abusers, and a plan to provide [such] the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of [such] the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Is responsible for coordinating efforts to carry out the state plan and coordinating all state and federal [funding] financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all [grant] applications for grants from within the state which are concerned with alcohol and drug abuse programs, and [has the responsibility to] shall review and advise concerning [such] the applications.
κ1987 Statutes of Nevada, Page 527 (CHAPTER 239, SB 222)κ
within the state which are concerned with alcohol and drug abuse programs, and [has the responsibility to] shall review and advise concerning [such] the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of any facilities, programs or personnel on the basis of the standards, and publish a list of certified facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal [funds] money for alcohol and drug abuse programs. The chief shall establish requirements for continuing education for persons certified as counselors and administrators of the programs and may set fees for certification of facilities, programs or personnel. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed $100.
4. Upon request from a [self-supported facility, has the authority to certify such] facility which is self-supported, may certify the facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.
________
Senate Bill No. 283Committee on Commerce and Labor
CHAPTER 240
AN ACT relating to social workers; deleting the requirement that social workers must be certified by the Academy of Certified Social Workers; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.265 is hereby amended to read as follows:
433.265 Any person employed by the division as a [:
1. Psychiatrist,] psychiatrist, psychologist or registered nurse must be licensed or certified by the appropriate state licensing board for his respective profession.
[2. Social worker must be certified by the Academy of Certified Social Workers.]
Sec. 2. NRS 641B.010 is hereby repealed.
Sec. 3. Section 5 of chapter 634, Statutes of Nevada 1985, at page 2044, is hereby amended to read as follows:
Sec. 5. NRS 433.209 is hereby amended to read as follows:
433.209 Person professionally qualified in the field of psychiatric mental health means:
1. A psychiatrist licensed to practice medicine in the State of Nevada [;] and eligible for certification by the American Board of Psychiatry and Neurology;
κ1987 Statutes of Nevada, Page 528 (CHAPTER 240, SB 283)κ
2. A psychologist certified to practice in this state ; [or employed as such by the division;]
3. A social worker who holds a masters degree in social work, or is a candidate for that degree and is employed by the division; or
4. A registered nurse who [holds a masters degree in the field of psychiatric nursing and is] :
(a) Is licensed to practice professional nursing in this state;
(b) Holds a masters degree in the field of psychiatric nursing; and
(c) Is employed by the division.
________
Assembly Bill No. 120Committee on Economic Development, Small Business and Tourism
CHAPTER 241
AN ACT relating to foreign corporations; authorizing foreign corporations to produce motion pictures in this state without qualifying to do business in this state; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 80.240 is hereby amended to read as follows:
80.240 1. Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the following activities:
(a) The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds or deeds of trust on real property situated in this state, by purchase or assignment from, or by participation with a domestic lender, pursuant to the commitment agreement or arrangements made before or after the origination, creation or execution of such loans, notes or other evidences of indebtedness.
(b) The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.
(c) The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.
(d) The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.
(e) The making, collection or servicing of such loans.
(f) The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.
κ1987 Statutes of Nevada, Page 529 (CHAPTER 241, AB 120)κ
(g) The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.
(h) The production of motion pictures as defined in NRS 231.020.
2. Any corporation or association carrying on [the activities] any activity enumerated in subsection 1 shall, for the [purpose] purposes of this section, be deemed to have appointed the secretary of state as its agent upon whom all lawful process in any action or legal proceeding against it relative to any [loan, mortgage or deed of trust] activity enumerated in subsection 1 or any cause of action arising in this state may be served, and any lawful process against it which may be served upon the secretary of state as provided in this section is of the same force and validity as if served upon the corporation or association.
3. Process authorized by subsection 2 must be served by delivering to and leaving with the secretary of state duplicate copies of the process with payment of a fee of $10, and service thereof upon the secretary of state shall be deemed service upon the corporation or association. The secretary of state shall forthwith forward one copy of the process by registered or certified mail prepaid to the corporation or association, or in the case of a corporation or association organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the corporation or association, giving the day and the hour of [such] the service. Service of process is not complete until the copy thereof has been mailed and received by the corporation or association, and the receipt of the addressee is prima facie evidence of the completion of [such] the service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the corporation or association is required to appear is extended 10 days.
4. Any corporation or association carrying on [the activities] any activity enumerated in subsection 1 shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list . [of officers and directors.] The fee is in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of the annual list does not constitute the maintenance of an office for the transaction of business within the state for the purposes of subsection 1. Any corporation or association which refuses or neglects to pay the fee and file a list of officers and directors within the time provided shall pay, in addition to the amount of the fee, a penalty of $12.50. Unless the fee and penalty are paid and the lists are filed on or before the 1st Monday in August following the due date, the defaulting corporation forfeits the amount of the fee and penalty to the State of Nevada and its right to transact any business within this state. The fee and penalty must be collected as provided in NRS 80.160.
5. [No] Except as otherwise provided in NRS 80.250, no corporation or association carrying on [the activities] any activity stated in subsection 1 is required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, or Title 55 of NRS.
κ1987 Statutes of Nevada, Page 530 (CHAPTER 241, AB 120)κ
required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, or Title 55 of NRS.
________
Assembly Bill No. 292Committee on Taxation
CHAPTER 242
AN ACT relating to property tax; establishing the procedure for taxing personal property which was not assessed; establishing the procedure for collecting the additional tax due on personal property which was underassessed; establishing the procedure for correction of an overassessment resulting from factual error; providing a penalty for the failure to submit a certain report or the submission of an incorrect report; revising the provisions governing the assessment and taxation of real property; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. If the county assessor determines that certain personal property was not assessed, he may assess the property based upon its taxable value in the year in which it was not assessed.
2. If the county assessor determines that certain personal property was underassessed because it was incorrectly reported by the owner, the assessor may assess the property based upon its taxable value in the year in which it was underassessed. He may then send an additional tax bill for an amount which represents the difference between the reported value and the taxable value for each year.
3. The assessments provided for in subsections 1 and 2 may be made at any time within 3 years after the end of the fiscal year in which the taxes would have been due. The tax bill must specify the fiscal year for which the tax is due and the applicable rate and whether it is for property which was not assessed or for property which was underassessed.
4. If property is not assessed or is underassessed because the owner submitted an incorrect written statement or failed to submit a written statement required pursuant to subsection 1 of NRS 361.265, there must be added to the taxes due a penalty in the amount of 20 percent of the tax for each year the property was not assessed or was underassessed.
Sec. 3. 1. Whenever an overassessment of real property appears upon the tax roll of any county because of a factual error concerning its existence on July 1, zoning, use, size or age, the county assessor shall make a report thereof to the board of county commissioners of the county.
κ1987 Statutes of Nevada, Page 531 (CHAPTER 242, AB 292)κ
2. The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:
(a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and
(b) Serve a copy of the order on the county treasurer, who shall make the necessary refunds or adjustments to the tax bill and correct the tax roll. Only the rolls for the current and the succeeding tax year may be so corrected.
Sec. 4. 1. The county assessor of any county in which real property is located which is not on the secured roll shall assess the property and petition the appropriate board of equalization to place the property on the secured roll for the next tax year. The taxes for the current year and any prior year must be calculated and collected in the same manner as if the property had been assessed in those years and placed on the secured roll.
2. The assessment may be made at any time within 3 years after the end of the fiscal year in which the taxes would have been due.
3. The petition must be made to the:
(a) County board of equalization if the assessment is made on or after July 1 but before January 15; or
(b) State board of equalization if the assessment is made on or after January 15 but before July 1.
4. The county assessor shall give notice of the assessment by certified letter to the owner of the property on or before the date on which the petition is filed pursuant to subsection 1. The notice must include:
(a) A description of the property;
(b) The years for which the taxes were not paid;
(c) The assessed valuation of the property for each of the years stated in paragraph (b); and
(d) A statement informing the property owner of his right to appeal the assessed valuation at a hearing of the appropriate board of equalization.
Sec. 5. NRS 361.265 is hereby amended to read as follows:
361.265 1. [For the purpose of enabling] To enable the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms to be furnished by the county assessor of all the personal property within the county, owned, claimed, possessed, controlled or managed by those persons, firms, corporations, associations or companies. This statement must be returned not later than July 31, except for a statement mailed to the taxpayer after July 15, in which case it must be returned within 15 days after demand for its return is made. Upon petition of the property owner showing good cause, the county assessor may grant one or more 30-day extensions.
2. If the owners of any taxable property not listed by another person are absent or unknown, or fail to provide the written statement [within 15 days after demand is made therefor,] as described in subsection 1, the county assessor shall make an estimate of the value of the property and assess it accordingly.
κ1987 Statutes of Nevada, Page 532 (CHAPTER 242, AB 292)κ
after demand is made therefor,] as described in subsection 1, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to unknown owner; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of [such] the property for taxes invalid.
3. [At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.
4.] If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or [to] sign the statement, he is guilty of a misdemeanor . [and must be arrested upon the complaint of the county assessor or his deputy.]
Sec. 6. NRS 361.770 is hereby amended to read as follows:
361.770 1. If newly constructed real property is [overlooked or] not assessed on the secured assessment roll for [any] the current tax year and the roll has been closed or accounted for, the county assessor of any county wherein the property is located may assess the property as personal property and give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in quarterly installments as provided in NRS 361.483.
2. An assessment may be made at any time [within 1 year after the time when the property would normally have been assessed on the real property roll, and the] between July 1 and December 15. The receipt issued by the county assessor must specify the description of the property, together with the year for which the tax is paid.
3. Any taxes for property assessed pursuant to this section which become delinquent must be treated in the same manner as if the property had been placed on the secured roll.
4. The receipt issued by the county assessor is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and is a complete defense to any action for taxes which may be brought for the period covered by the receipt.
________
κ1987 Statutes of Nevada, Page 533κ
Assembly Bill No. 260Assemblyman Jeffrey
CHAPTER 243
AN ACT relating to contractors; releasing a subcontractor who stops work because of the failure of the prime contractor to pay according to an agreed schedule from liability for nonperformance; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.322 is hereby amended to read as follows:
624.322 1. If, through no fault or act of a prime contractor or anyone employed by him, the owner fails to pay [such contractor pursuant] that contractor:
(a) Pursuant to their [contract payment schedule,] schedule for payments under the contract, or within a reasonable time after maturity and presentation of charges [where no payment] if no schedule is established [, any] ;
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner [, or such] ; or
(c) Such sum as is otherwise properly due,
or if the owner through his own act or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, [then] the contractor may, after 5 working days written notice to the owner, stop work or terminate the contract and recover from the owner payment for all work executed.
2. If, through no fault of a subcontractor or anyone employed by him, the contractor fails to pay [such subcontractor pursuant] that subcontractor:
(a) Pursuant to the [subcontract payment schedule,] schedule for payments under the subcontract, or within a reasonable time after maturity and presentation of charges [where no payment] if no schedule is established [, any] ;
(b) Any sum certified by the architect, engineer or other supervisory agent of the owner or contractor [, or such] ; or
(c) Such sum as is otherwise properly due,
or if the contractor through his own acts or neglect, excluding acts of God, floods, fires or strikes, causes the work to be stopped for a period of 5 working days or more, [then] the subcontractor may, after 5 working days written notice to the owner and the contractor, stop work or terminate the subcontract and recover from the contractor payment for all work executed. Such a subcontractor may not be held liable for nonperformance of that subcontract and for the cost incurred by the contractor to complete the work.
3. The provisions of subsection 2 do not apply if the contractors failure to pay is caused by his need to withhold money pursuant to an official notice from a state agency that he is liable to make payments for the subcontractor pursuant to chapter 608, 612 or 616 of NRS.
κ1987 Statutes of Nevada, Page 534 (CHAPTER 243, AB 260)κ
from a state agency that he is liable to make payments for the subcontractor pursuant to chapter 608, 612 or 616 of NRS.
________
Assembly Bill No. 281Committee on Commerce
CHAPTER 244
AN ACT relating to insurance; authorizing health maintenance organizations and nonprofit corporations for hospital or medical service to administer programs of health insurance; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 683A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A health maintenance organization licensed under chapter 695C of NRS may enter into a contract to act as an administrator of a program of health insurance.
2. Before entering into a contract pursuant to subsection 1, a health maintenance organization must file a copy of the contract with the commissioner for his approval. The commissioner shall disapprove the contract if in his opinion it would have a substantial adverse effect on the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. The commissioner shall approve or disapprove the contract within 60 days after the filing.
3. A health maintenance organization that enters into a contract pursuant to this section is exempt from the provisions of this chapter relating to licensing and bonding of administrators, but is subject to all other provisions of this chapter.
Sec. 3. 1. A nonprofit corporation for hospital or medical services licensed pursuant to chapter 695B of NRS may enter into a contract to act as an administrator of a program of health insurance.
2. Before entering into a contract pursuant to subsection 1, the nonprofit corporation must notify the commissioner in writing and provide him with a copy of the contract and a summary of the corporations liabilities and costs under the contract.
3. A nonprofit corporation for hospital or medical services that enters into a contract pursuant to this section is exempt from the provisions of this chapter relating to licensing and bonding of administrators, but is subject to all other provisions of this chapter.
________
κ1987 Statutes of Nevada, Page 535κ
Senate Bill No. 275Committee on Government Affairs
CHAPTER 245
AN ACT relating to insurance; authorizing public agencies and nonprofit medical facilities to enter into cooperative agreements for the purchase of certain kinds of insurance or for the establishment of self-insurance reserves or funds for coverage; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section:
(a) Medical facility has the meaning ascribed to it in NRS 449.0151.
(b) Nonprofit medical facility means a nonprofit medical facility in this or another state.
(c) Public agency has the meaning ascribed to it in NRS 277.100, and includes any municipal corporation.
2. Any two or more public agencies or nonprofit medical facilities may enter into a cooperative agreement for the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, other than workmens compensation and employers liability, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; or
(e) Insurance for any combination of these kinds.
3. Every such agreement must:
(a) Be ratified by formal resolution or ordinance of the governing body or board of trustees of each agency or nonprofit medical facility included;
(b) Be included in the minutes of each governing body or board of trustees, or attached in full to the minutes as an exhibit;
(c) Be submitted to the commissioner of insurance for approval in the manner provided by NRS 277.150; and
(d) If a public agency is a party to the agreement, comply with the provisions of NRS 277.080 to 277.180, inclusive.
4. Each participating agency or nonprofit medical facility shall provide for any expense to be incurred under any such agreement.
Sec. 2. NRS 277.045 is hereby amended to read as follows:
277.045 1. Except as limited by NRS 280.105, any two or more political subdivisions of this state, including without limitation counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money .
κ1987 Statutes of Nevada, Page 536 (CHAPTER 245, SB 275)κ
or exchange of personnel, equipment, property or facilities of any kind, or the payment of money . [, the purchase of insurance or the establishment of a self-insurance reserve or fund for coverage under a plan of:
(a) Casualty insurance, other than workmens compensation and employers liability, as that term is defined in NRS 681A.020;
(b) Marine and transportation insurance, as that term is defined in NRS 681A.050;
(c) Property insurance, as that term is defined in NRS 681A.060;
(d) Surety insurance, as that term is defined in NRS 681A.070; or
(e) Insurance for any combination of these kinds.]
2. Every such agreement must be by formal resolution or ordinance of the governing body of each political subdivision included, and must be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for any expense to be incurred under any such agreement, the money for which is not made available through grant, gift or other source.
Sec. 3. This act does not limit any agreement in force before the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 690Committee on Government Affairs
CHAPTER 246
AN ACT relating to counties; authorizing a county to issue taxable bonds to finance projects for the generation and transmission of electricity; and providing other matters properly relating thereto.
[Approved May 31, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A county may issue revenue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax to finance or defray all or any portion of the cost of acquiring, improving and equipping a project for the generation and transmission of electricity.
2. A county may:
(a) Designate the portion of the capacity of the project which is to be owned by the county and the portion of the costs of the project which is to be financed with such bonds.
κ1987 Statutes of Nevada, Page 537 (CHAPTER 246, AB 690)κ
(b) Provide that such bonds are secured and payable separately from other bonds issued for the project, and provide for the allocation of the proceeds of the bonds and the revenues derived from the project.
Sec. 2. NRS 244A.671 is hereby amended to read as follows:
244A.671 [Whenever] As used in NRS 244A.669 to 244A.763, inclusive, and section 1 of this act, unless a different meaning clearly appears from the context, the words and terms defined in NRS 244A.673 to 244A.693, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 244A.699 is hereby amended to read as follows:
244A.699 1. A county which acquired or which contemplates acquiring a project for the generation and transmission of electricity may sell all or part of its capacity and may charge for the use of its transmitting facilities, and for this purpose may contract with one or more purchasers . [, but the] The amount sold or charged to any purchaser or any combination thereof must not exceed the amount allowable under the Internal Revenue Code of 1954, as amended, or the United States Treasury Regulations prescribed thereunder so as to result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid, or to be paid, on any bonds issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project [.] , unless the bonds are issued pursuant to section 1 of this act.
2. If a county decides to sell capacity of the project after the expiration of all of the initial contracts for such sale, it shall give a first right of refusal to electric utilities which primarily serve retail customers in this state to purchase that capacity. No right of first refusal arises at any time by virtue of this section if and to the extent that, under the Internal Revenue Code and regulations prescribed thereunder as they exist at that time, such a right of first refusal would or could result in a change in or loss of the exemption from federal income tax or the exclusion from gross income for the purposes of federal income tax for the interest paid or to be paid on any bonds issued or to be issued by the county to finance all or a portion of the costs of acquiring, improving or equipping the project [.] , unless the bonds are issued pursuant to section 1 of this act.
3. Any agreement between a county and a purchaser of all or part of the capacity of a project may include a provision that the obligation of the purchaser to make payments:
(a) Exists whether or not:
(1) The project or any part thereof is completed, operating or capable of operation; or
(2) The generation of electricity from the project is stopped or reduced for any reason.
(b) Must not be reduced by offset or otherwise.
(c) Is not conditional upon the performance, by any party to the agreement described in this subsection, of that partys obligation under any other agreement.
________
κ1987 Statutes of Nevada, Page 538κ
Senate Bill No. 453Senator Jacobsen
CHAPTER 247
AN ACT relating to water conservancy districts; conforming a classification based on population to other statutes which create a similar classification; and providing other matters properly relating thereto.
[Approved June 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 541.160 is hereby amended to read as follows:
541.160 In addition to the other means of providing revenue for such districts as [herein provided,] provided in this chapter, the board [shall have power and authority to] may levy and collect taxes and special assessments for maintaining and operating those works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:
1. Class A. To levy and collect taxes upon all property within the district as [hereinafter provided.] provided in this chapter.
2. Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as [hereinafter provided.] provided in this chapter.
3. Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as [hereinafter provided.] provided in this chapter.
4. Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as [hereinafter provided.] provided in this chapter.
5. Class E. In the case of any subdistrict located in a county [with a population of 75,000 or more and less than 120,000,] whose population is 100,000 or more but less than 250,000, to levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 539κ
Senate Bill No. 441Committee on Natural Resources
CHAPTER 248
AN ACT relating to state emblems; designating sandstone as the state rock; and providing other matters properly relating thereto.
[Approved June 1, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:
The rock known as sandstone is hereby designated as the official state rock of the State of Nevada.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 462Senators Raggio and Gibson
CHAPTER 249
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved June 2, 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 $800,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 59Senator Coffin
CHAPTER 250
AN ACT relating to civil liability; providing indemnification of independent contractors with the state who provide medical services for the department of prisons; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.0307 is hereby amended to read as follows:
41.0307 As used in NRS 41.031 to 41.039, inclusive, and sections 2 and 3 of chapter 40, Statutes of Nevada 1987:
κ1987 Statutes of Nevada, Page 540 (CHAPTER 250, SB 59)κ
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. Employment includes any services performed by an immune contractor.
3. Immune contractor means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, professional corporation and professional association, have the meanings ascribed to them in NRS 89.020.
4. Public officer or officer includes:
(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.
(b) A public defender and any deputy or assistant attorney of a public defender.
Sec. 2. NRS 41.032 is hereby amended to read as follows:
41.032 Except as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions which is:
1. Based upon an act or omission of an officer [or employee,] , employee or immune contractor, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if the statute or regulation has not been declared invalid by a court of competent jurisdiction; or
2. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any officer [or employee] , employee or immune contractor of any of these, whether or not the discretion involved is abused.
Sec. 3. NRS 41.0337 is hereby amended to read as follows:
41.0337 No tort action arising out of an act or omission within the scope of his public duties or employment may be brought against any [officer] present or former:
1. Officer or employee [, or former officer or employee] of the state or of any political subdivision [or against any state legislator or former state] ;
2. Immune contractor; or
3. State legislator ,
unless the state or appropriate political subdivision is named a party defendant under NRS 41.031.
Sec. 4. NRS 41.0338 is hereby amended to read as follows:
41.0338 As used in NRS 41.0339 to 41.0349, inclusive, official attorney means:
κ1987 Statutes of Nevada, Page 541 (CHAPTER 250, SB 59)κ
1. The attorney general, in an action which involves a present or former legislator, officer or employee of this state [or a present or former] , immune contractor or member of a state board or commission.
2. The chief legal officer or other authorized legal representative of a political subdivision, in an action which involves a present or former officer or employee of that political subdivision or a present or former member of a local board or commission.
Sec. 5. NRS 41.0339 is hereby amended to read as follows:
41.0339 The official attorney shall provide for the defense, including the defense of cross-claims and counterclaims, of any [officer or employee,] present or former officer or employee [, member or former member of any official board or commission] of the state or a political subdivision [or of any state legislator or former] , immune contractor or state legislator in any civil action brought against that person based on any alleged act or omission relating to his public duties or employment if:
1. Within 15 days after service of a copy of the summons and complaint or other legal document commencing the action, he submits a written request for defense:
(a) To the official attorney; or
(b) If the officer [or employee] , employee or immune contractor has an administrative superior, to the administrator of his agency and the official attorney; and
2. The official attorney has determined that the act or omission on which the action is based appears to be within the course and scope of public duty or employment and appears to have been performed or omitted in good faith.
Sec. 6. NRS 41.0346 is hereby amended to read as follows:
41.0346 1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a public officer, employee, immune contractor, member of a board or commission , [member] or legislator, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:
(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;
(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;
(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good faith with the defense of the case; or
(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the state or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendants public duty [.]
κ1987 Statutes of Nevada, Page 542 (CHAPTER 250, SB 59)κ
defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendants public duty [.] or employment.
2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the state or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.
Sec. 7. NRS 41.0347 is hereby amended to read as follows:
41.0347 If the official attorney does not provide for the defense of a present or former officer, employee, immune contractor, member of a board or commission [member] of the state or any political subdivision or of a legislator in any civil action in which the state or political subdivision is also a named defendant, or which was brought in a court other than a court of competent jurisdiction of this state, and if it is judicially determined that the injuries arose out of an act or omission of that person during the performance of any duty within the course and scope of his public duty or employment and that his act or omission was not wanton or malicious:
1. If the attorney general was responsible for providing the defense, the state is liable to that person for reasonable expenses in prosecuting his own defense, including court costs and attorneys fees. These expenses must be paid, upon approval by the state board of examiners, from the reserve for statutory contingency fund . [; or]
2. If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to that person for reasonable expenses in carrying on his own defense, including court costs and attorneys fees.
Sec. 8. NRS 41.03475 is hereby amended to read as follows:
41.03475 No judgment may be entered against the State of Nevada or any agency of the state or against any political subdivision of the state for any act or omission of any present or former officer, employee, immune contractor, member of a board or commission , [member] or legislator which was outside the course and scope of his public duties or employment.
Sec. 9. NRS 41.0348 is hereby amended to read as follows:
41.0348 In every action or proceeding in any court of this state in which both the state or political subdivision and any present or former officer, employee, immune contractor or member of a board or commission [member] thereof or any present or former legislator are named defendants, the court or jury in rendering any final judgment, verdict, or other disposition shall return a special verdict in the form of written findings which determine whether:
1. The [officer, employee, member of a board or commission or legislator] individual defendant was acting within the scope of his public duty [;] or employment; and
2. The alleged act or omission by the [officer, employee, member of a board or commission or legislator] individual defendant was wanton or malicious.
κ1987 Statutes of Nevada, Page 543 (CHAPTER 250, SB 59)κ
Sec. 10. NRS 41.0349 is hereby amended to read as follows:
41.0349 In any civil action brought against any present or former officer [or employee, former officer or employee, member or former] , employee, immune contractor, member of a board or commission of the state or a political subdivision or [any] state legislator , [or former state legislator,] in which a judgment is entered against the defendant based on any act or omission relating to his public duty [,] or employment, the state or political subdivision shall indemnify him unless:
1. The person failed to submit a timely request for defense;
2. The person failed to cooperate in good faith in the defense of the action;
3. The act or omission of the person was not within the scope of his public duty [;] or employment; or
4. The act or omission of the person was wanton or malicious.
Sec. 11. NRS 41.035 is hereby amended to read as follows:
41.035 1. An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision , immune contractor or [any] state legislator [or former state legislator] arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of $50,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.
2. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:
(a) Any public or quasi-municipal corporation organized under the laws of this state.
(b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.
(c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.
The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.
3. The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort arising out of any act or omission within the scope of the public duties or employment of any present or former officer or employee [, or former officer or employee,] of the state or of any political subdivision, [or against any] immune contractor or state legislator . [or former state legislator.]
κ1987 Statutes of Nevada, Page 544 (CHAPTER 250, SB 59)κ
Sec. 12. NRS 41.037 is hereby amended to read as follows:
41.037 Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, any of its agencies or any of its present or former officers, employees , immune contractors or legislators arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the claim from the trust fund for insurance premiums or from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of $50,000, plus interest computed from the date of entry of any judgment, and pay it from any money appropriated or lawfully available for that purpose.
Sec. 13. NRS 41.038 is hereby amended to read as follows:
41.038 1. The state and any local government may:
(a) Insure itself against any liability arising under NRS 41.031.
(b) Insure any of its officers [or employees] , employees or immune contractors against tort liability resulting from an act or omission in the scope of his employment.
(c) Insure against the expense of defending a claim against itself or any of its officers [or employees] , employees or immune contractors whether or not liability exists on such a claim.
2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of his employment while attending such a function.
3. As used in this section:
(a) Insure means to purchase a policy of insurance or establish a self-insurance reserve or fund, or any combination thereof.
(b) Local government means every political subdivision and every other governmental entity in this state.
Sec. 14. NRS 41.039 is hereby amended to read as follows:
41.039 An action which is based on the conduct of any immune contractor, 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 the immune contractor, employee or officer unless, 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 chapter 40, Statutes of Nevada 1987, against the political subdivision for which the immune contractor, employee or officer was authorized to act.
Sec. 15. Sections 1 and 14 of this act become effective at 12:01 a.m. on July 1, 1987.
________
κ1987 Statutes of Nevada, Page 545κ
Senate Bill No. 282Senator ODonnell
CHAPTER 251
AN ACT relating to handicapped persons; requiring operators of certain service stations and retail stores to refuel motor vehicles of persons who are physically handicapped at the same price which is charged to a driver who personally refuels his vehicle; providing a penalty; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every person who operates a service station or retail store which sells fuel for motor vehicles to the public shall, upon request, refuel a vehicle for a driver who is physically handicapped.
2. The price of the fuel charged to such a driver must not be greater than the price which would be charged to any other person for the fuel if that person had personally refueled his vehicle.
3. This section does not apply to a service station or a retail store which sells fuel if the service station or retail store does not provide a person to refuel the motor vehicles of its customers.
4. A person who violates any provision of this section is guilty of a misdemeanor.
________
Senate Bill No. 223Senator Raggio
CHAPTER 252
AN ACT relating to crimes against property; prohibiting the unauthorized possession of a device used to enter a room in a hotel; providing a penalty; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Any person who has unauthorized possession of a key or other device used by a guest in a hotel or by the hotel to gain entrance to a room in a hotel, under circumstances which demonstrate the persons intent to use or to allow the use of the device in the commission of a crime is guilty of a gross misdemeanor.
2. As used in this section, hotel means every building used as or held out to the public to be a place where accommodations for sleeping or rooming are furnished to the public, either with or without meals.
κ1987 Statutes of Nevada, Page 546 (CHAPTER 252, SB 223)κ
out to the public to be a place where accommodations for sleeping or rooming are furnished to the public, either with or without meals.
________
Senate Bill No. 400Committee on Human Resources and Facilities
CHAPTER 253
AN ACT relating to controlled substances; requiring the use of a civil penalty for trafficking in controlled substances to pay the costs of disposal of hazardous waste in connection with the violation for which the penalty was imposed; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.5532 is hereby amended to read as follows:
453.5532 1. Any money collected as a civil penalty pursuant to NRS 453.5531 [, after deducting the actual cost of prosecution and court costs,] must be used to pay the actual cost of prosecution, court costs and costs incurred for the disposal of any hazardous waste pursuant to NRS 459.400 to 459.600, inclusive, in connection with the violation for which the penalty was imposed. Any amount remaining from the penalty must be deposited with the state treasurer for credit to the state general fund.
2. The money deposited in the state general fund pursuant to subsection 1 must be accounted for separately. One-half of the money must be used only for the enforcement of chapter 453 of NRS and the other half must be used for rehabilitation of persons who are addicted to controlled substances.
________
Senate Bill No. 24Senators Mello, Raggio, Gibson, Wagner, Neal, Townsend and Beyer
CHAPTER 254
AN ACT relating to gaming; incrementally increasing the monthly fee based upon the highest category of gross revenue; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
κ1987 Statutes of Nevada, Page 547 (CHAPTER 254, SB 24)κ
Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
[Five and three-fourths] Six percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. This fee prepays the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. The payment of the fee due for the first full calendar month of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount prepays the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
6. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the fees are prepaid, as established in subsection 2.
7. Except as provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
κ1987 Statutes of Nevada, Page 548 (CHAPTER 254, SB 24)κ
Sec. 2. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. This fee prepays the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. The payment of the fee due for the first full calendar month of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount prepays the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.
4. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.
5. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment, with interest thereon, to the licensee.
Interest must be computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.
κ1987 Statutes of Nevada, Page 549 (CHAPTER 254, SB 24)κ
6. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the fees are prepaid, as established in subsection 2.
7. Except as provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
Sec. 3. 1. Section 1 of this act becomes effective July 1, 1987, and expires by limitation July 1, 1989.
2. Section 2 of this act becomes effective July 1, 1989.
________
Assembly Bill No. 171Committee on Ways and Means
CHAPTER 255
AN ACT relating to witnesses; making uniform and increasing the subsistence allowance and travel expenses for witnesses in state courts; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 50.225 is hereby amended to read as follows:
50.225 1. Witnesses required to attend in the courts of this state are entitled to receive the following compensation:
[1.] (a) For attending in any criminal case, or civil suit or proceeding before a court of record, master, commissioner, justice of the peace, or before the grand jury, in obedience to a subpena, $25 for each days attendance, including Sundays and holidays.
[2.] (b) Mileage must be paid witnesses attending courts of the county in which they reside at the rate of 19 cents a mile for each mile necessarily and actually traveled from and returning to the place of residence by the shortest and most practical route . [, but:
(a) A person is not obliged to testify in a civil action or proceeding unless his mileage and at least 1 days fees have been paid him; and
(b) Any person in attendance at the trial and sworn as a witness is entitled to witness fees irrespective of service of subpena.
3.] (c) If a witness is from without the county, or, being a resident of another state, voluntarily appears as a witness at the request of the attorney general or the district attorney and the board of county commissioners of the county in which the court is held, he is entitled to reimbursement for the actual and necessary expenses for going to and returning from the place where the court is held. He is also entitled to receive the same allowances for subsistence and lodging as are provided for state officers and employees generally.
κ1987 Statutes of Nevada, Page 550 (CHAPTER 255, AB 171)κ
2. Any person in attendance at a trial who is sworn as a witness is entitled to the fees and reimbursement set forth in subsection 1, irrespective of the service of a subpena.
3. Witness fees in civil cases must be taxed as disbursement costs against the defeated party upon proof by affidavit that they have been actually incurred. Costs may not be allowed for more than two witnesses to the same fact or series of facts, nor may a party plaintiff or defendant be allowed any fees or mileage for attendance as a witness in his own behalf.
4. No person is obligated to testify in a civil action or proceeding unless he has been paid an amount equal to 1 days fees and the travel expenses reimbursable pursuant to this section.
Sec. 2. NRS 50.245 is hereby amended to read as follows:
50.245 Where criminal or quasi-criminal cases originating in the municipal court of an incorporated town or city are brought before the district court, the county clerk shall give a statement of the amounts due to witnesses, in the manner and form provided in NRS [50.235,] 50.225, to the district judge, who shall, upon approval thereof, by an order subscribed by him, direct the treasurer of the town or city to pay the [same.] amounts due. Upon the production of the order, or a certified copy thereof, the treasurer of the town or city shall pay the sum specified therein out of any fund in the town or city treasury not otherwise specially appropriated or set apart. It [shall not be] is not necessary for [such] the order to be otherwise audited or approved.
Sec. 3. NRS 174.415 is hereby amended to read as follows:
174.415 1. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of such certificate to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing.
2. If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence (and of any other state through which the witness may be required to pass by ordinary course of travel), will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons.
κ1987 Statutes of Nevada, Page 551 (CHAPTER 255, AB 171)κ
grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
3. If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before him for hearings; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, may, in lieu of issuing subpena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.
4. If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the [sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and $5 for each day that he is required to travel and attend as a witness,] amount required by NRS 50.225 for his subsistence and travel expenses, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Sec. 4. NRS 174.425 is hereby amended to read as follows:
174.425 1. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such a court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness [shall] will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to [assure] ensure his attendance in this state. This certificate [shall] must be presented to a judge of a court of record in the county in which the witness is found.
2. If the witness is summoned to attend and testify in this state he [shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness.] is entitled to receive the amount required by NRS 50.225 for his subsistence and travel expenses. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
κ1987 Statutes of Nevada, Page 552 (CHAPTER 255, AB 171)κ
Sec. 5. NRS 354.170 is hereby amended to read as follows:
354.170 Except as otherwise provided in NRS 6.160 or [50.235,] 50.225, in every case in which the district court or district judge is authorized by law to order any money to be paid out of the county treasury, this order must be first presented to the county auditor, who shall number and register the order and issue his warrant on any fund in the county treasury not otherwise specially appropriated or set apart.
Sec. 6. NRS 612.500 is hereby amended to read as follows:
612.500 1. A reasonable opportunity for a fair hearing on appeals [shall] must be promptly afforded all parties.
2. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimants rights to benefits from the beginning of the period covered by the determination to the date of the hearing.
3. The appeal tribunal shall include in the record and consider as evidence all records of the executive director that are material to the issues.
4. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.
5. A record of all testimony and proceedings on appeal [shall] must be kept for 6 months [from] after the date on which a decision of an appeal tribunal is mailed , but testimony need not be transcribed unless further review is initiated. If further review is not initiated within [such] that period, the record may be destroyed.
6. Witnesses subpenaed [shall be allowed] are entitled to fees in the amounts specified in NRS 50.225 [and 50.235,] and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this chapter.
7. [No] A member of an appeal tribunal shall not participate in an appeal hearing in which he has a direct or indirect interest.
8. If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in [such] the appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the partys failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioners request.
Sec. 7. NRS 50.235 is hereby repealed.
________
κ1987 Statutes of Nevada, Page 553κ
Assembly Bill No. 527Committee on Government Affairs
CHAPTER 256
AN ACT relating to occupational diseases; increasing the interval between X-ray examinations required for firemen and police officers for diseases of the lungs; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.455 is hereby amended to read as follows:
617.455 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:
(a) Employed in this state in a full-time salaried occupation of firefighting for the benefit or safety of the public;
(b) Acting as a volunteer fireman in this state and is entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; or
(c) Employed in a full-time salaried occupation as a police officer in this state.
2. Except as provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage , once every even-numbered year until he is 40 years of age or older and thereafter on an annual basis during his employment.
3. A thorough test of the functioning of the lungs is not required for a volunteer fireman.
4. All physical examinations required pursuant to subsection 2 must be paid for by the employer.
5. A disease of the lungs is presumed to have arisen out of and in the course of the employment of any fireman or police officer described in this section if the last physical examination required by subsection 2, as evidenced by a written report of the medical examiner, failed to reveal any evidence of the disease.
6. A person who is determined to be:
(a) Partially disabled from an occupational disease pursuant to the provisions of this section; and
κ1987 Statutes of Nevada, Page 554 (CHAPTER 256, AB 527)κ
(b) Incapable of performing, with or without remuneration, work as a fireman or police officer,
may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.
________
Assembly Bill No. 588Assemblymen Brookman, Callister, Tebbs, McGaughey, Nevin, Sader, Thomas, Sedway, Nicholas, Myrna Williams, Kissam, Garner, Dini, Haller and Getto
CHAPTER 257
AN ACT relating to bail; authorizing the surrender of passports as a condition to the release of persons arrested for a felony; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.484 is hereby amended to read as follows:
178.484 1. A person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
3. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.
4. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
________
κ1987 Statutes of Nevada, Page 555κ
Assembly Bill No. 600Committee on Ways and Means
CHAPTER 258
AN ACT making a supplemental appropriation to the Southern Nevada Adult Mental Health Services; and providing other matters properly relating thereto.
[Approved June 2, 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 Adult Mental Health Services the sum of $11,639 for the costs of employing, training and orienting additional staff at the Horizon Recovery Center Facility. This appropriation is supplemental to that made by section 31 of chapter 525, Statutes of Nevada 1985, at page 1587.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 379Committee on Judiciary
CHAPTER 259
AN ACT relating to privileged communications; extending the privilege to refuse to testify or otherwise disclose certain information to marriage and family counselors for their clients; providing exceptions to that privilege; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Client means a person who consults or is interviewed by a marriage and family counselor for the purpose of diagnosis or treatment.
2. A communication is confidential if it is not intended to be disclosed to any third person other than a person:
(a) Present during the consultation or interview to further the interest of the client;
(b) Reasonably necessary for the transmission of the communication; or
(c) Participating in the diagnosis or treatment under the direction of the marriage and family counselor, including a member of the clients family.
3. Marriage and family counselor has the meaning ascribed to it in NRS 641A.060.
κ1987 Statutes of Nevada, Page 556 (CHAPTER 259, SB 379)κ
Sec. 3. A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications among himself, his marriage and family counselor or any other person who is participating in the diagnosis or treatment under the direction of the marriage and family counselor.
Sec. 4. 1. The privilege may be claimed by the client, by his guardian or conservator, or by the personal representative of a deceased client.
2. The person who was the marriage and family counselor may claim the privilege but only on behalf of the client. His authority to do so is presumed in the absence of evidence to the contrary.
Sec. 5. There is no privilege under sections 3 or 4 of this act:
1. If the client communicates to the marriage and family counselor that he intends or plans to commit what the client knows or reasonably should know is a crime.
2. If the marriage and family counselor is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his client or the minor children of his client.
3. For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the marriage and family counselor in the course of diagnosis or treatment has determined that the client is in need of hospitalization.
4. As to communications relevant to an issue of the treatment of the client in any proceeding in which the treatment is an element of a claim or defense.
________
Assembly Bill No. 547Assemblymen Getto, Dini, Kerns, Garner, May, Nevin, Adler, Tebbs, Marvel and Carpenter
CHAPTER 260
AN ACT relating to tags for hunting; authorizing the board of wildlife commissioners to issue an additional bighorn sheep tag each year; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.250 is hereby amended to read as follows:
502.250 1. Except as otherwise provided in subsection 5, the following fees must be charged for tags:
Resident deer tag for regular season.......................................................... $15
Nonresident and alien deer tag for regular season................................... 60
Resident antelope tag.................................................................................... 30
Resident elk tag.............................................................................................. 75 Resident bighorn tag $75
κ1987 Statutes of Nevada, Page 557 (CHAPTER 260, AB 547)κ
Resident bighorn tag..................................................................................... $75
Resident mountain goat tag......................................................................... 75
Resident mountain lion tag........................................................................... 15
2. Other resident big game tags for special seasons must not exceed $50. Other nonresident and alien big game tags for special seasons must not exceed $1,000.
3. Tags determined to be necessary by the commission for other species under NRS 502.130, must not exceed $100.
4. A fee not to exceed $3 may be charged for processing an application for tags for special seasons.
5. The commission may accept sealed bids for or auction [one] two bighorn sheep [tag] tags each year. The money received from the bid or auction must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 217Committee on Commerce
CHAPTER 261
AN ACT relating to contractors; requiring that contractors pay interest on certain money which they do not pay to their subcontractor when it is due; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each contractor shall disburse money paid to him pursuant to NRS 624.325, including any interest which he receives, to his subcontractors and suppliers within 15 days after he receives the money, in direct proportion to the subcontractors and suppliers basis in the total contract between the contractor and the owner.
2. Any money which is payable to a subcontractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the three largest United States banking institutions on the date the contract is executed plus 2 percent, from 15 days after the date on which the money was received by the contractor until the date of payment.
Sec. 2. NRS 624.325 is hereby amended to read as follows:
624.325 1. Except as otherwise provided in subsections 2, 3 and [6,] 5, any money remaining unpaid for the construction or remodeling of a building is payable to the contractor within 30 days after:
κ1987 Statutes of Nevada, Page 558 (CHAPTER 261, AB 217)κ
(a) Occupancy by the owner or by a person acting with the authority of the owner; or
(b) The availability of a constructed or remodeled building for its intended use. The contractor must have given a written notice of availability to the owner on or before the day on which he claims that the building became available.
2. The owner may:
(a) Withhold payment for the amount of any disputed or uncompleted items if he notifies the contractor in writing at the time of withholding as to any disputed items.
(b) Require, as a condition precedent to the payment of any money under the construction contract, that waivers of lien be furnished by the contractors subcontractors, suppliers or employees.
3. The partial occupancy or availability of a building requires payment in direct proportion to the value of the part of the building which is partially occupied or partially available. For projects which involve more than one building, each building must be considered separately in determining the amount of money which is payable to the contractor.
4. Unless otherwise provided in the construction contract, any money which is payable to a contractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the three largest United States banking institutions on the date the contract is executed plus 2 percent, from 30 days after the date on which the money became payable until the date of payment.
5. [Each contractor shall disburse money paid to him pursuant to this section, including any interest which he receives, to his subcontractors and suppliers within 15 days after he receives the money, in direct proportion to the subcontractors and suppliers basis in the total contract between the contractor and the owner.
6.] This section does not apply to:
(a) Any residential building; or
(b) Public works.
Sec. 3. NRS 99.040 is hereby amended to read as follows:
99.040 1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at the rate of 12 percent per annum upon all money from the time it becomes due, in the following cases:
[1.] (a) Upon contracts, express or implied, other than book accounts.
[2.] (b) Upon the settlement of book or store accounts from the day on which the balance is ascertained.
[3.] (c) Upon money received to the use and benefit of another and detained without his consent.
[4.] (d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made.
2. The provisions of this section do not apply to money owed [for]
(a) For the construction or remodeling of a building pursuant to NRS 624.325 [.] ; or
(b) By a contractor to his subcontractor pursuant to section 1 of this act.
κ1987 Statutes of Nevada, Page 559 (CHAPTER 261, AB 217)κ
Sec. 4. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 338.170, each contractor shall disburse money paid to him pursuant to this chapter, including any interest which he receives, to his subcontractors and suppliers within 15 days after he receives the money, in direct proportion to the subcontractors and suppliers basis in the total contract between the contractor and the owner.
2. Any money which is payable to a subcontractor pursuant to this section accrues interest at a rate equal to the lowest daily prime rate at the three largest United States banking institutions on the date the contract is executed plus 2 percent, from 15 days after the date on which the money was received by the contractor until the date of payment.
________
Assembly Bill No. 787Committee on Ways and Means
CHAPTER 262
AN ACT making a supplemental appropriation to the Youth Services Division of the Department of Human Resources for the support of the Southern Nevada Childrens Home; and providing other matters properly relating thereto.
[Approved June 2, 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 $23,974 for support of the Southern Nevada Childrens Home. 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.
________
Assembly Bill No. 664Committee on Government Affairs
CHAPTER 263
AN ACT relating to municipal obligations; making a technical correction to a provision relating thereto; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.504 is hereby amended to read as follows:
350.504 As used in [NRS 350.500 to 350.720, inclusive,] this chapter and in any instrument or document appertaining thereto, unless the context otherwise requires, the words and terms defined in NRS 350.506 to 350.566, inclusive, have the meanings ascribed to them in those sections.
κ1987 Statutes of Nevada, Page 560 (CHAPTER 263, AB 664)κ
and in any instrument or document appertaining thereto, unless the context otherwise requires, the words and terms defined in NRS 350.506 to 350.566, inclusive, have the meanings ascribed to them in those sections.
________
Senate Bill No. 326Committee on Natural Resources
CHAPTER 264
AN ACT relating to wildlife; expanding the definition of wildlife; authorizing the commission to adopt regulations to manage facilities that possess, cultivate or cause to propagate wildlife for commercial or noncommercial purposes; clarifying the provision regarding licensure of fur dealers; expanding the authority of the department of wildlife to destroy undesirable fish; establishing and revising various fees; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.097 is hereby amended to read as follows:
501.097 As used in this Title, wildlife means any wild animal, wild bird, fish, reptile [or amphibian] , amphibian, mollusk or crustacean found naturally in a wild state, whether indigenous to Nevada or not and whether raised in captivity or not.
Sec. 2. NRS 501.110 is hereby amended to read as follows:
501.110 1. For the purposes of this Title, wildlife [shall] must be classified as follows:
(a) Wild animals, which [shall] must be further classified as either game animals, fur-bearing animals, protected or unprotected animals.
(b) Wild birds, which [shall] must be further classified as either game birds, protected birds or unprotected birds. Game birds [shall] must be further classified as upland game birds or migratory game birds.
(c) Fish, which [shall] must be further classified as either game fish or protected fish or unprotected fish.
(d) Reptiles, which [shall] must be further classified as either protected reptiles or unprotected reptiles.
(e) Amphibians, which [shall] must be further classified as either game amphibians, protected amphibians or unprotected amphibians.
(f) Mollusks, which must be further classified as either protected mollusks or unprotected mollusks.
(g) Crustaceans, which must be further classified as either protected crustaceans or unprotected crustaceans.
2. Protected wildlife may be further classified as [rare] either sensitive, threatened or endangered.
3. Each species of wildlife [shall] must be placed in a classification by regulation of the commission [regulation] and, when it is in the public interest to do so, species may be moved from one classification to another.
κ1987 Statutes of Nevada, Page 561 (CHAPTER 264, SB 326)κ
Sec. 3. NRS 502.240 is hereby amended to read as follows:
502.240 The department shall issue annual licenses and limited permits:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of $5 for an annual fishing or hunting license.
2. To any citizen of the United States who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon payment of $5 for an annual trapping license.
3. Except as provided in NRS 502.245, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding his application for a license, upon the payment of:
For a fishing license....................................................................................... $15.00
For a 10-day permit to fish............................................................................ 10.00
For a 3-day permit to fish.............................................................................. $6.00
For a hunting license..................................................................................... 15.00
For a combined hunting and fishing license.............................................. 28.50
For a trapping license.................................................................................... 30.50
For a fur dealers license............................................................................... 50.00
For an annual master guides license.......................................................... 125.00
For an annual subguides license................................................................ 60.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of $8 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which annual license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $30)...................................................................... $35
For a 10-day permit to fish............................................................................ 20
For a 3-day permit to fish.............................................................................. 12
For a hunting license..................................................................................... 80 For an annual trappers license........................................... $150
κ1987 Statutes of Nevada, Page 562 (CHAPTER 264, SB 326)κ
For an annual trappers license.................................................................... $150
For a fur dealers license............................................................................... 100
For an annual master guides license.......................................................... 250
For an annual subguides license................................................................ 125
6. To any person, without regard to residence, upon the payment of:
For a noncommercial [breeding ground] wildlife culturing facility...... $5
For a commercial or private shooting preserve......................................... [35] 100
For a commercial [breeding ground............................................................. 35
For a commercial fish hatchery.................................................................... 35
For a private noncommercial fish hatchery................................................ 10]
wildlife culturing facility............................................................................. 100
For a live bait dealers permit....................................................................... [60] $35
For a competitive field trials permit............................................................. [5] 25
For a permit to train dogs or falcons........................................................ 5
For a falconry license.................................................................................... [15] 30
For an importation permit.............................................................................. 5
For an import eligibility permit..................................................................... 25
For an exportation permit.............................................................................. 5
For a permit to maintain a collection of live wild animals................... 10
For any other special permit issued by the department, a fee not to exceed $100 set by the commission.
Sec. 4. NRS 503.310 is hereby amended to read as follows:
503.310 1. The commission [is empowered to] may regulate or prohibit the use of live bait in fishing [to the end] so that no undesirable species [of fish intentionally or unintentionally may be] are introduced into the public waters of this state.
2. Any person engaged in the sale, [capture, transportation or propagation of fish for] of live bait shall first obtain a permit from the department for [such fee as may be] the fee provided in NRS 502.240. [Such] The permit may be revoked for any violation of regulations.
3. The commission may prescribe the species [of fish] which may be [taken,] held or sold by the permittee.
Sec. 5. NRS 503.380 is hereby amended to read as follows:
503.380 The department [is authorized to] may take or [to] permit the commercial taking of unprotected [fish from the waters of the state by any device] wildlife in any manner approved by the commission . [regulation.] The commission [shall] may fix a price to be paid for [fish so taken from the waters of this state.] wildlife so taken. Unprotected wildlife taken under this authorization may be sold.
Sec. 6. NRS 503.430 is hereby amended to read as follows:
503.430 [Every] Except as provided in NRS 445.281, every person who places or allows to pass, or who places where it can pass or fall, into or upon any of the waters of this state at any time, any lime, gas tar, cocculus indicus, slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, sewage, garbage or any substance deleterious to fish [shall be] is guilty of a misdemeanor.
κ1987 Statutes of Nevada, Page 563 (CHAPTER 264, SB 326)κ
mill or factory refuse, sewage, garbage or any substance deleterious to fish [shall be] is guilty of a misdemeanor.
Sec. 7. Chapter 504 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is unlawful for any person to possess, cultivate or cause the propagation of any live wildlife unless he is licensed by the department to do so.
2. The commission shall adopt regulations for the possession, cultivation and propagation of live wildlife. The regulations must set forth the species of wildlife which may be possessed, cultivated and propagated, and provide for the inspection by the department of any related facilities.
3. In accordance with the regulations of the commission, the department may issue commercial and noncommercial licenses for the possession, cultivation and propagation of live wildlife upon receipt of the applicable fee.
Sec. 8. NRS 505.010 is hereby amended to read as follows:
505.010 1. It is unlawful for any person to engage in, carry on or conduct wholly or in part the business of buying, selling, trading or dealing, within this state, in the raw skins or pelts of any wild animal without first obtaining a fur dealers license pursuant to NRS 502.240.
2. If the dealer resides in, or if his principal place of business is within this state, he is a resident fur dealer.
3. All other fur dealers are nonresident fur dealers.
4. The department may require any person to submit such records and reports as are reasonably necessary to carry out the provisions of this section.
Sec. 9. NRS 445.281 is hereby amended to read as follows:
445.281 1. The department may issue a permit to the department of wildlife to [poison trash fish.] kill fish through the use of toxicants.
2. The permit must indicate the terms and conditions under which [such poisoning] the use of toxicants may take place.
Sec. 10. NRS 503.155, 504.150, 504.170, 504.190, 504.200, 504.210, 504.213, 504.220, 504.230, 504.240, 504.250, 504.260, 504.270, 504.280 and 504.291 are hereby repealed.
Sec. 11. Any license or permit issued pursuant to NRS 504.150 to 504.291, inclusive, remains valid for the period it was issued. Thereafter, renewal must be accomplished according to section 7 of this act.
________
κ1987 Statutes of Nevada, Page 564κ
Assembly Bill No. 542Committee on Natural Resources, Agriculture and Mining
CHAPTER 265
AN ACT relating to beekeeping; expanding the definition of disease; changing certain requirements for inspections; prohibiting the feeding of honey to queen bees while they are in transit; authorizing the imposition of a civil penalty for certain violations; changing certain fees; and providing other matters properly relating thereto.
[Approved June 2, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 552 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. Apiary means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.
Sec. 3. Appliance means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.
Sec. 4. Bees means honey-producing insects of the genus Apis, and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.
Sec. 5. Colony means the bees, comb and honey contained in the hive.
Sec. 6. Colony strength means the potential of a hive of bees to pollinize horticultural or agricultural crops.
Sec. 7. Department means the state department of agriculture.
Sec. 8. Destroy means to burn a subject in its entirety.
Sec. 9. Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including American foulbrood, mites of both the Acarapis woodi and the Varroa jacobsoni species, and the presence of undesirable genetic characteristics including those associated with Apis mellifera scutellata or hybrids of this subspecies.
Sec. 10. Executive director means the executive director of the state department of agriculture.
Sec. 11. Hive means any receptacle or container made or prepared for the use of bees.
Sec. 12. Inspector means any person authorized by the department to enforce the provisions of this chapter.
Sec. 13. Location means any place where an apiary is located.
Sec. 14. Treat means to fumigate hives with gas, to burn their contents and to scorch the boxes, tops and bottom boards with fire.
Sec. 15. NRS 552.085 is hereby amended to read as follows:
552.085 As used in this chapter [:
1. Apiary means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.
κ1987 Statutes of Nevada, Page 565 (CHAPTER 265, AB 542)κ
2. Appliance means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.
3. Bees means honey-producing insects (Apis mellifera), and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.
4. Colony means the bees, comb and honey contained in the hive.
5. Colony strength means the potential of a hive of bees to pollinize horticultural or agricultural crops.
6. Department means the state department of agriculture.
7. Destroy means to burn a subject in its entirety.
8. Disease means any condition adversely affecting bees, or their brood, which may become epidemic, including American foul brood and acarine disease (Acarapis woodi).
9. Hive means any receptacle or container made or prepared for the use of bees.
10. Inspector means any person authorized by the department to enforce the provisions of this chapter.
11. Location means any place where an apiary is located.
12. Treat means to fumigate hives with gas, to burn their contents and to scorch the boxes, tops and bottom boards with fire.] , unless the context otherwise requires, the words and terms defined in sections 2 to 14, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 16. NRS 552.090 is hereby amended to read as follows:
552.090 1. The department [shall have general] has control of all matters pertaining to the apiary industry.
2. The executive director may adopt such regulations as are necessary to carry out the provisions of this chapter.
3. The executive director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.
4. Any civil penalty collected pursuant to this section must be deposited in the state general fund.
Sec. 17. NRS 552.155 is hereby amended to read as follows:
552.155 1. Every person who is the owner or in possession of an apiary located within this state shall, on or before May 1 of each year, and within 10 days after obtaining possession of an apiary, apply to the department for registration, stating the number of colonies therein and the location thereof.
2. The application must be accompanied by a registration fee [as follows:
(a) If the beekeeper owns or possesses 15 or fewer colonies, $5.00.
(b) If the beekeeper owns or possesses 16 or more colonies, $7.50.] of $5.
3. If the beekeeper owns or possesses [16] 11 or more colonies, the application must also be accompanied by the annual fee for each colony in excess of [15.] 10.
κ1987 Statutes of Nevada, Page 566 (CHAPTER 265, AB 542)κ
4. The fees imposed by this section must be paid within 30 days after May 1 or within 30 days after obtaining possession of the colonies. The penalty for late payment is 50 percent of the amount due.
5. Upon receipt of the application and the required fees, the department shall issue a registration number to the beekeeper. The number must be displayed in a conspicuous place in the apiary.
6. It is unlawful for any person to maintain or locate an apiary within this state without registering it as provided in this section.
7. Unregistered apiaries or colonies of bees shall be deemed abandoned and are subject to abatement.
Sec. 18. NRS 552.157 is hereby amended to read as follows:
552.157 Every person who owns or possesses [sixteen] 11 or more colonies of bees shall pay to the department an annual fee for each colony in excess of [15.] 10. The state board of agriculture shall set the amount of the fee, which may not exceed [one dollar] $1 per colony, after consultation with representatives of the states beekeepers.
Sec. 19. NRS 552.160 is hereby amended to read as follows:
552.160 1. The department may order the inspection of any or all apiaries and all buildings used in connection with such apiaries in any district or districts of the state annually, or oftener if deemed necessary, or upon report to it that there is reason to believe that any apiary or apiaries may be infected with any disease, or that any honey, honeycombs or beeswax are exposed to robber bees.
2. If such inspection discloses any disease, the department may:
(a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances at the expense of the owner; [or]
(b) Order the owner or any person in possession of the apiary to treat the hives and appliances at the expense of the owner, if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction [.] ; or
(c) Proclaim a quarantine in accordance with chapter 554 of NRS.
3. If inspection discloses the existence of American [foul brood,] foulbrood, the order for destruction or treatment shall require compliance within not less than 24 hours nor more than 72 hours. Any other order shall specify a reasonable time with reference to the nature of the disease.
4. If such inspection discloses honey, honeycombs or beeswax exposed to robber bees, the department may order the abatement of such nuisance in a manner appropriate to the circumstances.
5. The order [shall] must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if such person cannot be located, by posting the order in a conspicuous place at the apiary.
Sec. 20. NRS 552.200 is hereby amended to read as follows:
552.200 1. It [shall be] is unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit [the same] them at any point in the State of Nevada without first obtaining a temporary or seasonal written permit from the department [so] to do [.]
κ1987 Statutes of Nevada, Page 567 (CHAPTER 265, AB 542)κ
apiary supplies, and set up, establish or deposit [the same] them at any point in the State of Nevada without first obtaining a temporary or seasonal written permit from the department [so] to do [.] so.
2. The department shall issue a temporary or seasonal permit only after the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.
3. It [shall be] is unlawful for any person having a seasonal permit to transport or move bees anywhere within the State of Nevada unless he files with the department, within 5 days after the date of moving, a statement of the number of colonies of bees which have been moved and the number of colonies of bees which have been left at the point of origin, stating the definite point both of origin and destination to which such bees have been moved.
4. If any emergency requires the immediate removal of bees, the owner shall notify the department of [such] the emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of [such] moving as provided in subsection 3.
5. Whenever the department finds that American [foul brood] foulbrood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in one or more colonies in any apiary of less than 100 colonies, it shall quarantine [such] the apiary, giving notice thereof to the owner or bailee and posting a copy of [such] the notice in a conspicuous place in [such] the apiary.
6. When any such notice has been given as provided in subsection 5, it [shall be] is unlawful, except as provided in NRS 552.280, to move [such] the apiary, or any part thereof, or any other bee equipment from the location until [such] the disease has been eradicated.
7. When in the opinion of the department the disease has been eradicated, it shall issue a permit releasing [such] the apiary.
Sec. 21. NRS 552.210 is hereby amended to read as follows:
552.210 1. A person shall not ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a permit for entry issued by the department.
2. The department may issue a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:
(a) Submits an application, on a form supplied by the department, stating:
(1) The name, address and telephone number of the owner or shipper and the state and county of origin.
(2) The address and telephone number of the owner or shipper in this state, if applicable.
(3) The number of colonies containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.
(4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.
κ1987 Statutes of Nevada, Page 568 (CHAPTER 265, AB 542)κ
(b) [Submits] Except as otherwise provided in subsection 3 and in NRS 552.214, submits with the application, a certificate of inspection from an authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days before shipment and at a time when the bees are actively rearing their brood.
(2) That 1 percent or less American [foul brood] foulbrood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.
(3) The date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.
(4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.
(5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.
(6) The shippers full name, the name under which he is doing business, if applicable, and his address.
(7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.
(c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.
3. An applicant for a permit for entry may submit a certificate of inspection issued after August 15 by the department. Such a certificate authorizes reentry into the state through May 15 of the following year.
4. Each shipment must be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
[4.] 5. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
[5.] 6. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce must be covered by the person in possession in a manner which will prevent access of bees.
[6.] 7. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to the owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may destroy the bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of the sale must be deposited with the state treasurer for credit to the apiary inspection fund.
κ1987 Statutes of Nevada, Page 569 (CHAPTER 265, AB 542)κ
comply with all provisions of this chapter, and the proceeds of the sale must be deposited with the state treasurer for credit to the apiary inspection fund.
Sec. 22. NRS 552.214 is hereby amended to read as follows:
552.214 1. [In the event] If the department finds that after diligent search sufficient bees for pollination purposes are not reasonably available with a 2-year disease-free history as provided in subsection 2 of NRS 552.210 and regulations promulgated thereunder, the department may accept a certificate of inspection from the point of origin stating that the applicant has received an inspection from the authorized state authority in the state of origin finding that the bees covered by the certificate meet the colony strength required by Nevada regulation and have been 100 percent inspected within the past 60 days and have been found free of American [foul brood] foulbrood disease.
2. Such bees [shall be] are subject to inspection upon arrival in this state and if found not to be disease free will be ordered removed to the point of origin within 24 hours.
Sec. 23. NRS 552.220 is hereby amended to read as follows:
552.220 It [shall be] is unlawful for any person [or persons] to ship or transport queen bees in mailing cages or other containers containing any food for use during transit other than candy or syrup made from sugar . [, or honey which has been boiled not less than 30 minutes.]
Sec. 24. NRS 552.270 is hereby amended to read as follows:
552.270 Any person engaged in the rearing and distribution of queen bees shall have his queen-rearing apiary or apiaries inspected at least [twice during each summer season,] each 60 days during shipping season and on discovery of any disease which is infectious or contagious in its nature and injurious to bees in their egg, larval, pupal or adult stages, such a person shall at once cease to distribute queen bees from [such] the diseased apiary until the department [shall declare] declares the apiary or apiaries free from all disease by the issuance of a certificate of inspection.
________
κ1987 Statutes of Nevada, Page 570κ
Senate Bill No. 329Senators Mello, Wagner, Gibson, Rawson, Neal, Beyer, Hickey, Shaffer, Horn, Vergiels, Jacobsen, ODonnell, Redelsperger, Townsend and Jones
CHAPTER 266
AN ACT relating to public officers; restricting the employment of former members of the public service commission of Nevada, the Nevada gaming commission and the state gaming control board; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A public utility or parent organization or subsidiary of a public utility shall not employ a former member of the public service commission of Nevada for 1 year after the termination of his service on the commission.
2. A person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada gaming commission pursuant to chapter 463 of NRS shall not employ a former member of the state gaming control board or the Nevada gaming commission for 1 year after the termination of the members service on the board or commission.
Sec. 2. The provisions of section 1 of this act do not apply to the employment of a person who is a member of the public service commission of Nevada, the state gaming control board or the Nevada gaming commission on July 1, 1987, or was a member before July 1, 1987, unless on or after that date, that person is appointed to serve as a member of another commission or board for which subsequent employment is restricted pursuant to section 1 of this act.
________
Assembly Bill No. 318Committee on Labor and Management
CHAPTER 267
AN ACT relating to workmens compensation; assessing all self-insured employers for the payment of retroactive benefits to certain claimants for death or disablement which resulted from an industrial injury or an occupational disease; requiring the department of industrial relations to cooperate in the assessments; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 474, Statutes of Nevada 1985, at page 1460, is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 571 (CHAPTER 267, AB 318)κ
Sec. 6. 1. The increases provided in sections 2 and 3 of this act must be funded by:
(a) An increase in rates of premiums for employers who are insured by the state industrial insurance system for the fiscal year beginning July 1, 1985, and ending June 30, 1986, which is equal to the cost imposed by sections 2 and 3 of this act for that period, less the proportionate share of that cost assessed against self-insured employers; and
(b) An assessment against [self-insured] employers who were [insured by the system] self-insured during any part of the fiscal year beginning July 1, [1983,] 1985, and ending June 30, [1984,] 1986, of a percentage of the cost imposed by sections 2 and 3 of this act which is equal to the percentage of the total [premiums paid to the system] cost and expense of administering the program of workmens compensation by the department of industrial relations in the fiscal year beginning July 1, [1983,] 1985, and ending June 30, [1984,] 1986, that were paid by [self-insured employers.] each such employer.
2. The assessments provided in paragraph (b) of subsection 1 must be paid to the state industrial insurance system by September 30, 1987.
3. The increases provided in sections 2 and 3 of this act must not be paid for any period before July 1, 1985.
Sec. 2. The department of industrial relations shall provide the state industrial insurance system with all information necessary to determine the assessments required by paragraph (b) of subsection 1 of section 6 of chapter 474, Statutes of Nevada 1985, as amended by this act. All information so provided remains confidential and must not be used by the department for any purpose other than making the assessments.
________
Assembly Bill No. 665Committee on Government Affairs
CHAPTER 268
AN ACT relating to collective bargaining by local governments; resolving conflicts in the time for mediation of disputes and factfinding; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.190 is hereby amended to read as follows:
288.190 Except in cases to which NRS 288.205 and 288.215 apply:
1. Anytime before July 1, the dispute may be submitted to a mediator, if both parties agree. [After July] On or after July 1 but before July 5, either party involved in negotiations may request a mediator. If the parties [cannot] do not agree upon a mediator, the labor commissioner shall submit to the parties a list of seven potential mediators.
κ1987 Statutes of Nevada, Page 572 (CHAPTER 268, AB 665)κ
do not agree upon a mediator, the labor commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator [, on or before July 5,] from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.
2. If mediation is agreed to or requested pursuant to subsection 1, the mediator must be selected on or before July 5.
3. The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute no later than July 10. He may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.
[3.] 4. The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.
[4.] 5. If the dispute is submitted to a mediator and then submitted to a factfinder, the mediator must, before July 15, give to the commissioner of the board a report of the efforts made to settle the dispute.
Sec. 2. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215 apply:
1. If:
(a) The parties have participated in mediation and by August 1, have not reached agreement; or
(b) The bargaining unit represented by the employee organization contains fewer than 30 persons,
either party to the dispute, at any time up to September 20, may submit the dispute to an impartial factfinder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.
4. A schedule of dates and times for the hearing must be established before October 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.
κ1987 Statutes of Nevada, Page 573 (CHAPTER 268, AB 665)κ
5. The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than [August 10] October 20 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.
7. Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and he shall consider whether the board found that either party had bargained in bad faith.
The factfinders report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.
8. Any sum of money which is maintained in a fund whose balance is required by law to be:
(a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,
must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.
κ1987 Statutes of Nevada, Page 574 (CHAPTER 268, AB 665)κ
9. The issues which may be included in a panels order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 336Committee on Judiciary
CHAPTER 269
AN ACT relating to corporations; expanding certain powers of corporations; making certain changes regarding the permissible number and the method of electing directors; requiring that a certificate of approval be attached to an agreement for merger or consolidation; requiring foreign corporations to file certain notices; authorizing the issuance of uncertificated shares; and providing other matters properly relating thereto.
[Approved June 3, 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 a new section to read as follows:
A corporation may provide in its certificate or articles of incorporation, or in an amendment thereto, that the holder of a bond, debenture or other obligation of the corporation may have any of the rights of a stockholder in the corporation.
Sec. 2. 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 name 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 a natural person.
κ1987 Statutes of Nevada, Page 575 (CHAPTER 269, AB 336)κ
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.
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,] other variations, 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] in 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.] in NRS 78.115.
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.
κ1987 Statutes of Nevada, Page 576 (CHAPTER 269, AB 336)κ
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.
Sec. 3. NRS 78.070 is hereby amended to read as follows:
78.070 Subject to such limitations, if any, as may be contained in its certificate or articles of incorporation, or in any amendment thereof, every corporation [shall have] has the following powers:
1. To borrow money and contract debts when necessary for the transaction of its business, or for the exercise of its corporate rights, privileges or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledge or [otherwise,] other security, or unsecured, for money borrowed, or in payment for property purchased, or acquired, or for any other lawful object.
2. To guarantee, purchase, hold, take, obtain, receive, subscribe for, own, use, dispose of, sell, exchange, lease, lend, assign, [transfer,] mortgage, pledge , or otherwise [dispose of the shares of the capital stock of, or any bonds, securities or evidences of the indebtedness created by, any other corporation or corporations of this state, or any other state or government, and, while owners of such stock, bonds, securities or evidences of indebtedness, to] acquire, transfer or deal in or with bonds or obligations of, or shares, securities or interests in or issued by, any person, government, governmental agency or political subdivision of government, and to exercise all the rights, powers and privileges of ownership [,] of such an interest, including the right to vote, if any.
3. To purchase, hold, sell and transfer shares of its own capital stock, and use therefor its capital, capital surplus, surplus, or other property or funds [; provided:
(a) That no] , except that:
(a) A corporation shall not use its [funds] money or property for the purchase of its own shares of capital stock when such a use would cause any impairment of the capital of the corporation, except as provided in NRS 78.410 to 78.445, inclusive; and
(b) [That shares] Shares of its own capital stock belonging to the corporation [shall] must not be voted upon, directly or indirectly, nor counted as outstanding, [for the purpose of computing] to compute any stockholders quorum or vote.
4. To conduct business, have one or more offices, and hold, purchase, mortgage and convey real and personal property in this state, and in any of the several states, territories, possessions and dependencies of the United States, the District of Columbia, and any foreign countries.
5. To do [all and] everything necessary and proper for the accomplishment of the objects enumerated in its certificate or articles of incorporation, or in any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not [such] the business is similar in nature to the objects set forth in the certificate or articles of incorporation of [such] the corporation, or in any amendment thereof [; provided:
κ1987 Statutes of Nevada, Page 577 (CHAPTER 269, AB 336)κ
incorporation, or in any amendment thereof, or necessary or incidental to the protection and benefit of the corporation, and, in general, to carry on any lawful business necessary or incidental to the attainment of the objects of the corporation, whether or not [such] the business is similar in nature to the objects set forth in the certificate or articles of incorporation of [such] the corporation, or in any amendment thereof [; provided:
(a) That no] , except that:
(a) A corporation created under the provisions of this chapter shall [,] not, by any implication or construction, be deemed to possess the power of issuing bills, notes or other evidences of debt for circulation of money; and
(b) [That nothing in this chapter shall be so construed as to] This chapter does not authorize the formation of banking corporations [for the purpose of issuing or circulating] to issue or circulate money or currency within this state, or [without] outside of this state, or at all, except the federal currency, or the notes of banks authorized under the laws of the United States.
6. To make donations for the public welfare or for charitable, scientific or educational purposes.
7. To enter into partnerships, general or limited, or joint ventures, in connection with any lawful activities.
Sec. 4. NRS 78.115 is hereby amended to read as follows:
78.115 The business of every corporation must be managed by a board of [not less than three] directors or trustees, all of whom must be at least 18 years of age. [In cases where all the shares of the corporation are owned beneficially and of record by one or two stockholders, the number of directors may be less than three but not less than the number of stockholders.] A corporation must have at least one director, and may provide in its certificate or articles of incorporation, or in an amendment thereto, or in its bylaws, for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased. Unless otherwise provided in the certificate or articles of incorporation, or in an amendment thereof, directors need not be stockholders.
Sec. 5. NRS 78.195 is hereby amended to read as follows:
78.195 1. Every corporation may issue one or more classes or kinds of stock, any of which may be of stock with or without par value, with full or limited voting powers or without voting powers and with such designations, preferences and relative, participating, optional or other special rights, or qualifications, limitations or restrictions thereof, as are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution providing for the issue of [such] the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the certificate or articles of incorporation, or of any amendment thereto. Any class or kind of stock may be special stock, whether the corporation has the power to issue one or more classes or kinds of stock.
κ1987 Statutes of Nevada, Page 578 (CHAPTER 269, AB 336)κ
of stock. The power to increase or decrease or otherwise adjust the capital stock as provided in this chapter applies to all [or any of such] classes of stock.
2. Any preferred or special stock may be made subject to redemption at such times and [at such] prices, and may be issued in such series, with such designations, preferences, and relative, participating, optional or other special rights, qualifications, limitations or restrictions thereof as are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution providing for the issue of such stock adopted by the board of directors.
3. The holder of preferred or special stock of any class or series thereof is entitled to receive dividends at such rates, on such conditions and at such times as are expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution providing for the issue of such stock adopted by the board of directors, payable in preference to, or in relation to, the dividends payable on any other class or classes of stock, and cumulative or noncumulative as expressed. When a dividend upon the preferred and special stocks, if any, to the extent of the preference to which such stocks are entitled, has been paid or declared and set apart for payment, a dividend on any remaining class of stock may then be paid out of the remaining assets of the corporation available for dividends.
4. The holders of the preferred or special stocks of any class or series thereof are entitled to such rights upon the dissolution of, or upon any distribution of the assets of, the corporation as are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution providing for the issue of such stock adopted by the board of directors.
5. Any preferred or special stocks of any class or series thereof may be made convertible into, or exchangeable for, shares of any other class or classes or of any other series of the same or any other class or classes of stock of the corporation at such prices or at such rates of exchange and with such adjustments as are stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stocks adopted by the board of directors.
6. If the corporation is authorized to issue more than one class of stock or more than one series of any class, the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights must be set forth in full or summarized on the face or back of [the] each certificate which the corporation issues to represent such stock, or on the informational statement sent pursuant to NRS 78.235, except that, in lieu thereof, the certificate or informational statement may contain a statement setting forth the office or agency of the corporation from which a stockholder may obtain a copy of a statement setting forth in full or summarizing [such] the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights.
κ1987 Statutes of Nevada, Page 579 (CHAPTER 269, AB 336)κ
summarizing [such] the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights. The corporation shall furnish to its stockholders, upon request and without charge, a copy of any such statement or summary.
7. If the corporation is authorized to issue only special stock, [the] each certificate or informational statement sent pursuant to NRS 78.235 must set forth in full or summarize the rights of the holders of the stock and, when stock of any class or series thereof is issued, the designations, preferences and rights [of] which have not been set forth in the certificate or articles of incorporation or an amendment thereto, the designations, preferences and relative, participating, optional or other special rights of such stock and the qualifications, limitations or restrictions of such rights must be set forth in a certificate made under the seal of the corporation and signed by its president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by the president or vice president before a person authorized by the laws of Nevada to take acknowledgments of deeds, and the certificate must be filed and a copy [thereof] recorded in the same manner as certificates or articles of incorporation are required to be filed and recorded.
Sec. 6. NRS 78.210 is hereby amended to read as follows:
78.210 [Any] A corporation existing under any law of this state may issue stock for cash, labor, services [,] or personal property, or real estate or leases thereof. Any shares issued for such a consideration shall be deemed fully paid if:
1. The entire amount; or
2. Not less than the amount characterized as capital pursuant to NRS 78.270 accompanied by the legally enforceable obligation of the subscriber to pay the balance of the subscription,
has been received by the corporation. The judgment of the directors as to the value of the labor, services, property, real estate or leases thereof, is conclusive as to all except the then existing stockholders and creditors, and as to the then existing stockholders and creditors it is conclusive in the absence of actual fraud in the transaction.
Sec. 7. NRS 78.235 is hereby amended to read as follows:
78.235 1. [Every stockholder shall be] Except as otherwise provided in subsection 4, every stockholder is entitled to have a certificate, signed by officers or agents designated by the corporation for the purpose, certifying the number of shares owned by him in [such] the corporation.
2. Whenever any certificate is countersigned or otherwise authenticated by a transfer agent or transfer clerk, and by a registrar, then a facsimile of the signatures of the officers or agents of the corporation may be printed or lithographed upon [such] the certificate in lieu of the actual signatures. A corporation cannot act as registrar of its own stock, but its transfer agent and registrar may be identical if the institution acting in such dual capacities countersigns any stock certificates in both capacities.
κ1987 Statutes of Nevada, Page 580 (CHAPTER 269, AB 336)κ
3. [In case] If any officer or officers who [shall] have signed, or whose facsimile signature or signatures [shall] have been used on, any [such] certificate or certificates [shall] for stock cease to be [such] an officer or officers of [such] the corporation, whether because of death, resignation or [otherwise, before such] other reason, before the certificate or certificates [shall] have been delivered by [such corporation, such] the corporation, certificate or certificates may nevertheless be adopted by [such] the corporation and be issued and delivered as though the person or persons who signed [such] the certificate or certificates, or whose facsimile signature or signatures [shall] have been used thereon, had not ceased to be [such] an officer or officers of [such] the corporation.
4. A corporation may provide in its certificate or articles of incorporation, or in an amendment thereto, or in its bylaws, for the issuance of uncertificated shares of some or all of the shares of any or all of its classes or series. The issuance of uncertificated shares has no effect on existing certificates for shares until surrendered to the corporation, or on the respective rights and obligations of the stockholders. Unless otherwise provided by a specific statute, the rights and obligations of stockholders are identical whether or not their shares of stock are represented by certificates.
5. Within a reasonable time after the issuance or transfer of shares without certificates, the corporation shall send the shareholder a written statement containing the information required on the certificates pursuant to subsection 1. At least annually thereafter, the corporation shall provide to its shareholders of record, a written statement confirming the information contained in the informational statement previously sent pursuant to this subsection.
Sec. 8. NRS 78.250 is hereby amended to read as follows:
78.250 1. When the certificate or articles of incorporation are amended in any way affecting the statements contained in [the] certificates for outstanding shares [,] or informational statements sent pursuant to NRS 78.235, or it becomes desirable for any reason, in the discretion of the board of directors, to cancel any outstanding certificate for shares and issue a new certificate therefor conforming to the rights of the holder, the board of directors may send additional informational statements as provided in NRS 78.235 and order any holders of outstanding certificates for shares to surrender and exchange them for new certificates within a reasonable time to be fixed by the board of directors.
2. Such an order may provide that [no] the holder of any [such] certificate so ordered to be surrendered [shall be] is not entitled to vote or to receive dividends or exercise any of the other rights of stockholders of record until he [shall have] has complied with [such] the order, but [such order shall only operate] the order operates to suspend such rights only after notice and until compliance.
3. The duty [of surrender of] to surrender any outstanding certificates may also be enforced by action at law.
κ1987 Statutes of Nevada, Page 581 (CHAPTER 269, AB 336)κ
Sec. 9. NRS 78.265 is hereby amended to read as follows:
78.265 1. Except to the extent limited or denied by this section or the articles of incorporation, shareholders have a preemptive right to acquire unissued shares, treasury shares or securities convertible into such shares.
2. Unless otherwise provided in the articles of incorporation:
(a) A preemptive right does not exist:
(1) To acquire any shares issued to directors, officers or employees pursuant to approval by the affirmative vote of the holders of a majority of the shares entitled to vote or when authorized by a plan approved by such a vote of shareholders;
(2) To acquire any shares sold for a consideration other than cash;
(3) To acquire any shares issued at the same time that the shareholder who claims a preemptive right acquired his shares;
(4) To acquire any shares issued as part of the same offering in which the shareholder who claims a preemptive right acquired his shares; or
(5) To acquire any shares [then] , treasury shares or securities convertible into such shares, if the shares or the shares into which the convertible securities may be converted are upon issuance registered pursuant to section 12 of the Securities Exchange Act of 1934 (15 U.S.C. § 78 1).
(b) Holders of shares of any class that is preferred or limited as to dividends or assets are not entitled to any preemptive right.
(c) Holders of common stock are not entitled to any preemptive right to shares of any class that is preferred or limited as to dividends or assets or to any obligations, unless convertible into shares of common stock or carrying a right to subscribe to or acquire shares of common stock.
(d) Holders of common stock without voting power have no preemptive right to shares of common stock with voting power.
(e) The preemptive right is only an opportunity to acquire shares or other securities upon such terms as the board of directors fixes for the purpose of providing a fair and reasonable opportunity for the exercise of such right.
Sec. 10. NRS 78.320 is hereby amended to read as follows:
78.320 1. Any action [, except election of directors,] which may be taken by the vote of stockholders at a meeting [,] may be taken without a meeting if authorized by the written consent of stockholders holding at least a majority of the voting power [; provided:
(a) That if] , except that:
(a) If any greater proportion of voting power is required for such an action at a meeting, then [such] the greater proportion of written consents [shall be] is required; and
(b) [That this] This general provision for action by written consent [shall] does not supersede any specific provision for action by written consent contained [elsewhere] in this chapter.
2. In no instance where action is authorized by written consent need a meeting of stockholders be called or noticed.
κ1987 Statutes of Nevada, Page 582 (CHAPTER 269, AB 336)κ
Sec. 11. NRS 78.330 is hereby amended to read as follows:
78.330 1. [The] Unless elected pursuant to NRS 78.320, the directors of every corporation [shall] must be chosen at the annual meeting of the stockholders, to be held on a date and at a time, or in the manner, provided for by the bylaws, by a plurality of the votes cast at the election. [But if] If for any reason the directors are not elected pursuant to NRS 78.320 or at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.
2. At least one-fourth in number of the directors of every corporation [shall] must be elected annually.
[3. Unless otherwise provided in the certificate or articles of incorporation, or an amendment thereto, the number of directors of any corporation organized under the provisions of this chapter may from time to time be increased or decreased in such manner as shall be provided in the certificate or articles of incorporation, or an amendment thereto, or by the bylaws of the corporation; but the number must not be reduced to less than three, except that, in cases where all the shares of the corporation are owned beneficially and of record by either one or two stockholders, the number of directors may be less than three but not less than the number of stockholders.]
Sec. 12. NRS 78.365 is hereby amended to read as follows:
78.365 A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not exceeding 15 years upon the terms and conditions therein stated. [The] Any certificates of stock so transferred [shall] must be surrendered and canceled and new certificates therefor issued to [such] the trustee or trustees in which it [shall] must appear that they are issued pursuant to [such] the agreement, and in the entry of [such] ownership in the proper books of [such] the corporation that fact [shall] must also be noted, and thereupon [such] the trustee or trustees may vote upon the stock so transferred during the terms of [such] the agreement. A duplicate of every such agreement [shall] must be filed in the principal office of the corporation and at all times during [such] its terms be open to inspection by any stockholder or his attorney.
Sec. 13. NRS 78.470 is hereby amended to read as follows:
78.470 1. 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. 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.
κ1987 Statutes of Nevada, Page 583 (CHAPTER 269, AB 336)κ
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. The secretary or assistant secretary of each constituent corporation must certify the approval of the agreement and attach the certification to the agreement.
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:
(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.
κ1987 Statutes of Nevada, Page 584 (CHAPTER 269, AB 336)κ
this state to take acknowledgments of deeds, to be the respective act, deed and agreement of each constituent corporation.
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.
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.
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.
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. 14. NRS 78.486 is hereby amended to read as follows:
78.486 1. If at least 90 percent of the outstanding shares of each class of the stock of a corporation or corporations is owned by another corporation, and one of such corporations is a corporation of this state and the other or others are corporations of this state or are organized under the laws of a jurisdiction whose laws permit such a merger, whether or not [such] the jurisdiction is one of the United States , [of America,] the corporation having such stock ownership may either merge [such] the other corporation or corporations into itself and assume all of its or their obligations, or merge itself, or itself and one or more of [such] the other corporations, into one of [such] the other corporations by filing with the secretary of state a certificate of such ownership and merger, setting forth a copy of the resolution of its board of directors [so] to merge and the date of the adoption thereof. The certificate must be signed by its president or a vice president and its secretary or treasurer, and acknowledged by its president or a vice president before a person, authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, to be the act and deed of the parent corporation.
2. If any of the corporations is organized under the laws of a jurisdiction other than one of the Unites States [of America] or the District of Columbia, it is a further condition of merger under this section that the surviving corporation be a corporation of this state.
3. If the parent corporation does not own all the outstanding stock of all the subsidiary corporations which are parties to a merger pursuant to this section, the resolution of the board of directors of the parent corporation must state the terms and conditions of the merger, including the securities, cash or other property to be issued, paid or delivered by the surviving corporation upon surrender of each share of the subsidiary corporation or corporations not owned by the parent corporation.
κ1987 Statutes of Nevada, Page 585 (CHAPTER 269, AB 336)κ
4. If the parent corporation is not the surviving corporation, the resolution must include provision for the pro rata issuance of stock of the surviving corporation to the holders of the stock of the parent corporation on surrender of [the] any certificates therefor, and the certificate of ownership and merger must state that the proposed merger has been approved by the holders of a majority of the stock of the parent corporation at a meeting of its stockholders called and held after 20 days notice of the purpose of the meeting mailed to each of its stockholders at his address as it appears on the records of the corporation.
Sec. 15. NRS 78.520 is hereby amended to read as follows:
78.520 Each stockholder in each of the constituent corporations at the time the merger or consolidation becomes effective, who failed to vote against the merger or consolidation or object thereto in writing or to demand in writing payment of his shares as provided in NRS 78.505 or 78.507, shall be deemed to have assented to the merger or consolidation, and, together with the stockholders voting in favor of the merger or consolidation, [shall be] is entitled to receive [certificates for] shares in the surviving or consolidated corporation or cash, property or securities in lieu of shares, in the manner and on the terms specified in the agreement of merger or consolidation.
Sec. 16. Chapter 80 of NRS is hereby amended by adding thereto a new section to read as follows:
Foreign corporations shall comply with the provisions of NRS 78.626, 78.627 and 78.628.
Sec. 17. NRS 89.040 is hereby amended to read as follows:
89.040 1. One or more persons, each of whom is authorized to perform the same professional service, may organize a professional corporation in the manner provided for organizing a private corporation under chapter 78 of NRS. The articles of incorporation must contain the following additional information:
(a) The profession to be practiced by means of the professional corporation.
(b) The names and residential addresses of the original stockholders and directors of the professional corporation.
(c) A certificate from the regulating board of the profession to be practiced showing that each of the stockholders and directors is duly licensed to practice [such] the profession.
2. [Notwithstanding the provisions of NRS 78.115, a professional corporation of fewer than four stockholders may have a board of directors of fewer than three members, but of at least one member.
3.] The corporate name of a professional corporation must contain the words Professional Corporation or the abbreviation Prof. Corp., or the word Chartered or Limited or the abbreviation Ltd. The corporate name must contain the last name of one or more of its stockholders. The corporation may render professional services and exercise its authorized powers under a fictitious name if the corporation has first registered the name in the manner required under chapter 602 of NRS.
κ1987 Statutes of Nevada, Page 586 (CHAPTER 269, AB 336)κ
powers under a fictitious name if the corporation has first registered the name in the manner required under chapter 602 of NRS.
Sec. 18. NRS 159.101 is hereby amended to read as follows:
159.101 1. A guardian of the estate may exercise the wards rights which accrue pursuant to the wards ownership of common or preferred stock, including, but not limited to, the right to:
(a) Vote for officers or directors;
(b) Approve or disapprove mergers or consolidations;
(c) Exercise stock options;
(d) Appoint proxies;
(e) Consent to dissolutions; and
(f) Exercise all rights which the ward might exercise, if legally qualified, regarding the management of the corporation.
If the stock owned by the ward in a corporation exceeds 20 percent of the total issued and outstanding stock having voting rights, the guardian must have prior approval of the court to consent to any merger, consolidation or dissolution of the corporation or the sale or encumbrance of its assets where the consent of the stockholders is required by law.
2. Whenever the estate of a ward includes corporate stock, the guardian may hold it in the name of a nominee without mention of the guardianship in the stock certificate , if any, or the stock registration books, if:
(a) The guardians records and all reports or accounts rendered by the guardian clearly show the ownership of the stock by the wards estate and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signed statement showing ownership of [such] the stock by the wards estate, endorses [the] any stock certificate in blank and does not have possession of the stock certificate or access to [such] the certificate except under the immediate supervision of the guardian.
3. The guardian [shall be] is personally liable for any loss to the wards estate resulting from any act of [such] the nominee in connection with stock held pursuant to subsection 2.
Sec. 19. NRS 520.130 is hereby amended to read as follows:
520.130 1. Upon making application as provided in NRS 520.120 for the privilege of entering and examining any of the mining properties mentioned in NRS 520.110, the applicant [shall] must present to the county clerk or justice of the peace certificates of stock shares [representing in value] , or informational statements sent pursuant to NRS 78.235, indicating ownership of one-fifth of 1 percent of the original capital stock of the company whose mine or mining property he desires to examine.
2. Thereupon, the applicant [shall] must make oath or affirmation that the [stock certificate or] stock certificates or informational statements presented by him are currently accurate and are actually his own property, or that [such] the certificates of stock or informational statements at the time of presentation are currently accurate and really belong to the person or persons whom he is, under the provisions of NRS 520.110, authorized to represent.
κ1987 Statutes of Nevada, Page 587 (CHAPTER 269, AB 336)κ
of presentation are currently accurate and really belong to the person or persons whom he is, under the provisions of NRS 520.110, authorized to represent.
Sec. 20. NRS 661.085 is hereby amended to read as follows:
661.085 1. If the capital of any bank has become impaired and the surplus and undivided profits of that bank are insufficient to make the impairment good, the administrator shall notify the bank to make the impairment good within 60 days of the notice by an assessment upon the stockholders of the bank.
2. The officers and directors of the bank receiving the notice shall immediately call a special meeting of the stockholders for the purpose of making an assessment upon its stockholders payable in cash sufficient to cover the impairment of the capital. The assessment must be made at that meeting unless the capital of the bank is reduced to the extent of the impairment as provided in NRS 661.046.
3. If any stockholder of the bank neglects or refuses to pay the required assessment, the board of directors shall, to make good the deficiency, cause a sufficient amount of the capital stock of the stockholder or stockholders to be sold at public auction, upon 30 days notice. The notice must be given by posting a notice of the sale in the office of the bank and by publishing the notice in a newspaper in the place where the bank is located, or if there is no newspaper there, then in a newspaper circulating in the county in which the bank is located. The balance, if any, over and above the deficiency, must be returned to the delinquent shareholder or shareholders.
4. If, within 3 months after receiving notice from the administrator, the bank fails to make good the deficiency in its capital stock, the administrator may forthwith take possession of the property and business of the bank until its affairs are finally liquidated as provided by law.
5. A sale of stock as provided in this section effects an absolute cancellation of [the] any outstanding certificate or certificates evidencing the stock so sold, and the certificate is void. A new certificate must be issued by the bank to the purchaser of [the stock.] any stock for which an outstanding certificate was canceled.
Sec. 21. NRS 666.035 is hereby amended to read as follows:
666.035 1. A state bank may, with the approval of the administrator, consolidate, convert into or merge with a national bank upon the vote of the holders of two-thirds of each class of voting stock of the state bank.
2. The administrator shall not approve any consolidation, conversion or merger under this section which would:
(a) Result in a monopoly or which would further any attempt to monopolize the business of banking in this state; or
(b) Substantially lessen competition or be in restraint of trade, unless the administrator finds that the anticompetitive effects of the proposed transaction are clearly outweighed by the probable success of the transaction in meeting the needs of the community to be served.
κ1987 Statutes of Nevada, Page 588 (CHAPTER 269, AB 336)κ
In every case, the administrator shall consider the financial and managerial resources and the future prospects of the company or companies and the banks concerned, and the convenience and the needs of the community to be served.
3. Except as provided in subsection 5, the rights and liabilities of a state bank which consolidates, converts into or merges with a national bank, and the rights and liabilities of its stockholders, are the same as the rights and liabilities prescribed by the law of the United States for national banks and their stockholders at the time of the consolidation, conversion or merger.
4. Upon consolidation, conversion or merger, the resulting national bank becomes the same business as each consolidating, converting or merging bank, with all the property rights, power and duties of each consolidating, converting or merging bank, except as affected by the law of the United States and by the charter and bylaws of the resulting bank. Any reference to a consolidating, converting or merging bank in any writing, whether executed or which takes effect before or after the consolidation, conversion or merger, is applicable to the resulting bank if not inconsistent with the other provisions of that writing.
5. The holders of shares of the stock of a state bank which were voted against a consolidation or merger into a national bank are entitled to receive their value in cash, if and when the consolidation or merger becomes effective, upon written demand made to the resulting national bank at any time within 30 days after the effective date of the consolidation or merger, accompanied by the surrender of [the] any stock certificate or certificates. The value of [such] the shares must be determined, as of the date of the meeting of the stockholders approving the consolidation or merger, by three appraisers, one to be selected by the owners of two-thirds of the dissenting shares involved, one by the board of directors of the resulting national bank, and the third by the two so chosen. The valuation agreed upon by any two appraisers governs. If the appraisal is not completed within 90 days after the consolidation or merger becomes effective, the Comptroller of the Currency shall cause an appraisal to be made.
6. The amount fixed as the value of the shares of stock of the consolidating or merging bank at the time of the meeting of the stockholders approving the consolidation or merger, and the amount fixed by the appraisal as provided by subsection 5, where the fixed value is not accepted, constitute a debt of the resulting national bank.
7. Upon the completion of the consolidation, conversion or merger, the license to operate as a state bank automatically terminates.
________
κ1987 Statutes of Nevada, Page 589κ
Assembly Bill No. 685Assemblymen Jeffrey, Banner, Thompson, Sedway, Kerns, Porter, Wisdom and Fay
CHAPTER 270
AN ACT relating to occupational diseases; designating diseases related to asbestos as occupational diseases; providing for the determination and payment of benefits for those diseases; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.626 is hereby amended to read as follows:
616.626 1. Any claimant or dependent of a claimant who resides in this state and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any limitation on wages imposed by this chapter on the amount of that compensation.
2. The increase must be paid from the trust fund for pensions for silicosis , diseases related to asbestos and other disabilities.
Sec. 2. NRS 616.628 is hereby amended to read as follows:
616.628 1. Any widow, widower, surviving child or surviving dependent parent who resides in this state and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any limitation on wages imposed by this chapter on the amount of those benefits.
2. The increase must be paid from the trust fund for pensions for silicosis , diseases related to asbestos and other disabilities.
Sec. 3. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
Disease related to asbestos means any disease caused by the inhalation of the fibers of asbestos, including but not limited to:
1. Interstitial pulmonary fibrosis;
2. Mesothelioma; and
3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.
Sec. 4. NRS 617.020 is hereby amended to read as follows:
617.020 Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and section 3 of this act, and the definitions set forth in chapter 616 of NRS for additional terms and phrases govern the construction and meaning of the terms and phrases used in this chapter.
Sec. 5. NRS 617.300 is hereby amended to read as follows:
617.300 For the purposes of any rating for an establishment or plant based on its experience, the accident record of an establishment or plant may not be charged directly [with more than $2,500] for any one case of total disability or death as a result of silicosis or a disease related to asbestos arising out of and in the course of employment in Nevada, if, in any case coming within the purpose of this section [,] and filed after July 1, 1987, the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than [3 years] 1 year in employment in Nevada.
κ1987 Statutes of Nevada, Page 590 (CHAPTER 270, AB 685)κ
disability or death as a result of silicosis or a disease related to asbestos arising out of and in the course of employment in Nevada, if, in any case coming within the purpose of this section [,] and filed after July 1, 1987, the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than [3 years] 1 year in employment in Nevada.
Sec. 6. NRS 617.323 is hereby amended to read as follows:
617.323 1. There is hereby created in the state treasury the trust fund for pensions for silicosis , diseases related to asbestos and other disabilities. The fund consists of money appropriated to the fund by the legislature and interest and income earned pursuant to subsection 2.
2. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund.
3. The fund must be administered by the state treasurer. The money in the fund may be expended only for the purposes set forth in NRS 617.325 and none of the money in the fund may be expended for administrative purposes. The expenditures must be made on claims approved by the system and paid as other claims against the state are paid.
Sec. 7. NRS 617.325 is hereby amended to read as follows:
617.325 1. The money in the trust fund for pensions for silicosis , diseases related to asbestos and other disabilities must be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS 617.460;
(b) The increased benefits for permanent total disability described in NRS 616.626; and
(c) The increased death benefits described in NRS 616.628.
2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto under subsection 1, the state treasurer shall pay an amount equal to that shown on the statement from the fund to the system.
3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits under the provisions of subsection 1 are no longer eligible for those benefits, the balance of the fund must revert to the state general fund.
Sec. 8. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis [is an occupational disease and is] and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after [a temporary or total disability, or death.] the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.
3. Nothing in this chapter entitles an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
κ1987 Statutes of Nevada, Page 591 (CHAPTER 270, AB 685)κ
expenses for disability or death due to silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis or a disease related to asbestos unless, [during the 10 years immediately preceding the disablement or death,] the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than [3 years] 1 year in employment in this state covered by the insurer.
5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapter 616 of NRS. Except as provided in NRS 616.615, the insurer shall not allow the conversion of the compensation benefits provided for in this section into a lump-sum payment. Payment of benefits and compensation is limited to the claimant and his dependents.
6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or his dependents, upon receiving the maximum sum payable, $14,250, to which they are entitled, is not entitled to compensation payments by the insurer, but is entitled to continue to receive the same amount of compensation from the trust fund for pensions for silicosis , diseases related to asbestos and other disabilities.
Sec. 9. NRS 617.470 is hereby amended to read as follows:
617.470 All conditions, restrictions, limitations and other provisions of NRS 617.460 with reference to the payment of compensation or benefits on account of silicosis [shall be] or a disease related to asbestos are applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts.
________
Assembly Bill No. 110Committee on Judiciary
CHAPTER 271
AN ACT relating to criminal procedure; authorizing a court to set concurrent sentences for subsequent offenses by probationers; removing the defendants ability to waive a presentence investigation; removing the requirement for such an investigation if one has been made within the preceding 5 years; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.035 is hereby amended to read as follows:
176.035 1. Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may [, in its discretion,] provide that the sentences subsequently pronounced [shall] run either concurrently or consecutively with the sentence first imposed.
κ1987 Statutes of Nevada, Page 592 (CHAPTER 271, AB 110)κ
pronounced for one offense, the court in imposing any subsequent sentence may [, in its discretion,] provide that the sentences subsequently pronounced [shall] run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 2 and 3, if the court makes no order with reference thereto, all such subsequent sentences [shall] run concurrently.
2. [Whenever] Except as otherwise provided in this subsection, whenever a person under sentence of imprisonment commits another crime constituting a felony and is sentenced to another term of imprisonment for [such felony, such latter term shall] that felony, the latter term must not begin until the expiration of all prior terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof.
3. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced [shall run] runs concurrently or consecutively with the one first imposed.
4. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death, the sentence [shall] must be executed without reference to the unexpired term of imprisonment.
5. This section does not prevent the state board of parole commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
Sec. 2. NRS 176.135 is hereby amended to read as follows:
176.135 1. The department of parole and probation shall make a presentence investigation and report to the court on each defendant who pleads guilty or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation except when:
(a) A sentence is fixed by a jury; or
(b) [With the consent of the court, a defendant waives the presentence investigation and report.] Such an investigation and report on the defendant has been made by the department within the 5 years immediately preceding the date initially set for sentencing on the most recent offense.
2. Upon request of the court, the department shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty of gross misdemeanors.
________
κ1987 Statutes of Nevada, Page 593κ
Assembly Bill No. 568Committee on Labor and Management
CHAPTER 272
AN ACT relating to the state industrial insurance system; requiring the manager of the system to establish premium rates for certain workers in the employment classified as construction based on the number of hours worked; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate, additional charge of premiums or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) The manager shall file revised premium rates, revised classifications of employment and changes of the multiplier applied generally to classes of risk with the commissioner and give written public notice to the employers affected by the changes at least:
(1) Ninety days before the effective date of any projected change in premiums or projected change of multiplier; and
(2) Thirty days before the effective date of any change decided upon.
The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a premium rate may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing.
κ1987 Statutes of Nevada, Page 594 (CHAPTER 272, AB 568)κ
(d) Premium rates may not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. In determining and fixing premium rates, the manager may establish a varying schedule of rates for workers who are in the classification of employment designated as construction which reflects the varying hourly rates of wages paid to such workers.
5. Subsections 2 and 3 do not apply to rating plans made by voluntary agreement between the manager and employer which increases or reduces premiums for the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the manager and the employer.
________
Senate Bill No. 183Committee on Commerce and Labor
CHAPTER 273
AN ACT relating to insurance; authorizing the commissioner of insurance to exchange certain information with the National Association of Insurance Commissioners or any successor organization; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679B.220 is hereby amended to read as follows:
679B.220 1. The commissioner shall communicate on request of the insurance supervisory official of any state, province or country any information which it is his duty by law to ascertain respecting authorized insurers.
2. The commissioner may [be] :
(a) Be a member of the National Association of Insurance Commissioners or any successor organization [,] ;
(b) Exchange with the association or any successor organization any information, not otherwise confidential, relating to applicants and licensees under this Title;
κ1987 Statutes of Nevada, Page 595 (CHAPTER 273, SB 183)κ
(c) Communicate with the association or any successor organization concerning the business of insurance generally; and [may participate]
(d) Participate in and support other cooperative activities of public officers having supervision of the business of insurance.
________
Senate Bill No. 325Committee on Natural Resources
CHAPTER 274
AN ACT relating to hunting; revising provisions concerning instruction of hunters; requiring reports of certain accidents; limiting the exceptions to the prohibition against carrying loaded firearms in a vehicle; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license may be [issued to] obtained by any person [under the age of 21] born after January 1, 1960, unless he presents to the department, or one of its authorized licensing agents, either:
(a) [Satisfactory proof that he has held a hunting license issued by a department of wildlife;
(b)] A certificate of [competency] successful completion of a course of instruction in the responsibilities of hunters as provided by NRS 502.340; or
[(c) Satisfactory proof that he has successfully passed a course in safety for hunters approved by the commission or has successfully completed other training equivalent to that provided in NRS 502.340 for a certificate of competency.
2. All persons 16 years of age and under, otherwise eligible to be licensed, upon applying for any hunting license in this state, must present a certificate of competency.
3.] (b) An equivalent certificate of completion of a course in the responsibilities of hunters provided by any state or an agency of a Canadian province for the management of wildlife.
2. Any person who has been convicted of violating NRS 503.165 or 503.175 [must not be issued] may not obtain a hunting license until he has successfully completed a course in [safe handling of firearms] the responsibilities of hunters conducted pursuant to NRS 502.340.
Sec. 2. NRS 502.340 is hereby amended to read as follows:
502.340 The department shall certify instructors who will, with the cooperation of the department, [give] provide instruction in the [course of safe handling of firearms] responsibilities of hunters established by the department to all eligible persons who, upon the successful completion of the course, must be issued a certificate .
κ1987 Statutes of Nevada, Page 596 (CHAPTER 274, SB 325)κ
department to all eligible persons who, upon the successful completion of the course, must be issued a certificate . [of competency in firearms handling.] Persons who are disqualified from obtaining a hunting license, pursuant to NRS 502.330, are eligible for the course.
Sec. 3. NRS 502.350 is hereby amended to read as follows:
502.350 The commission may authorize an instructor to collect a fee of not more than $5 from each person obtaining instruction in [the safe handling of firearms.] the responsibilities of hunters.
Sec. 4. Chapter 503 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Every person involved in a hunting accident where damage to property results, or which involves the injury of or death to another person, shall file a report of the accident with the department of wildlife within 30 days after the accident. The report must be on the form prescribed by the department.
2. The department shall revoke any hunting license held by a person convicted of violating NRS 503.165 or 503.175, if the violation results in an injury to or the death of another person. The department shall not issue another such license to the person sooner than 2 years after the revocation.
Sec. 5. NRS 503.165 is hereby amended to read as follows:
503.165 1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.
2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
3. The provisions of this section do not apply to [peace officers, game wardens,] paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the armed forces of this state or the United States while on duty or going to or returning from duty.
________
Assembly Bill No. 317Committee on Labor and Management
CHAPTER 275
AN ACT relating to industrial insurance; extending coverage to certain corporate officers and sole proprietors; simplifying reporting requirements for income from tips; increasing the limit on investment of the systems money in common stock; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1987 Statutes of Nevada, Page 597 (CHAPTER 275, AB 317)κ
Sec. 2. 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 and a maximum pay of $24,000 per annum.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per annum.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 3. Except as provided in subsection 2 of NRS 616.310, a lessee engaged in either mining or operating a reduction plant shall be deemed to be:
1. An employee of the lessor; and
2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality.
Sec. 4. NRS 616.055 is hereby amended to read as follows:
616.055 Employee and workman are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. [Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the terms of this chapter if the lessee had covered itself and its employees under the terms, conditions and provisions of this chapter.
κ1987 Statutes of Nevada, Page 598 (CHAPTER 275, AB 317)κ
6.] Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
Sec. 5. NRS 616.114 is hereby amended to read as follows:
616.114 Sole proprietor means a self-employed owner of an unincorporated business [who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage] and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada.
Sec. 6. NRS 616.310 is hereby amended to read as follows:
616.310 1. [Workmen described in subsection 5 of NRS 616.055,] A lessee engaged in either mining or operating a reduction plant whose employer is within the provisions of this chapter, must be reported by the employer separate and apart from those employed at a daily wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of employees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. [Any such lessees, by filing] If such a lessee files with the system an acceptance of the provisions of this chapter and [by the payment of] pays the premiums in advance upon the estimated earnings of [themselves,] himself and any workmen [they] he may employ, [may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the lessor having the work executed, as provided in subsection 5 of NRS 616.055,] the lessor is relieved of this obligation.
Sec. 7. NRS 616.401 is hereby amended to read as follows:
616.401 1. An employee may elect to report the amount he receives as tips for the purpose of the calculation of compensation by submitting to his employer a written notice of election to report his tips. The employee must make his election separately for each pay period before the end of the next pay period. The declaration may not be amended.
2. Upon receipt of such notice the employer shall:
(a) Make a copy of each report which the employee has filed with the employer to report the amount of his tips to the United States Internal Revenue Service;
(b) Stamp or attach to the copy a declaration to be signed by the employee under penalty of perjury which states that the contents of the report are true;
(c) Require the employee to sign the declaration;
(d) Submit the copy to the system upon request and retain another copy for his records or if the employer is self-insured, retain the copy for his records; and
κ1987 Statutes of Nevada, Page 599 (CHAPTER 275, AB 317)κ
for his records or if the employer is self-insured, retain the copy for his records; and
(e) If he is not self-insured, pay the system the premiums for the reported tips at the same rate as he pays on regular wages [.] , beginning 3 months after he receives the first notice of the election of the employee to report tips.
3. An employee who elects to report his tips is not eligible to receive increased compensation based on those tips until 3 months after his employer receives the notice of election to report his tips.
4. The department shall adopt regulations specifying the form of the declaration required pursuant to subsection 2.
5. The system or the self-insured employer shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported after the employee has become eligible for increased compensation pursuant to subsection 3.
Sec. 8. NRS 616.4981 is hereby amended to read as follows:
616.4981 1. The manager may invest and reinvest the money in the funds of the system in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof.
2. The manager shall not invest more than [1] 2.5 percent of the systems assets in the common stock or capital stock of any one issuing company, nor may the aggregate of the systems investments under this section at cost exceed 20 percent of its assets.
Sec. 9. NRS 616.640 is hereby amended to read as follows:
616.640 1. It [shall be] is unlawful for an employer [who has elected to reject the terms, conditions and provisions of this chapter] to make any charge against any employee or to deduct from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his acceptance or rejection of this chapter. Any [such] employer who makes a deduction for [such] that purpose from the salary or wage of any employee shall be fined not more than $500 for each offense.
2. Any employer violating this section shall be prosecuted upon complaint of any employee who submits proper evidence of [such] a violation.
Sec. 10. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. 1. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 and a maximum pay of $24,000 per annum.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per annum.
κ1987 Statutes of Nevada, Page 600 (CHAPTER 275, AB 317)κ
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the system. The rejection is effective upon receipt of the notice by the system.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the system. The rescission is effective upon receipt of the notice by the system.
Sec. 12. Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be:
1. An employee of the lessor; and
2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality.
Sec. 13. NRS 617.070 is hereby amended to read as follows:
617.070 Employee and workman are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay.
4. [Officers of quasi-public or private corporations who receive pay as provided in the charter or bylaws of the corporation for service performed, provided that a paid corporation officer shall be deemed for the purposes of this chapter to receive a minimum pay of $3,600 per annum and a maximum pay of $24,000 per annum irrespective of the provisions of a corporation charter or bylaws.
5. Lessees engaged in either mining or operating reduction plants; provided:
(a) That such lessees shall be deemed employees of the lessor and for the purposes of this chapter shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality; and
(b) That the lessor shall be relieved from providing and securing compensation under the provisions of this chapter if the lessee has covered itself and its employees under the provisions of this chapter.
6.] Volunteer firemen entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070.
[7.] 5. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
Sec. 14. NRS 617.250 is hereby amended to read as follows:
617.250 1. [Workmen described in subsection 5 of NRS 617.070,] A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separate and apart from those employed at a daily wage, and the report must describe briefly:
κ1987 Statutes of Nevada, Page 601 (CHAPTER 275, AB 317)κ
employer separate and apart from those employed at a daily wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality.
Otherwise, the payroll reports and premium payments on earnings of employees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. [Any such lessees, by filing] If such a lessee files with the system an acceptance of the provisions of this chapter and [by the payment of] pays the premiums in advance upon the estimated earnings of [themselves,] himself and any workmen [they] he may employ, [may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this chapter, the lessor having the work executed, as provided in subsection 5 of NRS 617.070,] the lessor is relieved of this obligation.
________
Senate Bill No. 66Committee on Commerce and Labor
CHAPTER 276
AN ACT relating to dispensing opticians; making various changes regarding licensure; increasing certain fees; repealing certain obsolete provisions; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Board means the board of dispensing opticians.
Sec. 3. Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
Sec. 4. Ophthalmic dispensing means the design, verification and delivery to the intended wearer of lenses, frames and other specially fabricated optical devices upon prescription. The term includes:
1. The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
2. The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;
3. The verification of the quality of finished ophthalmic products;
κ1987 Statutes of Nevada, Page 602 (CHAPTER 276, SB 66)κ
4. The adjustment of lenses or frames to the intended wearers face or eyes;
5. The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices; and
6. The fitting of contact lenses pursuant to a written prescription by a dispensing optician who has been licensed pursuant to NRS 637.122 to do so.
Sec. 5. Person is limited to a natural person.
Sec. 6. Prescriber means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses.
Sec. 7. Prescription means a direction from a licensed prescriber to prepare therapeutic or corrective lenses.
Sec. 8. Supervision means the provision of individual direction, control, inspection and evaluation of work.
Sec. 9. The board shall maintain records pertaining to applicants to whom licenses have been issued or denied. These 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 business address of the applicant.
5. The date of issuance or denial of the license.
6. The current status of the license.
Sec. 10. 1. Except as otherwise provided in subsection 2, all applications for licensure, 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 the hearing and any order or decision of the board or panel must be open to the public.
2. 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 ophthalmic dispensing.
(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.
(e) Any other information or records in the possession of the board.
3. This section does not 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.
Sec. 11. 1. The license of each apprentice dispensing optician must expire on January 31 of each year. A license may be renewed before expiration upon payment of the annual renewal fee set by the board, not to exceed $100.
κ1987 Statutes of Nevada, Page 603 (CHAPTER 276, SB 66)κ
expiration upon payment of the annual renewal fee set by the board, not to exceed $100.
2. The board may by regulation require continuing education as a prerequisite to the renewal of the license of an apprentice dispensing optician.
Sec. 12. NRS 637.020 is hereby amended to read as follows:
637.020 [In] As used in this chapter, unless the context otherwise requires [:
1. Board means the board of dispensing opticians.
2. Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
3. Ophthalmic dispensing means the design, verification and delivery to the intended wearer of lenses, frames and other specially fabricated optical devices upon prescription. The term includes:
(a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;
(b) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;
(c) The verification of the quality of finished ophthalmic products;
(d) The adjustment of lenses or frames to the intended wearers face or eyes; and
(e) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices.
4. Person is limited to a natural person.
5. Prescriber means a physician or optometrist authorized to examine eyes and prescribe therapeutic or corrective lenses.
6. Prescription means a direction from a licensed prescriber to prepare therapeutic or corrective lenses.
7. Supervision means the provision of individual direction, control, inspection and evaluation of work.] , the words and terms defined in sections 2 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.
Sec. 13. NRS 637.040 is hereby amended to read as follows:
637.040 1. The board shall elect a president, [a] vice president, secretary and [a] treasurer from its membership.
2. [The president or secretary] Any member of the board may:
(a) Issue subpenas to compel attendance of witnesses to testify before the board. Subpenas [shall] must issue under the seal of the board and [shall] must be served in the same manner as subpenas issued out of the district court.
(b) Administer oaths in taking testimony in any matter pertaining to the duties of the board.
Sec. 14. NRS 637.050 is hereby amended to read as follows:
637.050 1. The principal office of the board is the place of business or employment of the secretary of the board, but it may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, and may meet or conduct any of its business at any place in the state.
κ1987 Statutes of Nevada, Page 604 (CHAPTER 276, SB 66)κ
many localities in the state as it finds necessary to carry out the provisions of this chapter, and may meet or conduct any of its business at any place in the state.
2. The board shall meet at least once in [August] the fall of each year [,] on a date determined by the board, at which time candidates applying for licensing must be examined and their qualifications determined.
3. In addition to the meeting required by subsection 2, the board may hold such other meetings as it may deem advisable. The time and place of all such meetings must be determined by the board.
Sec. 15. NRS 637.090 is hereby amended to read as follows:
637.090 A person shall not engage in the practice of ophthalmic dispensing or manage a business engaged in ophthalmic dispensing without [first securing a] holding a valid, active license issued as provided by this chapter.
Sec. 16. NRS 637.110 is hereby amended to read as follows:
637.110 1. An application must be accompanied by a fee of not more than [$100] $250 to cover the cost of the examination and the initial licensing.
2. The board shall, if it approves an application, examine the applicant in ophthalmic dispensing, except that the board may waive the examination of an applicant who is, at the time of application, licensed as a dispensing optician in another state.
3. To pass the examination, an applicant must achieve a score of at least 70 percent on the written portion and 70 percent on the practical portion of the examination.
Sec. 17. NRS 637.120 is hereby amended to read as follows:
637.120 An applicant successfully completing the examination [shall be registered by the board and shall] must be issued a license as a dispensing optician [.] by the board. The license authorizes the applicant to engage in the practice of ophthalmic dispensing, and must at all times be conspicuously displayed at the holders place of practice. The license is not transferable by the holder. A separate [entry on the] license is required before the [holder] dispensing optician may fit contact lenses.
Sec. 18. NRS 637.122 is hereby amended to read as follows:
637.122 1. A dispensing optician shall not fit contact lenses unless he is [certified] licensed to do so pursuant to this section.
2. The board shall issue a [certificate] license containing an authorization for its holder to fit contact lenses to any licensed dispensing optician whose license has been issued by this board and:
(a) Who has successfully completed a course of instruction on the fitting of contact lenses at a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and who has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; or
(b) Who has completed at least 1 year of training and experience in the fitting of contact lenses under the supervision of a licensed dispensing optician [certified] licensed to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners.
κ1987 Statutes of Nevada, Page 605 (CHAPTER 276, SB 66)κ
optician [certified] licensed to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners.
A [certificate] license to fit contact lenses is effective for 1 year but may be renewed.
3. The board may charge a fee of not more than [$100] $250 for its initial issuance of a [certificate] license to fit contact lenses and $250 for an annual renewal of such a [certificate.] license.
4. An applicant who desires to qualify by obtaining 1 year of training and experience must first apply to the board for a training [permit.] license. The board shall fix a fee of not more than [$15] $150 for the training [permit. The permit] license. The license must be conspicuously displayed at the place of training. The year of training and experience must consist of not less than 1,000 hours of experience in fitting and adapting contact lenses, verification and interpretation of prescriptions for contact lenses, and in other aspects of the practice and theory of fitting contact lenses.
5. The board may issue a training [permit] license for the fitting of contact lenses to a [registered] licensed apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
6. The board may issue a [permit,] training license, to be effective for not more than 2 years, to a licensed dispensing optician who is not [certified] licensed to fit contact lenses in order that he may train in the fitting of such lenses.
7. A dispensing optician:
(a) May fit contact lenses only pursuant to a written prescription specifying contact lenses.
(b) Shall direct the patient to return to the prescriber for checking the fit and accuracy of the lenses.
Sec. 19. NRS 637.125 is hereby amended to read as follows:
637.125 1. A licensed dispensing optician may employ any person to perform the services of a dispensing optician if the person is [registered with] licensed by the board [and issued a permit to serve] as an apprentice dispensing optician.
2. A licensed dispensing optician shall:
(a) Supervise all work done by an apprentice dispensing optician.
(b) Be in attendance [, except for brief absences,] whenever an apprentice dispensing optician is engaged in ophthalmic dispensing.
(c) Post the [permit] license of the apprentice dispensing optician in a conspicuous place where the apprentice works.
3. A licensed dispensing optician may not have under his supervision more than two apprentice dispensing opticians at any one time.
4. The board may require [an application] a fee of not more than [$15 for registration] $150 for the licensure of an apprentice dispensing optician.
5. A licensed dispensing optician may employ persons to assist in consulting on optical fashions and in making optical repairs, and these persons need not [register] be licensed as apprentices.
κ1987 Statutes of Nevada, Page 606 (CHAPTER 276, SB 66)κ
consulting on optical fashions and in making optical repairs, and these persons need not [register] be licensed as apprentices.
Sec. 20. NRS 637.135 is hereby amended to read as follows:
637.135 1. Except as otherwise provided in subsection 2, all licensed dispensing opticians must complete a yearly program of continuing education in ophthalmic dispensing.
2. Licensed dispensing opticians on active military service are exempt from the requirement of this section.
3. The program of continuing education in ophthalmic dispensing must:
(a) Encompass such subjects as are established by regulations of the board.
(b) Consist of a minimum of [12] 36 hours in [each calendar year.] a period of 36 months.
4. The board shall require persons who are [certified] licensed to fit contact lenses to obtain additional continuing education related to that practice.
Sec. 21. NRS 637.140 is hereby amended to read as follows:
637.140 1. A license issued under the provisions of this chapter expires on [December] January 31 of each year . [, and, upon payment of a renewal fee of not more than $200 and presentation of the certificate of completion required by NRS 637.135, may be renewed at any time not later than January 31 of the following year.
2. A license not renewed before February 1 of each year shall be deemed forfeited.]
2. A license may be renewed before its expiration upon presentation of proof of completion of the continuing education required by NRS 637.135 and payment of a renewal fee set by the board of not more than $200. Except as otherwise provided in subsection 3, any license which is not renewed before January 31 of each year shall be deemed delinquent. A delinquent license may be reinstated, at the discretion of the board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the board of not more than $100.
3. Upon written request to the board, and payment of a fee not to exceed $150, a licensee in good standing may have his name and license transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the license is inactive. If an inactive licensee desires to resume the practice of ophthalmic dispensing, the board shall reactivate the license upon the:
(a) Demonstration if deemed necessary by the board that the licensee is then qualified and competent to practice;
(b) Completion of an application; and
(c) Payment of the current fee for renewal of the license.
Payment of the delinquency fee and the renewal fee for any year while the license was inactive is not required.
κ1987 Statutes of Nevada, Page 607 (CHAPTER 276, SB 66)κ
Sec. 22. NRS 637.150 is hereby amended to read as follows:
637.150 Upon proof to the satisfaction of the board that an applicant or holder of a license:
1. Has been adjudicated insane;
2. Habitually uses any controlled substance as defined in chapter 453 of NRS or [intoxicants;] intoxicating liquor;
3. Has been convicted of a crime involving moral turpitude;
4. Has advertised [fraudulently;] in any manner which would tend to deceive, defraud or mislead the public;
5. Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;
6. Has been convicted of a violation of any federal or state law relating to a controlled substance as defined in chapter 453 of NRS;
7. Has violated any regulation of the board;
8. Has violated any provision of this chapter;
9. Is incompetent; [or
10. Has repeatedly been negligent, as]
10. Is guilty of unethical or unprofessional conduct as determined by the board; or
11. Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner,
the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than $2,500, suspend or revoke his license, or take any combination of these disciplinary actions.
Sec. 23. NRS 637.165 is hereby amended to read as follows:
637.165 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 637.060 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation, reprimand him or revoke or suspend his license may appeal that decision of the board [.] within 40 days after the board sends a copy of the decision to the licensee at his last known address.
Sec. 24. NRS 637.170 is hereby amended to read as follows:
637.170 Any licensee whose license was revoked by the board may apply for a new license as provided in NRS 637.100 to 637.122, inclusive, any time after the date of revocation. The board [at any time after the date of revocation or forfeiture of a license] may consider such an application for [reinstatement, and after consideration it may grant such reinstatement] licensure and may grant it upon the applicants payment of a [reinstatement fee of not more than $100.]
κ1987 Statutes of Nevada, Page 608 (CHAPTER 276, SB 66)κ
[reinstatement, and after consideration it may grant such reinstatement] licensure and may grant it upon the applicants payment of a [reinstatement fee of not more than $100.] fee set by the board to cover the administrative costs of issuing a new license.
Sec. 25. NRS 637.130 and 637.160 are hereby repealed.
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Assembly Bill No. 502Committee on Transportation
CHAPTER 277
AN ACT relating to motor carriers; making various technical and administrative changes; clarifying the scope of certain statutes relating to reports; making certain fees consistent with other state and federal requirements; eliminating double taxation of certain vehicles; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.519 is hereby amended to read as follows:
706.519 1. On or before the last day of January, April, July and October of each year, each licensee who pays his fee on the basis of mileage shall file a quarterly return for the preceding quarter with the department. The return must be filed on a form prescribed by the department, [together with supporting schedules,] and must be filed regardless of the amount of the fee due.
2. The return must include the information reasonably required by the department for the administration and enforcement of this chapter.
3. Where a fee is due, remittance must accompany the return in the amount due.
4. Any person who fails to pay any fee on the dates provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
Sec. 2. NRS 706.521 is hereby amended to read as follows:
706.521 1. Except as otherwise provided in subsection 5, any person has the option, in lieu of causing a motor vehicle to be licensed under NRS 706.011 to 706.791, inclusive, of applying for a temporary license to be issued forthwith upon payment of a fee based upon the declared gross weight of the vehicle or combination of vehicles as follows:
More than 10,000 pounds but not more than 15,000................................ $10
More than 15,000 pounds but not more than 20,000................................ 20
More than 20,000 pounds but not more than 50,000................................ 40
More than 50,000 pounds............................................................................. 90
κ1987 Statutes of Nevada, Page 609 (CHAPTER 277, AB 502)κ
2. Except as otherwise provided in subsection 6, a temporary license authorizes operation over the highways of this state for [a period of] not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of NRS 706.266 is entitled upon application to the department in such form and detail as the department may require, to be issued a proper identifying device.
4. Upon request, the department may allow credit for the period for which the licenses were purchased if the applicant is licensed under the provisions of NRS 706.516.
5. The provisions of this section do not apply to [operators of driveaway-towaway convoy vehicles.] vehicles registered under NRS 482.482.
6. The department may issue, to the owner or operator of a common motor carrier of passengers, a temporary license which authorizes operation for [a period of] not more than 120 consecutive hours.
Sec. 3. NRS 706.526 is hereby amended to read as follows:
706.526 1. Except as otherwise provided in NRS [482.480,] 482.482, every motor convoy carrier, before commencing operations in this state, shall apply to the department for a motor convoy carrier license.
2. The applicant may elect to be licensed on an annual basis or on a 48-hour temporary [convoy license basis.] basis under NRS 706.521.
3. If the applicant elects to be licensed on an annual basis the license fee is $500, and the fee for each identifying device issued thereunder is $30. The license and each identifying device expires on December 31 of each year and may not be transferred to or used by any other person.
4. [If the applicant elects to be licensed exclusively on a 48-hour temporary convoy license basis, the department shall issue appropriate identifying devices.] An original identifying device must be carried in each vehicle when operating in this state. It is unlawful to duplicate any device.
5. [For each vehicle driven or towed by any motor convoy carrier, or driven singly, which does not have an identifying device issued pursuant to subsection 3, a 48-hour temporary convoy license must be secured upon payment of a fee of $10. No license may be transferred to or used by any other person or for any other vehicle.
6.] The provisions of this section do not apply to vehicles:
(a) Transported by motor vehicles regularly licensed under the provisions of NRS 706.516 ; [or 706.521;] or
(b) Whose declared gross weight is less than 10,000 pounds.
Sec. 4. NRS 706.531 is hereby amended to read as follows:
706.531 1. After the department of transportation has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated under the permit, which must be carried and displayed on any combination operating under the permit in such a manner as the department determines. The devices issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation.
κ1987 Statutes of Nevada, Page 610 (CHAPTER 277, AB 502)κ
may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed under the provisions of NRS [482.480] 482.482 or 706.516.
2. The annual fee for each identifying device or set of devices for a combination of vehicles is $30 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
Sec. 5. NRS 706.536 is hereby amended to read as follows:
706.536 1. In addition to the fees provided in NRS 706.516 [to 706.526, inclusive,] , 706.521 and 706.526, the department shall collect the additional sum of $6 for [:
(a) Each] each original identifying device issued on an annual basis [for motor vehicles] under the provisions of NRS 706.516 , [to 706.526, inclusive;
(b) Each original identifying device issued on an annual basis under the provisions of NRS] 706.521 and 706.526.
2. All money collected pursuant to this section must be deposited with the state treasurer to the credit of the motor vehicle fund, to be used to defray the costs incurred pursuant to NRS 706.176.
Sec. 6. NRS 706.541 is hereby amended to read as follows:
706.541 Any person electing or required to pay license fees under the provisions of NRS 706.521 [, 706.526] or 706.856 shall purchase the necessary temporary licenses, through the nearest available vendor in the State of Nevada.
Sec. 7. NRS 706.546 is hereby amended to read as follows:
706.546 Where credit is allowed against any subsequent fee for a license or registration fee paid pursuant to NRS 706.521 [, 706.526] or 706.856, there [shall be] is a nonrefundable charge of $1.
κ1987 Statutes of Nevada, Page 611 (CHAPTER 277, AB 502)κ
Sec. 8. NRS 706.551 is hereby amended to read as follows:
706.551 1. Any person paying license fees under the provisions of NRS 706.516 [to 706.526, inclusive,] and 706.521 shall, in addition to any other penalties prescribed by this chapter, pay a $25 penalty for every delinquent tax return or quarterly report.
2. A tax return or quarterly report is considered delinquent when it has not been received by the department by the due date of the tax return, or quarterly report, as prescribed by this chapter. A tax return or quarterly report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing the tax return or quarterly report, properly addressed to the department, if that date is earlier than the date of actual receipt.
Sec. 9. NRS 706.556 is hereby amended to read as follows:
706.556 Whenever any identifying device is replaced [or transferred, there shall be] , there is imposed a nonrefundable charge of [$2.] $5. Whenever any identifying device is transferred, there is imposed a nonrefundable charge of $6 in addition to any other fees.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person [failing] who fails to pay any excise tax, except taxes assessed under the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to the tax a penalty of 10 percent of the amount thereof, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.
2. Any person who fails to submit a quarterly or monthly tax return as required by NRS 366.380 or section 2 of [this act,] Assembly Bill No. 273 of this session, respectively, shall pay a penalty of [$10] $25 for each delinquent tax return, in addition to any other penalty provided by this chapter.
3. A tax return is considered delinquent when it has not been received by the department by the [due date of] date the tax return [,] is due, as prescribed by this chapter.
Sec. 12. NRS 371.085 is hereby amended to read as follows:
371.085 Interstate motor carriers who register under the Interstate Highway User Fee Apportionment Act or NRS 482.482 may prorate their vehicle privilege tax by the same percentages as those set out in subsection 2 of NRS 706.841 [.] or NRS 706.861.
Sec. 13. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $15.
κ1987 Statutes of Nevada, Page 612 (CHAPTER 277, AB 502)κ
2. For every motorcycle, a registration fee of $15.
3. For each transfer of registration [the fee is] a fee of $6 in addition to any other fees.
4. For every motor vehicle there is an additional fee of $4 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
5. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 [the fee is] a fee of $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
6. For every travel trailer, [the] a registration fee [is $15.
A vehicle which is registered without proration under this section is exempt from the provisions of NRS 706.516, 706.521 and 706.526.] of $15.
Sec. 14. NRS 482.482 is hereby amended to read as follows:
482.482 1. In addition to any other applicable fee listed in NRS 482.480:
[1.] (a) 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.] (b) 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 8,499......................................................................... $20
8,500 to and including 10,000....................................................................... 30
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.
2. A vehicle which is registered without proration under this section is exempt from the provisions of NRS 706.516 and 706.521.
Sec. 15. Sections 5, 11 and 14 of this act become effective at 12:01 a.m. on July 1, 1987.
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κ1987 Statutes of Nevada, Page 613κ
Assembly Bill No. 498Committee on Government Affairs
CHAPTER 278
AN ACT relating to contractors; reducing the time for the replacement of an employee qualifying in regard to his experience and knowledge on behalf of a contractor; and providing other matters properly relating thereto.
[Approved June 3, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.285 is hereby amended to read as follows:
624.285 1. If the [individual] natural person qualifying by examination on behalf of another [individual] natural person or a firm pursuant to subsection 2 of NRS 624.260 ceases for any reason to be connected with the licensee to whom the license is issued, the licensee shall notify the board in writing within [30 days from such] 10 days after the cessation of association or employment. If a notice is given, the license [shall remain] remains in force for a reasonable length of time to be set by the board, but not exceeding [60 days from] 30 days after the date of [such] the cessation of association or employment.
2. The licensee shall replace the person originally qualified with another [individual] natural person similarly qualified and approved by the board within the time limited by subsection 1, unless extended by the board for good cause.
3. If the licensee fails to notify the board within the [30-day] 10-day period his license [shall] must be automatically suspended. The license [shall] must be reinstated upon the replacement of the person originally qualified by another [individual] natural person similarly qualified and approved by the board.
4. If the licensee fails to replace the person originally qualified within the 30-day period, his license may be suspended or revoked.
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Assembly Bill No. 471Committee on Ways and Means
CHAPTER 279
AN ACT making an appropriation to the law firm of Blum, Nash and Railsback for payment for legal services for certain litigation; and providing other matters properly relating thereto.
[Approved June 4, 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 Blum, Nash and Railsback of Washington, D.C. the sum of $219,181.87 for payment in full for legal services rendered to the attorney general relating to litigation in United States v.
κ1987 Statutes of Nevada, Page 614 (CHAPTER 279, AB 471)κ
payment in full for legal services rendered to the attorney general relating to litigation in United States v. Exxon Corporation.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 148Committee on Finance
CHAPTER 280
AN ACT making an appropriation to the University of Nevada System for certain expenses; and providing other matters properly relating thereto.
[Approved June 4, 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 University of Nevada System the sum of $3,550,000 to be used as follows:
1. For equipment for the Mackay School of Mines and the College of Engineering of the University of Nevada, Reno, $1,500,000;
2. For instructional equipment for the University of Nevada, Las Vegas, $1,000,000;
3. For a research facility for the environmental biology program at the University of Nevada, Las Vegas, $300,000; and
4. For the four community colleges within the University of Nevada System, $750,000.
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. 744Committee on Judiciary
CHAPTER 281
AN ACT relating to jury trials; authorizing the use of any certified shorthand reporter to report a jury trial in a justices court; and providing other matters property relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.011 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 615 (CHAPTER 281, AB 744)κ
175.011 1. In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.
2. In a justices court, a case must be tried by jury only if the defendant so demands in writing not less than 30 days before trial. [Where] Except as otherwise provided in NRS 4.390 and 4.400, if a case is tried by jury, a reporter must be present who is [an official reporter for a district court of this state,] a certified shorthand reporter and shall report the trial.
________
Senate Bill No. 505Senator Jacobsen
CHAPTER 282
AN ACT making an appropriation for the repair of the Governors mansion and for the purchase of equipment and carpet therefor; and providing other matters properly relating thereto.
[Approved June 4, 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 Buildings and Grounds Division of the Department of General Services the sum of $157,100 for the cost of repairing the Governors mansion and for the purchase of equipment and carpet therefor.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 14Committee on Finance
CHAPTER 283
AN ACT making an appropriation to the legislators retirement fund to cure a shortage in contributions occurring during the 1985-1987 biennium; and providing other matters properly relating thereto.
[Approved June 4, 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 legislators retirement fund created pursuant to NRS 218.2375 the sum of $43,232 to cure a shortage in contributions occurring during the 1985-1987 biennium.
κ1987 Statutes of Nevada, Page 616 (CHAPTER 283, SB 14)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 166Committee on Finance
CHAPTER 284
AN ACT relating to education; modifying the program of proficiency examinations for pupils in public schools; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
The examinations must be administered before the completion of grades 3, 6, 9 and 12.
2. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
3. If a pupil fails to [pass the proficiency] demonstrate adequate achievement on the examination administered before the completion of grade 3, 6 or 9, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the high school proficiency examination administered before the completion of grade [12,] 11, he must not be graduated until he is able, through remedial study, to pass [that] the high school proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
4. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officers duties.
Sec. 2. NRS 389.017 is hereby amended to read as follows:
389.017 The state board of education shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 3rd, 6th, 9th and [12th] 11th grades of public school pupils in the district.
κ1987 Statutes of Nevada, Page 617 (CHAPTER 284, SB 166)κ
requiring that each board of trustees of a school district submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 3rd, 6th, 9th and [12th] 11th grades of public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
________
Assembly Bill No. 755Committee on Judiciary
CHAPTER 285
AN ACT relating to gaming; authorizing temporary games in designated areas of a licensed gaming establishment for holidays and special events; changing the authority to regulate holidays and special events of licensees from the Nevada gaming commission to the state gaming control board; expanding the definitions of a holding company and intermediary company; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.408 is hereby amended to read as follows:
463.408 1. As used in this section, holidays or special events refers to periods during which the influx of tourist activity in this state or any area thereof may require additional or alternative industry accommodation as determined by the [commission.] board.
2. Any licensee holding a valid license under this chapter may apply to the [commission,] board, on application forms prescribed by the [commission,] board, for a holiday or special event permit [for the purpose of increasing] to:
(a) Increase the licensees game operations during holidays or special events [.
3. Such application shall] ; or
(b) Provide persons who are attending a special event with gaming in an area of the licensees establishment to which access by the general public may be restricted.
3. The application must be filed with the [commission at least 3 days prior to the date when games are to be added.] board at least 15 days before the date of the holiday or special event.
4. If the [commission] board approves the application, it shall issue to the licensee a permit to operate presently existing games or any additional games [,] in designated areas of the licensees establishment. The number of additional games must not [to] exceed 50 percent of the number of games operated by the licensee at the time the application is filed.
κ1987 Statutes of Nevada, Page 618 (CHAPTER 285, AB 755)κ
operated by the licensee at the time the application is filed. The permit [shall] must state the period for which it is issued and the number , if any, of additional games allowed. For purposes of computation, any fractional game [shall] must be counted as one full game. The licensee shall present any such permit on the demand of any inspecting agent of the board or commission.
5. Before issuing any permit, the [commission] board shall charge and collect from the licensee a fee of $14 per game per day for each day the permit is effective. [Such fees shall be] The fees are in lieu of the fees required under NRS 463.380, 463.383 and 463.390.
6. A permit may not be issued to any licensee for more than 40 cumulative days during any calendar year, nor for a period longer than 10 days during any calendar quarter year. [Such] The 10-day period during a calendar quarter year may be consecutive or divided into two lesser periods. For purposes of computation, 1 day is equal to a 24-hour period.
7. The additional games allowed under a permit [shall] must not be counted in computing the casino entertainment tax under NRS 463.401.
8. If any such additional games are not removed at the time the permit expires, the licensee [shall immediately be] is immediately subject to the fees provided for in this chapter.
Sec. 2. NRS 463.485 is hereby amended to read as follows:
463.485 1. Holding company means any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
all or any part of the limited partnership interests or outstanding voting securities of a corporation which holds or applies for a state gaming license.
2. For the purposes of this section, in addition to any other reasonable meaning of the words used, a holding company indirectly has, holds or owns any power, right or security mentioned in subsection 1 if it does so through any interest in a subsidiary or successive subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant.
Sec. 3. NRS 463.486 is hereby amended to read as follows:
463.486 Intermediary company means any corporation, firm, partnership, trust or other form of business organization other than a natural person which:
1. Is a holding company with respect to a corporation or limited partnership which holds or applies for a state gaming license; and
2. Is a subsidiary with respect to any holding company.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 619κ
Senate Bill No. 146Committee on Finance
CHAPTER 286
AN ACT making an appropriation to the Department of Prisons for the payment of expenses relating to the renovation of certain facilities; and providing other matters properly relating thereto.
[Approved June 4, 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 Prisons the sum of $128,578 for the payment of expenses relating to the renovation of facilities as follows:
1. To replace water heaters at the Northern Nevada Correctional Center, $45,000;
2. To repair and renovate the Indian Springs Conservation Camp, $33,578; and
3. To overhaul a generator at the Southern Desert Correctional Center, $50,000.
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.
________
Senate Bill No. 424Committee on Finance
CHAPTER 287
AN ACT making a supplemental appropriation to the University of Nevada System for the Small Business Development Center; and providing other matters properly relating thereto.
[Approved June 4, 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 University of Nevada System the sum of $56,750 for the Small Business Development Center. This appropriation is supplemental to that made by section 1 of chapter 431, Statutes of Nevada 1985, at page 1226.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 620κ
Senate Bill No. 395Committee on Finance
CHAPTER 288
AN ACT extending the reversion of the appropriation made in 1985 for the construction of prison camps; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 306, Statutes of Nevada 1985, at page 919, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1987,] 1988, 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. 103Committee on Judiciary
CHAPTER 289
AN ACT relating to adoption; authorizing the welfare division of the department of human resources to charge fees relating to the placement of a child for adoption; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The welfare division may charge reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required pursuant to NRS 127.280.
2. The welfare division may waive or reduce any fee charged pursuant to subsection 1 if it determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.
3. Any money collected pursuant to this section must be accounted for in the appropriate account of the welfare division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by the division.
κ1987 Statutes of Nevada, Page 621 (CHAPTER 289, SB 103)κ
Sec. 2. NRS 127.290 is hereby amended to read as follows:
127.290 1. Except as provided in NRS 127.285 [,] and section 1 of this act, no person who does not have in full force a license to operate a child-placing agency may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.
2. A licensed child-placing agency may accept fees for operational expenses.
Sec. 3. NRS 127.300 is hereby amended to read as follows:
127.300 1. Except as provided in NRS 127.285 [,] and section 1 of this act, and person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of human resources, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care 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.
2. The natural parents and the adopting parents are not accomplices for the purpose of this section.
________
Assembly Bill No. 245Committee on Ways and Means
CHAPTER 290
AN ACT making an appropriation to the Secretary of State for a computerized filing system; and providing other matters properly relating thereto.
[Approved June 4, 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 Secretary of State the sum of $180,000 to establish an on-line computerized Uniform Commercial Code filing system.
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 622κ
Assembly Bill No. 595Committee on Government Affairs
CHAPTER 291
AN ACT relating to accounting procedures for the state; revising the State Accounting Procedures Law in conformity with the standards of the Governmental Accounting Standards Board; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Agency fund means a fiduciary fund which is solely custodial in nature, in which assets equal liabilities, and which does not involve measurement of the results of operations.
Sec. 3. Trust fund means a fiduciary fund that is not an agency fund.
Sec. 4. 1. The modified accrual or accrual basis of accounting, as appropriate, must be utilized in measuring financial position and operating results.
2. Revenues and expenditures concerning governmental funds must be recognized on the modified accrual basis. Revenues must be recognized in the accounting period in which they become available and measurable. Expenditures must be recognized in the accounting period in which the liability of the fund is incurred, if measurable, except for unmatured interest on general long-term debt and on indebtedness secured by interest-bearing levies for special assessments, which must be recognized when due.
3. Revenues and expenses concerning proprietary funds must be recognized on the accrual basis. Revenues must be recognized in the accounting period in which they are earned and become measurable. Expenses must be recognized in the period incurred, if measurable.
4. Revenues and expenses or expenditures, as appropriate, concerning fiduciary funds must be recognized on the basis consistent with the objective for accounting measurement. Nonexpendable trust funds and funds held in trust for pensions must be accounted for on the accrual basis. Expendable trust funds must be accounted for on the modified accrual basis. Assets and liabilities of agency funds must be accounted for on the modified accrual basis.
5. Transfers must be recognized in the accounting period in which the relevant interfund receivables and payables arise.
Sec. 5. NRS 353.291 is hereby amended to read as follows:
353.291 NRS 353.291 to 353.3245, inclusive, and sections 2, 3 and 4 of this act, may be cited as the State Accounting Procedures Law.
Sec. 6. NRS 353.293 is hereby amended to read as follows:
353.293 1. It is the purpose of the State Accounting Procedures Law to set forth legislative policy governing the states financial procedures which relate to accounting and reporting [.
κ1987 Statutes of Nevada, Page 623 (CHAPTER 291, AB 595)κ
relate to accounting and reporting [. Generally] , and to establish a system of accounting for the state that:
(a) Presents fairly and with full disclosure the financial position and the results of financial operations of the funds and account groups of the state in conformity with generally accepted accounting principles [shall be applied except when in conflict with constitutional and statutory provisions.] ; and
(b) Determines and demonstrates compliance with legal and contractual requirements related to finance.
2. The legislature reserves the sole right to establish funds and [groups of accounts] account groups not provided for by the Nevada constitution.
Sec. 7. NRS 353.295 is hereby amended to read as follows:
353.295 As used in the State Accounting Procedures Law, unless the context otherwise requires, and in all accounting procedures and reports pursuant to this chapter, the words and terms defined in NRS 353.2965 to 353.3115, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 353.2965 is hereby amended to read as follows:
353.2965 Accounting system means the total structure of records and procedures which discover, record, classify , summarize and report information on the financial position and results of operations of the states funds , [and groups of accounts.] account groups and organizational components.
Sec. 9. NRS 353.3027 is hereby amended to read as follows:
353.3027 Expenditure means the cost of goods delivered or services rendered, whether paid or unpaid, [including expenses,] any provision for debt retirement not reported as a liability of the fund from which retired, and any capital outlays. For financial reporting, the term does not include an encumbrance.
Sec. 10. NRS 353.305 is hereby amended to read as follows:
353.305 Fund means [an independent] a fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities [, obligations, reserves and equities] and residual equities or balances, and changes therein, which are segregated [for the purpose of carrying] to carry on specific activities or [attaining] attain certain objectives in accordance with special regulations, restrictions or limitations.
Sec. 11. NRS 353.307 is hereby amended to read as follows:
353.307 Fund balance means [:
1. In the case of a fund not subject to budgetary accounting,] the excess of [its] assets over [the sum of its liabilities and reserves.
2. In the case of a fund subject to budgetary accounting, the excess of the sum of its assets and estimated revenues for the remainder of the fiscal period over the sum of its liabilities, reserves and appropriations for the remainder of the fiscal period.] liabilities in a governmental fund.
κ1987 Statutes of Nevada, Page 624 (CHAPTER 291, AB 595)κ
Sec. 12. NRS 353.3087 is hereby amended to read as follows:
353.3087 Liability means a debt or other legal obligation arising out of a transaction in the past which must be liquidated, renewed [,] or refunded at some future date.
Sec. 13. NRS 353.311 is hereby amended to read as follows:
353.311 Revenue means the gross increase in ownership equity during a designated period . [of time, and designates additions to assets which do not increase any liability, nor represent the recovery of an expenditure, and the cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.] If the accounts are kept on an accrual basis, the term designates:
1. Additions to assets which do not increase any liability or represent the recovery of an expenditure or contributions of fund capital in proprietary funds; and
2. The cancellation of liabilities without a corresponding increase in other liabilities or a decrease in assets.
If the accounts are kept on the modified accrual basis, the additions must be measurable and available to finance expenditures of the fiscal period.
Sec. 14. NRS 353.321 is hereby amended to read as follows:
353.321 1. The state controller shall report each fund and [group of accounts] account group in one of the following categories for purposes of annual financial statements:
(a) State general fund;
(b) Special revenue funds;
(c) Funds for the construction of capital projects;
(d) Internal service funds;
(e) Enterprise funds;
(f) [Trust and agency funds;] Fiduciary funds;
(g) Debt service funds;
(h) General long-term debt [group of accounts;] account group; or
(i) General fixed assets [group of accounts.] account group.
2. All resources and financial transactions of the state government must be accounted for within a fund or [group of accounts.] account group. The state controller shall assign each existing fund and [group of accounts] account group which is created by statute to the proper category unless the category is designated by statute.
Sec. 15. NRS 353.323 is hereby amended to read as follows:
353.323 1. Governmental funds must be used as a means of accounting for segregations of financial resources by focusing upon a determination of financial position and changes in financial position rather than upon a determination of net income.
2. The state general fund is hereby created and must be used to receive all revenues and account for all expenditures not otherwise provided [for] by law to be accounted for in any other fund.
[2. A special revenue fund]
3. Governmental funds include:
κ1987 Statutes of Nevada, Page 625 (CHAPTER 291, AB 595)κ
(a) The state general fund.
(b) Special revenue funds, which must be used to account for revenues [the expenditure of which is restricted by law to a specific purpose] from specific sources, other than expendable trusts and revenues for major capital projects, that are legally restricted to expenditures for specified purposes and not provided for by law in any other fund.
[3.] (c) A fund for construction of capital projects , which must be used to account for [revenues and appropriations the expenditure of which is restricted to constructing a building or other project.
4. An internal service fund] financial resources to be used for the acquisition or construction of major capital facilities, other than those financed by proprietary funds or trust funds.
(d) Debt service funds, which must be used to account for the accumulation of resources and the use of those resources for the retirement of any general long-term debt.
3. Proprietary funds must be used to account for the states ongoing organizations and activities that are similar to those found in nongovernmental entities by focusing upon a determination of net income, financial position and changes in financial position. Proprietary funds include:
(a) Internal service funds, which must be used to account for and finance the self-supporting activities of a service characteristically utilized by [other] departments of state government [.
5. An enterprise fund] or other governments, on a cost-reimbursement basis.
(b) Enterprise funds, which must be used to [finance and account for the acquisition, operation and maintenance of any governmental facility or service which is entirely or predominately self-supported by user charges.
6. An agency or trust fund] account for operations that are financed and conducted in a manner similar to the operations of a private business:
(1) When the intent of the governing body is to have the expenses, including depreciation, of providing goods or services on a continuing basis to the general public, financed or recovered primarily through charges to the users; or
(2) For which the legislature has decided that a periodic determination of revenues earned, expenses incurred and net income is consistent with public policy and is appropriate for maintenance of capital assets, control of organizational and financial management, accountability or similar purposes.
4. Fiduciary funds must be used to account for [resources received and held by an agent for others or by a trustee, to be expended or invested in accordance with the conditions of the agency and trust.
7. A debt service fund must be used to finance and account for the payment of interest and principal on general obligation debt, serial and term, other than that payable exclusively from special assessments or revenue debt issued for and serviced by a governmental enterprise.
κ1987 Statutes of Nevada, Page 626 (CHAPTER 291, AB 595)κ
8.] assets held by the state in trust or as an agent of any person, governmental agency, political subdivision or other fund. Each trust fund must be classified for accounting purposes as a governmental fund or a proprietary fund.
5. Account groups must be used to account for and control the states general fixed assets and general long-term debts, and include:
(a) The general long-term debt [group of accounts] account group, which must be used to account for the principal and interest on all unmatured general obligation bonds [.
9.] and long-term liabilities not required to be accounted for in a specific fund; and
(b) The general fixed assets [group of accounts] account group, which must be used to account for all fixed assets except those [carried in internal service funds, trust and agency funds and enterprise] accounted for in proprietary funds or trust funds.
Sec. 16. NRS 353.297 and 353.309 are hereby repealed.
________
Assembly Bill No. 196Committee on Natural Resources, Agriculture and Mining
CHAPTER 292
AN ACT relating to watercraft; prohibiting the operation of a vessel under power or sail while under the influence of alcohol or a controlled substance; providing for implied consent to testing for the presence of alcohol or controlled substances in an operators blood; providing presumptions for the alcoholic content of an operators blood; providing a penalty; and providing other matters properly relating thereto.
[Approved June 4, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor; or
(b) Has 0.10 percent or more by weight of alcohol in his blood,
to operate or be in actual physical control of a vessel under power or sail on the waters of this state.
2. It is unlawful for any person who:
(a) Is under the influence of any controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
κ1987 Statutes of Nevada, Page 627 (CHAPTER 292, AB 196)κ
degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,
to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.
Sec. 3. 1. To determine whether a person operating or exercising actual and physical control of a vessel under power or sail is under the influence of intoxicating liquor, the amount of alcohol in his blood at the time of the test as shown by chemical analysis of his blood, breath or urine gives rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in his blood, that at the time of the alleged violation the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time 0.10 percent or more by weight of alcohol in his blood, that at the time of the alleged violation he was under the influence of intoxicating liquor.
If there was at that time more than 0.05 but less than 0.10 percent by weight of alcohol in his blood, no presumption may be made, but this fact may be considered with other competent evidence in determining whether he was under the influence of intoxicating liquor.
2. The provisions of subsection 1 do not limit the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor.
Sec. 4. 1. Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
2. If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
3. The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.
4. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.
5. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
κ1987 Statutes of Nevada, Page 628 (CHAPTER 292, AB 196)κ
from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.
Sec. 5. 1. A court may not exclude evidence of a failure to submit to such a test if the peace officer or other person substantially complied with the provisions of section 4 of this act.
2. If a person submits to such a test, full information concerning that test must be made available, upon his request, to him or his attorney.
3. Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the testing device was certified, calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS 484.3882, 484.3884 and 484.3886.
4. If the testing device has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to subsection 1 of NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a persons breath to determine the percent by weight of alcohol in the persons blood.
5. A court shall take judicial notice of the certification by the director of the department of motor vehicles and public safety of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a persons blood has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886, it is presumed that the person operated the device properly.
6. This section does not preclude the admission of evidence of a test of a persons breath, blood or urine where the:
(a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.
(b) Test has been performed by a person other than one who is certified by the director of the department of motor vehicles and public safety.
Sec. 6. 1. A person arrested for operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance in his blood.
2. The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.
3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by section 4 of this act.
Sec. 7. 1. The results of any blood test administered under the provisions of section 4 of this act are not admissible in any criminal action arising out of the acts alleged to have been committed while a person was under the influence of intoxicating liquor or a controlled substance unless:
(a) The blood tested was withdrawn by a physician, registered nurse, licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
κ1987 Statutes of Nevada, Page 629 (CHAPTER 292, AB 196)κ
licensed practical nurse, emergency medical technician or a technician, technologist or assistant employed in a medical laboratory;
(b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma; and
(c) The person who withdrew the blood was authorized to do so by the appropriate licensing or certifying agency.
2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance.
3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a peace officer or the person to be tested to administer the test.
Sec. 8. If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a persons breath, blood or urine to determine the percentage by weight of alcohol in his blood; and
2. The manufacturer certifies or the technician makes an affidavit that the solution or gas has the chemical composition that is specified by the manufacturer of such a device as necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 9. 1. Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a vessel under power or sail on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and amount of alcohol.
2. The findings of the examinations are a matter of public record and must be reported to the commission by the coroner or other public officer within 30 days after the death.
3. Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.
________
κ1987 Statutes of Nevada, Page 630κ
Assembly Bill No. 559Committee on Judiciary
CHAPTER 293
AN ACT relating to the office of court administrator; requiring the court administrator to compile statistics from the information maintained by the clerks of the district courts on cases filed in the district courts; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.360 is hereby amended to read as follows:
1.360 Under the direction of the supreme court, the court administrator shall:
1. Examine the administrative procedures employed in the offices of the judges, clerks, court reporters and employees of all courts of this state and make recommendations, through the chief justice, for the improvement of [such] those procedures;
2. Examine the condition of the dockets of the courts and determine the need for assistance by any court;
3. Make recommendations to and carry out the directions of the chief justice relating to the assignment of district judges where district courts are in need of assistance;
4. Develop a uniform system for collecting and compiling statistics and other data regarding the operation of the state court system and transmit [such] that information to the supreme court so that proper action may be taken in respect thereto;
5. Prepare and submit a budget of state appropriations necessary for the maintenance and operation of the state court system and make recommendations in respect thereto;
6. Develop procedures for accounting, internal auditing, procurement and disbursement for the state court system;
7. Collect statistical and other data and make reports relating to the expenditure of all public [moneys] money for the maintenance and operation of the state court system and the offices connected therewith;
8. Compile statistics from the information required to be maintained by the clerks of the district courts pursuant to NRS 3.275 and make reports as to the cases filed in the district courts;
9. Formulate and submit to the supreme court recommendations of policies or proposed legislation for the improvement of the state court system; and
[9.] 10. Attend to such other matters as may be assigned by the supreme court or prescribed by law.
________
κ1987 Statutes of Nevada, Page 631κ
Assembly Bill No. 312Committee on Taxation
CHAPTER 294
AN ACT relating to local government budgets; making technical corrections; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.560 is hereby amended to read as follows:
354.560 Reserve means, in accounting and reporting of government funds, a portion of the fund [balance] equity which is not appropriable for expenditures or is segregated by law or contract for a specific future use.
Sec. 2. NRS 354.610 is hereby amended to read as follows:
354.610 1. A local government may establish by resolution one or more enterprise funds. The resolution establishing the fund must set forth in detail:
(a) The object or purpose of the fund.
(b) The statutory authorization to conduct the operation.
(c) The source or sources to be used to finance the operation and the statutory authority to levy charges and fees for the operation.
(d) The method for controlling expenses and revenues of the fund.
2. Each enterprise fund must account for all [expenses] charges properly related to the purpose of the fund, including but not limited to debt service, capital outlay and operating expenses. No transfer of equity that may be made available to other funds or functions may be declared in an enterprise fund until after all proper obligations have been charged against the fund.
________
Assembly Bill No. 180Committee on Judiciary
CHAPTER 295
AN ACT relating to the department of transportation; providing a limitation on actions by a contractor of the department of transportation against the department of transportation; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section to read as follows:
An action by a contractor against the department of transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:
κ1987 Statutes of Nevada, Page 632 (CHAPTER 295, AB 180)κ
1. Completion of the contract; or
2. Determination of the engineer or decision of the board of directors of the department of transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the department,
whichever occurs later.
________
Senate Bill No. 431Senator Rhoads
CHAPTER 296
AN ACT relating to pari-mutuel wagering; regulating mule racing in the same manner as horse racing; revising the qualifications for the chairman of the Nevada racing commission; increasing the commissions which a licensee may deduct for conducting pari-mutuel wagering; providing a penalty; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
Those establishments operating or to operate [eight to ten] 8 to 10 games, inclusive, the sum of $6,000.
Those establishments operating or to operate [eleven to sixteen] 11 to 16 games, the sum of $1,000 for each game so operating or to operate.
κ1987 Statutes of Nevada, Page 633 (CHAPTER 296, SB 431)κ
Those establishments operating or to operate more than [sixteen] 16 games, the sum of $1,000 for each game to and including [sixteen] 16 games and the sum of $200 for each game in excess of [sixteen] 16 games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on [horse races held without] races held at a track which uses the pari-mutuel system of wagering located outside of the State of Nevada, or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be deemed a game within the meaning of this section.
3. All licenses must be issued for the calendar year beginning January 1 and expiring December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee prescribed in subsection 1 on or before December 31 for the ensuing calendar year. If the operation is new or has been temporarily closed with the approval of the board, the commission shall prorate the license fee on a monthly basis. If any licensee desires to enlarge his operations during the calendar year, he must, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and is entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, [shall not be construed as a gambling game] are not gambling games under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or a contiguous building [must be construed as] are considered one operation [hereunder] and the license to be paid must be determined on the aggregate number of games in each room or group of rooms in the same or a contiguous building.
6. Except as otherwise provided in this section and NRS 463.386, the amount of the fee specified in subsection 1 must not be prorated.
Sec. 2. NRS 463.383 is hereby amended to read as follows:
463.383 1. In addition to any other state gaming license fees provided for in this chapter, the commission shall, before issuing a state gaming license, charge and collect from each applicant a quarterly license fee to be determined on the basis of the following annual rates:
(a) From establishments operating or to operate [ten] 10 games or less:
Those establishments operating or to operate one game, the sum of $50.
Those establishments operating or to operate two games, the sum of $100.
κ1987 Statutes of Nevada, Page 634 (CHAPTER 296, SB 431)κ
Those establishments operating or to operate three games, the sum of $200.
Those establishments operating or to operate four games, the sum of $375.
Those establishments operating or to operate five games, the sum of $875.
Those establishments operating or to operate six or seven games, the sum of $1,500.
Those establishments operating or to operate [eight to ten games, inclusive,] 8, 9 or 10 games, the sum of $3,000.
(b) From establishments operating or to operate more than [ten] 10 games:
(1) For each game up to and including 16 games, the sum of $500.
(2) For each game from 17 to 26 games, inclusive, the sum of $4,800.
(3) For each game from 27 to 35 games, inclusive, the sum of $2,800.
(4) For each game more than 35 games, the sum of $100.
2. The commission shall charge and collect the fee prescribed in subsection 1, at the rate of one-fourth of the prescribed annual rate for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional games into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on [horse races held without] races held at a track which uses the pari-mutuel system of wagering located outside of the State of Nevada or on sporting events by any system or method of wagering other than the system known as the pari-mutuel method of wagering, shall be deemed a game within the meaning of this section.
5. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, [shall not be construed as a gambling game] are not gambling games under the provisions of this section.
6. All games operated or conducted in one room or a group of rooms in the same or a contiguous building [must be construed as] are considered one operation [hereunder] and the license to be paid must be determined on the aggregate number of games in each room or group of rooms in the same or a contiguous building.
Sec. 3. NRS 464.005 is hereby amended to read as follows:
464.005 As used in this chapter, unless the context otherwise requires:
1. Off-track pari-mutuel wagering means any pari-mutuel system of wagering approved by the Nevada gaming commission for the acceptance of wagers on [horse] races or other sporting events which take place outside of this state.
κ1987 Statutes of Nevada, Page 635 (CHAPTER 296, SB 431)κ
wagering approved by the Nevada gaming commission for the acceptance of wagers on [horse] races or other sporting events which take place outside of this state.
2. Pari-mutuel system of wagering means any system whereby wagers with respect to the outcome of a [horse] race or other sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against the operator. The term includes off-track pari-mutuel wagering.
Sec. 4. NRS 464.040 is hereby amended to read as follows:
464.040 1. The total commission deducted from pari-mutuel wagering by any licensee licensed under the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license. In the case of off-track pari-mutuel wagering, the total commission may be divided between the licensee and persons licensed or approved by that state to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon, but any such division must first be approved by the Nevada gaming commission.
2. Except as provided in NRS 464.045 for pari-mutuel wagering on [horse racing and dog] racing, each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any racing or sporting event.
3. The licensee may deduct odd cents less than 10 cents per dollar in paying bets.
4. Except as provided in NRS 464.045 for pari-mutuel wagering on [horse racing and dog] racing, the amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasurer for deposit in the state general fund.
5. Any person failing to pay the tax imposed by this section at the time required shall pay, in addition to the tax, a penalty of not less than $50 or 25 percent of the amount due, whichever is greater, but not to exceed $1,000. This penalty must be collected as are other charges, fees and penalties under this chapter and chapter 463 of NRS.
Sec. 5. NRS 464.045 is hereby amended to read as follows:
464.045 1. The provisions of subsections 2 and 4 of NRS 464.040 do not apply to persons licensed for the conduct of pari-mutuel wagering on [horse racing or dog] racing.
2. A licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering on [horse racing or dog] racing shall include within gross revenue, for the purpose of determining the amount of the state license fee imposed by NRS 463.370, the total commission deducted from off-track pari-mutuel wagering before it is divided in any manner.
κ1987 Statutes of Nevada, Page 636 (CHAPTER 296, SB 431)κ
Sec. 6. NRS 466.020 is hereby amended to read as follows:
466.020 As used in this chapter, unless the context otherwise requires [, commission] :
1. Commission means the Nevada racing commission.
2. Horse means any equine, including a mule.
Sec. 7. NRS 466.040 is hereby amended to read as follows:
466.040 1. The governor shall appoint five members who are:
(a) Residents of Nevada; and
(b) Citizens of the United States.
2. The governor shall designate a member to serve as chairman. The chairman must be a resident of a county where a race meeting was conducted within the year immediately preceding his designation as chairman.
3. Not more than three of the members may be of the same political party.
4. A person is not eligible for appointment if he:
(a) Holds any official relation to any association or corporation engaged in or conducting racing within the State of Nevada;
(b) Holds stock or bonds therein; or
(c) Has any pecuniary interest therein.
5. The governor may remove any member of the commission for inefficiency, neglect of duty or misconduct in office.
Sec. 8. NRS 466.125 is hereby amended to read as follows:
466.125 1. Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the state a tax at the rate of 2 percent on all pari-mutuel money handled on horse or mule races and 4 percent on all pari-mutuel money handled on greyhound races during the race meeting.
2. State fair associations, agricultural societies, county fair and recreation boards [and] , county agricultural associations and nonprofit organizations formed to conduct race meetings shall pay 1 percent of the pari-mutuel money handled during race meetings.
3. Each licensee conducting racing with pari-mutuel wagering, except a state fair association, agricultural society, county fair and recreation board [,] or other association to which state or county aid is given, shall distribute [no] not less than 8 percent of all pari-mutuel money handled on horse or mule races as purses to the owners of the horses or mules winning those races.
Sec. 9. NRS 466.151 is hereby amended to read as follows:
466.151 1. The commissions deducted by any licensee from pari-mutuel wagering on racing [shall] must not exceed [18] 20 percent of the gross amount of money handled in each pari-mutuel pool operated by [such] the licensee during the period of the license.
2. In addition to the commissions provided for in subsection 1, the licensee may deduct odd cents less than 10 cents per dollar in paying bets.
κ1987 Statutes of Nevada, Page 637 (CHAPTER 296, SB 431)κ
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 747Committee on Judiciary
CHAPTER 297
AN ACT relating to real property; providing for the absolute transferability of real property upon the cancellation or withdrawal of a notice of the pendency of certain actions affecting the property; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 14 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon the withdrawal of a notice of the pendency of an action affecting real property, or upon the recordation of a certified copy of a court order for the cancellation of a notice of the pendency of such an action with the recorder of the county in which the notice was recorded, each person who thereafter acquires an interest in the property as a purchaser, transferee, mortgagee or other encumbrancer for a valuable consideration, except a party to the action who is not designated by a fictitious name at the time of the withdrawal or order of cancellation, shall be deemed to be without knowledge of the action or of any matter, claim or allegation contained therein, irrespective of whether the person has or at any time had actual knowledge of the action or of any matter, claim or allegation contained therein.
2. The purpose of this section is to provide for the absolute and complete transferability of real property after the withdrawal or cancellation of a notice of the pendency of an action affecting the property.
Sec. 2. NRS 14.010 is hereby amended to read as follows:
14.010 1. In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, if affirmative relief is claimed in the answer, shall file with the recorder of the county in which the property, or some part thereof, is situated, a notice of the pendency of the action, containing the names of the parties, the object of the action and a description of the property in that county affected thereby, and the defendant shall also in the notice state the nature and extent of the relief claimed in the answer.
2. A notice of an action affecting real property, which [action] is pending in any United States District Court for the District of Nevada may be recorded and indexed in the same manner and in the same place as provided with respect to actions pending in courts of this state.
κ1987 Statutes of Nevada, Page 638 (CHAPTER 297, AB 747)κ
3. From the time of filing only, except as otherwise provided in section 1 of this act, the pendency of the action is constructive notice to a purchaser or encumbrancer of the property affected thereby . [; and in] In case of the foreclosure of the mortgage, all purchasers or encumbrancers, by unrecorded deed or other instrument in writing made before the filing of the notice, and after the date of the mortgage, shall be deemed purchasers or encumbrancers after the filing of the notice, and subject thereto, unless section 1 of this act is applicable or they can show that at the time of filing the notice the plaintiff had actual notice of the purchase or encumbrance.
Sec. 3. NRS 14.015 is hereby amended to read as follows:
14.015 1. After a notice of pendency of an action has been recorded with the recorder of the county, the defendant or, if affirmative relief is claimed in the answer, the plaintiff, may request that the court hold a hearing on the notice, and such a hearing must be set as soon as is practicable, taking precedence over all other civil matters except a motion for a preliminary injunction.
2. Upon 15 days notice, the party who recorded the notice of pendency of the action must appear at the hearing and, through affidavits and other evidence which the court may permit, establish to the satisfaction of the court that:
(a) The action is for the foreclosure of a mortgage upon the real property described in the notice or affects the title or possession of the real property described in the notice;
(b) The action was not brought in bad faith or for an improper motive;
(c) He will be able to perform any conditions precedent to the relief sought in the action insofar as it affects the title or possession of the real property; and
(d) He would be injured by any transfer of an interest in the property before the action is concluded.
3. In addition to the matters enumerated in subsection 2, the party who recorded the notice must establish to the satisfaction of the court either:
(a) That he is likely to prevail in the action; or
(b) That he has a fair chance of success on the merits in the action and the injury described in paragraph (d) of subsection 2 would be sufficiently serious that the hardship on him in the event of a transfer would be greater than the hardship on the defendant resulting from the notice of pendency,
and that if he prevails he will be entitled to relief affecting the title or possession of the real property.
4. The party opposing the notice of the pendency of an action may submit counter-affidavits and other evidence which the court [may permit.] permits.
5. If the court finds that the party who recorded the notice of pendency of the action has failed to establish any of the matters required by subsection 2, the court shall order the cancellation of the notice of pendency and shall order the party who recorded the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
κ1987 Statutes of Nevada, Page 639 (CHAPTER 297, AB 747)κ
6. If the court finds that the party who recorded the notice of pendency of the action has established the matters required by subsection 2, the party opposing the notice may request the court to determine whether a bond in an amount to be determined by the court would provide adequate security for any damages which the party who recorded the notice might incur if the notice were so canceled and the party opposing the notice did not prevail in the action. If the court determines that a bond would provide adequate security, the party opposing the notice may post a bond or other security in the amount determined by the court. The court shall then order the cancellation of the notice of pendency and shall order the party opposing the notice to record with the recorder of the county a copy of the order of cancellation. The order must state that the cancellation has the same effect as an expungement of the original notice.
[7. If a certified copy of the courts order for cancellation of the notice of pendency of the action is recorded with the recorder of the county in which the notice was recorded, the notice and order shall not be deemed to constitute constructive or actual notice of the action, any matters relating to the action, or any of the matters referred to in the notice or the order, and the order and notice do not create any duty of inquiry on the part of any person thereafter dealing with the property.]
Sec. 4. NRS 39.040 is hereby amended to read as follows:
39.040 Immediately after filing the complaint, the plaintiff shall file with the recorder of the county in which the property is situated, a notice of the pendency of the action, containing the names of the parties so far as known, the object of the action, and a description of the property to be affected thereby. From the time of the filing of the notice, except as otherwise provided in section 1 of this act, it shall be deemed notice to all persons.
________
Senate Bill No. 55Senators Beyer and Horn
CHAPTER 298
AN ACT relating to schools; clarifying the requirement that the proceeds of the tax levied for the payment of interest and redemption of outstanding bonds of a county school district and any interest earned therefrom be credited to the districts debt service fund; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.195 is hereby amended to read as follows:
387.195 1. Each board of county commissioners shall levy a tax of 75 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district.
κ1987 Statutes of Nevada, Page 640 (CHAPTER 298, SB 55)κ
2. In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.
3. The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax must be credited to the countys school district fund.
4. The tax collected pursuant to subsection 2 and any interest earned from the investment of the proceeds of that tax must be credited to the county school districts debt service fund.
Sec. 2. The amendatory provisions of this act do not apply until July 1, 1988, to a county which on and before January 1, 1987, was using the interest earned on the proceeds of the tax for purposes other than for the support of the public schools within the county school district.
________
Senate Bill No. 374Senator Raggio
CHAPTER 299
AN ACT extending the reversion of the appropriation made in 1985 for the Interpretive Center at the Nevada Railroad Museum to facilitate completion of the project; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 193, Statutes of Nevada 1985, at page 652, is hereby amended to read as follows:
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1987,] 1988, 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.
________
κ1987 Statutes of Nevada, Page 641κ
Senate Bill No. 503Senator Jacobsen
CHAPTER 300
AN ACT relating to the department of prisons; requiring interest and income earned on the money in the prison farm fund and the prison industry fund to be credited to those funds; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.187 is hereby amended to read as follows:
209.187 1. The prison farm fund in the sum of $100,000 is hereby created as an enterprise fund to receive all revenues derived from the operation of the prison farm.
2. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the development of the farm program.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 2. NRS 209.189 is hereby amended to read as follows:
209.189 1. The prison industry fund is hereby created as an enterprise fund to receive all revenues derived from programs for vocational training and employment of offenders.
2. Subject to the approval of the state board of examiners, the director may expend money deposited in this fund for the promotion and development of these programs.
3. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
________
Senate Bill No. 127Committee on Commerce and Labor
CHAPTER 301
AN ACT relating to reinsurance; requiring certain reinsurers to hold certificates of authority; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 679A.030 is hereby amended to read as follows:
679A.030 1. An authorized insurer is one [duly] authorized to transact insurance or reinsurance in this state under a subsisting certificate of authority issued by the commissioner.
2. An unauthorized insurer is one not so authorized.
κ1987 Statutes of Nevada, Page 642 (CHAPTER 301, SB 127)κ
Sec. 2. Chapter 680A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, an insurer which is not authorized to transact insurance in this state may not transact reinsurance with a domestic insurer in this state, by mail or otherwise, unless he holds a certificate of authority as a reinsurer in accordance with the provisions of NRS 680A.010 to 680A.150, inclusive, 680A.160 to 680A.290, inclusive, 680A.320 and 680A.330.
2. To qualify for authority only to transact reinsurance, an insurer must meet the same requirements for capital and surplus as are imposed on an insurer which is authorized to transact insurance in this state.
3. This section does not apply to the joint reinsurance of title insurance risks or to reciprocal insurance authorized pursuant to chapter 694B of NRS.
Sec. 3. NRS 680A.070 is hereby amended to read as follows:
680A.070 A certificate of authority is not required of an insurer with respect to any of the following:
1. Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state.
2. Except as provided in subsection 2 of NRS 680A.060, transactions thereunder after issuance of a policy covering only subjects of insurance that are not resident, located or expressly to be performed in this state at the time of issuance, and lawfully solicited, written and delivered outside this state.
3. Prosecution or defense of suits at law, except that no insurer unlawfully transacting insurance in this state without a certificate of authority may institute or maintain, other than defend, any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until the insurer , [or] assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the [duly constituted] receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS.
4. Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS.
5. A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.
6. Reinsurance, except as to a domestic reinsurer [.] or the reinsurance of a domestic insurer, unless the reinsurance is authorized pursuant to subsection 1 of NRS 681A.110.
7. Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.
κ1987 Statutes of Nevada, Page 643 (CHAPTER 301, SB 127)κ
insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.
8. The issuance of annuities by an affiliate of an authorized insurer if the affiliate:
(a) Is approved by the commissioner;
(b) Is organized as a nonprofit educational corporation;
(c) Issues annuities only to nonprofit institutions of education and research; and
(d) Reports and pays any premium tax on the annuities required pursuant to chapter 680B of NRS.
Sec. 4. NRS 680A.180 is hereby amended to read as follows:
680A.180 1. A certificate of authority [shall continue] continues in force as long as the insurer is entitled thereto under this code, and until suspended or revoked by the commissioner or terminated at the insurers request, [subject, however, to continuance of the certificate by the insurer each year by:
(a) Payment] if, each year, the insurer:
(a) Pays on or before March 1 [of] the continuation fee provided in NRS 680B.010 [(fee schedule);
(b) Due filing by the insurer of] ;
(b) Files its annual statement for the next preceding calendar year as required by NRS 680A.270; and
(c) [Payment by the insurer of] Pays, if required, the premium taxes [with respect to] for the preceding calendar year.
2. If not so continued by the insurer, its certificate of authority [shall expire] expires at midnight on the May 31 next following such failure of the insurer to continue it in force, unless earlier revoked for failure to pay taxes as provided in NRS 680A.190. The commissioner shall promptly notify the insurer of the occurrence of any failure resulting in the impending expiration of its certificate of authority.
3. The commissioner may, [in his discretion,] upon the insurers request made within 3 months after expiration, reinstate a certificate of authority which the insurer has inadvertently permitted to expire, after the insurer has fully cured all its failures which resulted in the expiration, and upon payment by the insurer of the fee for reinstatement specified in paragraph [(b)] (c) of subsection 1 of NRS 680B.010 . [(fee schedule).] Otherwise the insurer [shall] may be granted another certificate of authority only after filing an application therefor and meeting all other requirements for an original certificate of authority in this state.
Sec. 5. NRS 680A.190 is hereby amended to read as follows:
680A.190 1. The commissioner shall refuse to continue or shall suspend or revoke an insurers certificate of authority:
(a) If such action is required by any provision of this code;
(b) If it is a foreign insurer and it no longer meets the requirements for a certificate of authority, on account of deficiency of capital or surplus or otherwise;
κ1987 Statutes of Nevada, Page 644 (CHAPTER 301, SB 127)κ
certificate of authority, on account of deficiency of capital or surplus or otherwise;
(c) If it is a domestic insurer and it has failed to cure an impairment of capital or surplus within the time allowed therefor by the commissioner under this code or is otherwise no longer qualified for the certificate of authority;
(d) If the insurers certificate of authority to transact insurance therein is suspended or revoked by its state of domicile, or state of entry into the United States of America if an alien insurer;
(e) For failure of the insurer to pay taxes on its premiums [as] if required by this code; or
(f) For failure of the insurer to furnish information to the commissioner relating to medical malpractice insurance issued by the insurer in this state or any other state.
2. Except in case of insolvency , [or] impairment of required capital or surplus, or suspension or revocation by another state , [as referred to in paragraph (d) of subsection 1,] the commissioner shall give the insurer at least 20 days notice in advance of any such refusal, suspension or revocation under this section, and of the particulars of the reasons therefor. If the insurer requests a hearing thereon within [such] those 20 days, [such request shall automatically stay] the commissioners proposed action is automatically stayed until his order is made [on such] after the hearing.
Sec. 6. Chapter 680B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer who holds a certificate of authority as a reinsurer is exempt from the requirements of NRS 680B.025 to 680B.039, inclusive.
Sec. 7. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application and making related examination........................ $500
(b) Issuance of certificate, and each annual continuation:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive 250
(2) For two or more kinds of insurance as so defined............................. 500
(3) For a reinsurer....................................................................................... 250
(c) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
(d) Registration of additional title pursuant to NRS 680A.240..................... 50
Annual renewal........................................................................................ 25
2. Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document........................................ $10
κ1987 Statutes of Nevada, Page 645 (CHAPTER 301, SB 127)κ
3. Annual statement or report. For filing annual statement or report....... $25
4. Service of process:
(a) Filing of power of attorney.......................................................................... $5
(b) Acceptance of service of process.............................................................. 5
5. Agents licenses, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:
(1) Application and license......................................................................... $45
(2) Appointment by each insurer............................................................... 5
(3) Triennial renewal of each license.......................................................... 45
(4) Temporary license................................................................................... 10
(b) Other nonresident agents:
(1) Application and license......................................................................... 105
(2) Appointment by each insurer............................................................... 25
(3) Triennial renewal of each license.......................................................... 105
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:
(1) Application and license......................................................................... $45
(2) Triennial renewal of each license.......................................................... 45
(b) Other nonresident brokers:
(1) Application and license......................................................................... 225
(2) Triennial renewal of each license.......................................................... 225
(c) Surplus lines brokers:
(1) Application and license......................................................................... 45
(2) Triennial renewal of each license.......................................................... 45
7. Solicitors licenses, appointments and renewals:
(a) Application and license................................................................................ $45
(b) Triennial renewal of each license................................................................ 45
(c) Initial appointment........................................................................................ 5
8. Managing general agents licenses, appointments and renewals:
(a) Resident managing general agents:
(1) Application and license......................................................................... $45
(2) Initial appointment, each insurer.......................................................... 5
(3) Triennial renewal of each license.......................................................... 45
(b) Nonresident managing general agents:
(1) Application and license......................................................................... 105
(2) Initial appointment, each insurer.......................................................... 25
(3) Triennial renewal of each license.......................................................... 105
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license......................................................................... $45
(2) Triennial renewal of each license.......................................................... 45
(b) Associate adjusters:
κ1987 Statutes of Nevada, Page 646 (CHAPTER 301, SB 127)κ
(1) Application and license......................................................................... $45
(2) Initial appointment.................................................................................. 5
(3) Triennial renewal of each license.......................................................... 45
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license................................................................................ $45
(b) Triennial renewal of each license................................................................ 45
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration...................................................................................... $25
(b) Annual renewal............................................................................................. 25
12. Insurance vending machines:
(a) Application and license, for each machine................................................ $45
(b) Triennial renewal of each license................................................................ 45
13. Permit for solicitation for securities:
(a) Application for permit................................................................................... $100
(b) Extension of permit....................................................................................... 50
14. Securities salesmen for domestic insurers:
(a) Application and license................................................................................ $25
(b) Annual renewal of license........................................................................... 15
15. Rating organizations:
(a) Application and license................................................................................ $100
(b) Annual renewal............................................................................................. 100
16. Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:
(a) Resident administrators:
(1) Application and certificate of registration.......................................... $45
(2) Triennial renewal..................................................................................... 45
(b) Nonresident administrators:
(1) Application and certificate of registration.......................................... 105
(2) Triennial renewal..................................................................................... 105
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issue pursuant to the insurance code............................................................................................................ $10
19. For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker............................................... $5
21. Certificate of status as a licensed agent or broker................................. $5
22. Licenses, appointments and renewals for bail agents:
(a) Application and license................................................................................ $45
(b) Initial appointment by each surety insurer............................................... 5
(c) Triennial renewal of each license................................................................ 45
κ1987 Statutes of Nevada, Page 647 (CHAPTER 301, SB 127)κ
23. Licenses and renewals for property bondsmen:
(a) Application and license................................................................................ $45
(b) Triennial renewal of each license................................................................ 45
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license................................................................................ $45
(b) Initial appointment by each insurer............................................................ 5
(c) Triennial renewal of each license................................................................ 45
25. Licenses and renewals for bail solicitors:
(a) Application and license................................................................................ $45
(b) Triennial renewal of each license................................................................ 45
26. Licenses and renewals for title agents and escrow officers:
(a) Resident title agents and escrow officers:
(1) Application and license......................................................................... $45
(2) Triennial renewal of each license.......................................................... 45
(b) Nonresident title agents and escrow officers:
(1) Application and license......................................................................... 105
(2) Triennial renewal of each license.......................................................... 105
(c) Change in name or location of business or in association..................... 10
27. Certificate of authority for a seller of prepaid funeral contracts, for issuance and each annual renewal............................................................................................................ $45
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Resident agents:
(1) Application and license......................................................................... $45
(2) Triennial renewal of each license.......................................................... 45
(b) Nonresident agents:
(1) Application and license......................................................................... 105
(2) Triennial renewal of each license.......................................................... 105
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Resident agents:
(1) Application and license......................................................................... $45
(2) Appointment............................................................................................ 5
(3) Triennial renewal of each license.......................................................... 45
(b) Nonresident agents:
(1) Application and license......................................................................... 105
(2) Triennial renewal of each license.......................................................... 105
30. Surplus lines:
(a) Filing of affidavit pursuant to NRS 685A.050........................................... $25
(b) Filing of memorandum pursuant to NRS 685A.060.................................. 25
(c) Filing of amendment to the memorandum when additional premium is reported 10
31. Cemetery merchandise sellers and cemetery merchandise agents:
(a) Resident agents and sellers:
κ1987 Statutes of Nevada, Page 648 (CHAPTER 301, SB 127)κ
(1) Application and certificate or license.................................................. $45
(2) Triennial renewal..................................................................................... 45
(b) Nonresident agents and sellers:
(1) Application and certificate or license.................................................. 105
(2) Triennial renewal..................................................................................... 105
32. Required filing of forms:
(a) For rates and policies.................................................................................... $25
(b) For riders and endorsements....................................................................... 10
Sec. 8. NRS 681A.110 is hereby amended to read as follows:
681A.110 1. An insurer may reinsure all or any part of an individual risk or of a particular class of risks in any other insurer or, with the approval of the commissioner, all its risks in an authorized insurer, or may accept such reinsurance from any other insurer . [, but no] No domestic insurer may [so] reinsure with an [unauthorized insurer unless:
(a) The unauthorized insurer is authorized to transact insurance in another state conforming to the same standards of solvency as would be required of it if, at the time such reinsurance is effected, it were so authorized in this state;
(b) In the case of a group of individual, unincorporated alien insurers, it has assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000, and is authorized to transact insurance in at least one state; or
(c) It] insurer which is not authorized to transact insurance or reinsurance unless it has the commissioners written approval in advance. With the commissioners approval, a domestic insurer may reinsure all or substantially all its risks [in any other insurer, or similarly reinsure the risks of any other insurer,] as provided in NRS 693A.370 . [(bulk reinsurance).]
2. No credit may be taken for the reserve or unearned premium liability on account of any such reinsurance unless:
(a) The insurer accepting the reinsurance is authorized to transact insurance in this state or in another state conforming to the same standards of solvency as would be required of it if, at the time such reinsurance is effected, it were so authorized in this state; or
(b) In the case of a group of individual, unincorporated alien insurers, it has assets held in trust for the benefit of its United States policyholders in a sum not less than $50,000,000 and is authorized to transact insurance in at least one state.
3. Credit must be allowed as an asset or as a deduction from liability to any ceding insurer for reinsurance lawfully ceded to an assuming insurer qualified therefor under subsection 2, but no such credit may be allowed unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding insurer under the contracts reinsured without diminution because of the insolvency of the ceding insurer.
4. Upon request of the commissioner an insurer shall promptly inform him in writing of the cancellation or any other material change in any of its reinsurance treaties or arrangements.
κ1987 Statutes of Nevada, Page 649 (CHAPTER 301, SB 127)κ
5. This section does not apply to wet marine and transportation insurance.
Sec. 9. NRS 695A.280 is hereby amended to read as follows:
695A.280 1. A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, [having the power to make such reinsurance and] authorized to [do business] provide reinsurance in this state, or if not so authorized, one which is approved in writing by the commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner.
2. A society may take credit for the reserves on such ceded risks to the extent reinsured, but no credit [shall] may be allowed as an admitted asset or as a deduction from liability to a ceding society for reinsurance made, ceded, renewed [,] or otherwise becoming effective after July 1, 1963, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.
Sec. 10. Any agreement entered into before July 1, 1987, for reinsurance of the risks of a domestic insurer is exempt from the provisions of this act. An insurer is not required to hold a certificate of authority as a reinsurer unless it enters into a contract on or after July 1, 1987, to provide reinsurance.
Sec. 11. Sections 3 and 7 of this act become effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 416Committee on Judiciary
CHAPTER 302
AN ACT relating to service of process; increasing certain fees charged by a sheriff or constable; and providing other matters properly relating thereto.
[Approved June 5, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may charge and collect the following fees:
κ1987 Statutes of Nevada, Page 650 (CHAPTER 302, SB 416)κ
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant................................................................................ [$5.00] $7.50
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.............. [.50] 1.00
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.
For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking................................................................................... 3.00
For a copy of any writ, process or other paper, when demanded or required by law, for each page.................................................................................... [.50] 1.00
For serving every notice, rule or order.............................................. [5.00] 6.00
For serving a subpena, for each witness summoned...................... [5.00] 6.00
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile...................................................................................................... [.50] 1.00
When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons.......... [5.00] 6.00
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper............................................................................. 4.00
For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate....... 5.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof... 10.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto................................................ 10.00
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile [.50] 1.00 The sheriff may charge and collect [$0.50] $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed [$10.]
κ1987 Statutes of Nevada, Page 651 (CHAPTER 302, SB 416)κ
The sheriff may charge and collect [$0.50] $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed [$10.] $16.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the 5th working day of the month next succeeding the month in which the fees are collected.
Sec. 2. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables are entitled to the following fees for their services:
For serving a summons or other process by which a suit is commenced in civil cases .................................................................................................... $7.50
For summoning a jury before a justice of the peace................................. 4.00
For taking a bond or undertaking................................................................ 2.00
For serving an attachment against the property of a defendant............ 4.00
For serving subpenas, for each witness........................................... [5.00] 6.00
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio....................................................................................... 1.00
For drawing and executing every constables deed, to be paid by the grantee, who must also pay for the acknowledgment thereof........................... 10.00 For each certificate of sale of real property under execution ......................................................................... $2.00
κ1987 Statutes of Nevada, Page 652 (CHAPTER 302, SB 416)κ
For each certificate of sale of real property under execution.................. $2.00
For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons [5.00] 6.00
For all services in an eviction........................................................... [10.00] 15.00
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper............................ 4.00
For each warrant lawfully executed.......................................................... 35.00
For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only.......................................................................................... 1.00
But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only........ 1.00
But mileage may not exceed $16 for any unsuccessful effort to serve such process.
2. A constable is also entitled to receive:
(a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution or writ, to be charged against the defendant, 2 percent thereof.
(c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the 5th working day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
________
κ1987 Statutes of Nevada, Page 653κ
Assembly Bill No. 447Committee on Government Affairs
CHAPTER 303
AN ACT relating to public utilities; revising the provisions requiring a hearing for proposed changes of rates by certain public utilities; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission shall determine whether a hearing must be held when the proposed change by a public utility furnishing telephone service in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $50,000 or 10 percent of the applicants gross revenue, whichever is less.
Sec. 2. NRS 704.100 is hereby amended to read as follows:
704.100 Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095 [:] or section 1 of this act:
1. No changes may be made in any schedule, including schedules of joint rates, or in the rules or regulations affecting any rates or charges, except upon 30 days notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a shorter time within which a reduction may be made.
2. Copies of all new or amended schedules must be filed and posted in the stations and offices of public utilities as required for original schedules.
3. Except as otherwise provided in subsection 4 or in NRS 707.350, the commission shall not consider an application by a public utility if the justification for the new schedule includes any items of expense or rate base which are set forth as justification in a pending application, are the subject of pending litigation, or have been considered and disallowed by the commission or a district court.
4. A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the commissions prior decision.
5. If the commission receives an application that is within the prohibition of subsection 3, it shall, within 30 days, notify the public utility that the application is dismissed.
κ1987 Statutes of Nevada, Page 654 (CHAPTER 303, AB 447)κ
6. The commission shall determine whether a hearing must be held when the proposed change in any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.
7. In making the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.
________
Senate Bill No. 173Senator Raggio
CHAPTER 304
AN ACT relating to perjury; making it unlawful to execute a false instrument or suborn another person to do so under certain circumstances; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.120 is hereby amended to read as follows:
199.120 Every person, having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, who [willfully] :
1. Willfully makes an unqualified statement of that which he does not know to be true [, or who swears] ;
2. Swears or affirms willfully and falsely in a matter material to the issue or point in question [, or who suborns] ;
3. Suborns any other person to make such an unqualified statement or to swear or affirm in such a manner ;
4. Executes an affidavit pursuant to NRS 15.010 which contains a false statement, or suborns any other person to do so; or
5. Executes an affidavit or other instrument which contains a false statement before a person authorized to administer oaths or suborns any other person to do so,
is guilty of perjury or subornation of perjury, as the case may be, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
________
κ1987 Statutes of Nevada, Page 655κ
Assembly Bill No. 253Assemblyman Wendell Williams
CHAPTER 305
AN ACT relating to industrial insurance; allowing any party to appeal a decision of the administrator of the division of industrial insurance regulation of the department of industrial relations; revising certain requirements for reporting and filing with respect to self-insured employers; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.221 is hereby amended to read as follows:
616.221 Any [insurer] party who is aggrieved by a decision of the administrator may appeal that decision directly to the [appeals officer.] district court.
Sec. 2. NRS 616.315 is hereby amended to read as follows:
616.315 1. [Any employer of labor] An employer in this state having in his employment any employee excluded from the benefits of this chapter under NRS 616.060 may elect to cover such employees under the provisions of this chapter in the manner provided in this section.
2. The election on the part of the employer must be made by filing with the system , or with the administrator if he is a self-insured employer, a written statement that he accepts the provisions of this chapter which, when filed, operates to subject him to the provisions of this chapter [and of all acts amendatory thereof,] until the employer files in the office of the system , or of the administrator if he is a self-insured employer, a notice in writing that he withdraws his election.
3. [Any] An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of this chapter if, at the time of the accident for which compensation is claimed:
(a) The employer charged with liability is subject to the provisions of this chapter, whether the employee has actual notice thereof or not; and
(b) The employee has not given to his employer and to the system notice in writing that he elects to reject the provisions of this chapter.
4. [Any] An employee who has rejected the provisions of this chapter may at any time thereafter elect to waive the rejection by giving notice in writing to his employer and to the system which becomes effective when filed with the system.
Sec. 3. NRS 617.220 is hereby amended to read as follows:
617.220 Employers whose employees are excluded by NRS 617.080 [,] may elect to cover such employees under the provisions of this chapter by notifying the insurer and the administrator in writing . [in the manner prescribed in subsection 2 of NRS 616.315.] The notification subjects an employer to the provisions of this chapter until he submits to the insurer and the administrator a notice in writing that he withdraws his election.
________
κ1987 Statutes of Nevada, Page 656κ
Assembly Bill No. 601Committee on Transportation
CHAPTER 306
AN ACT relating to traffic laws; removing the state prohibition against violating the national speed limit upon invalidation of the national limit; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.473 is hereby amended to read as follows:
483.473 1. As used in this section, traffic violation means conviction of a moving traffic violation in any municipal court, justices court or district court in this state. The term includes a finding by a juvenile court that a child has violated a traffic law or ordinance other than one governing standing or parking.
2. The department shall establish a uniform system of demerit points for various traffic violations occurring within this state affecting any holder of a drivers license issued by the department. The system must be based on the accumulation of demerits during a period of 12 months.
3. The system must be uniform in its operation and the department shall set up a schedule of demerits for each traffic violation, [except as provided in subsection 4,] depending upon the gravity of the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. If a conviction of two or more traffic violations committed on a single occasion is obtained, points must be assessed for one offense, and if the point values differ, points must be assessed for the offense having the greater point value. Details of the violation must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
[4. A violation of the national maximum speed limit specified in 23 U.S.C. § 154 but not exceeding 70 miles per hour must not be charged against a driver in the system of demerits established under this section if the violation does not violate any other speed limit imposed by or pursuant to chapter 484 of NRS.]
Sec. 2. NRS 484.361 is hereby amended to read as follows:
484.361 It is unlawful for any person to drive or operate a vehicle of any kind or character at:
1. A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway.
2. Such a rate of speed as to endanger the life, limb or property of any person.
3. A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.
κ1987 Statutes of Nevada, Page 657 (CHAPTER 306, AB 601)κ
[4. A rate of speed greater than the national maximum speed limit specified in section 114 of P.L. 93-643 (23 U.S.C. § 154).]
Sec. 3. NRS 484.362 and 690B.027 are hereby repealed.
Sec. 4. This act becomes effective on the date:
1. The provisions of 23 U.S.C. § 154 setting a national maximum speed limit are invalidated by the Supreme Court of the United States;
2. The Supreme Court of the United States affirms the invalidation of those provisions by a lower court; or
3. The time for appealing a decision of a lower court invalidating those provisions expires without an appeal being taken.
________
Assembly Bill No. 275Committee on Ways and Means
CHAPTER 307
AN ACT making an appropriation to the legislative fund for improvements to the legislative building and surrounding grounds; and providing other matters properly relating thereto.
[Approved June 6, 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 $298,014 for improvements to the legislative building and surrounding grounds.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 502Committee on Government Affairs
CHAPTER 308
AN ACT relating to state employees; authorizing a leave of absence without pay for any person in the classified service who accepts a position in the legislative branch; providing for the payment of benefits earned by such a person; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.360 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 658 (CHAPTER 308, SB 502)κ
284.360 1. Any person holding a permanent position in the classified service may be granted a leave of absence without pay. Leave of absence may be granted to any person holding a position in the classified service to permit acceptance of an appointive position in the unclassified service [.] or a position in the legislative branch.
2. If a person is granted a leave of absence without pay to permit acceptance of an appointive position in the unclassified service or a position in the legislative branch, any benefits earned while he is in the:
(a) Classified service are retained and must be paid by the employer in the classified service, whether or not the person returns to the classified service.
(b) Unclassified service or employed by the legislative branch are retained and must be paid by the appointing authority in the unclassified service or by the legislative branch, if he does not return to the classified service, or by the employer in the classified service, if he returns to the classified service.
3. Any person in the unclassified service, except members of the academic staff of the University of Nevada System, may be granted by the appointing authority a leave of absence without pay for a period not to exceed 6 months.
[3.] 4. Officers and members of the faculty of the University of Nevada System may be granted leaves of absence without pay as provided by the [rules and] regulations prescribed pursuant to subsection 2 of NRS 284.345.
________
Assembly Bill No. 139Committee on Government Affairs
CHAPTER 309
AN ACT relating to planning the use of land; revising the provisions relating to the approval of tentative and final maps; altering the procedure for abandoning public streets and easements; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body may, by ordinance, authorize the planning commission to act finally on a tentative map and a final map. Any person aggrieved by the commissions action may, within 7 days after the issuance of the decision, appeal the commissions decision to the governing body.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
κ1987 Statutes of Nevada, Page 659 (CHAPTER 309, AB 139)κ
2. The subdivider shall file copies of such map with the planning commission, or with the clerk of the governing body if there is no planning commission together with a filing fee in an amount determined by the governing body.
3. The commission, the clerk of the governing body or, when permitted by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
5. [If] Except as otherwise provided by subsection 6, if there is a planning commission it shall, within 45 days after receiving a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to act finally on a tentative map, the planning commission shall, within 45 days after receiving a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. It shall file its written decision with the governing body.
Sec. 4. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body , if it has not authorized the planning commission to act finally, shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed with it pursuant to NRS 278.330 within 30 days after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filed with the governing body.
3. The governing body , or planning commission if it is authorized to act finally on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) Availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;
(c) Availability and accessibility of utilities;
(d) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;
(e) General conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
κ1987 Statutes of Nevada, Page 660 (CHAPTER 309, AB 139)κ
(h) Physical land characteristics such as flood plain, slope, soil; and
(i) Recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and 278.335.
4. When the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice must include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan.
5. The governing body or planning commission shall not approve a tentative map if the taxes are delinquent on any of the land to be subdivided. The subdivider shall prove that no tax is delinquent by submitting to the governing body or planning commission a certificate of the county treasurer to this effect.
6. The governing body or planning commission shall, by a majority vote of the members present, make a final disposition of the tentative map. Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 5. NRS 278.350 is hereby amended to read as follows:
278.350 Unless a longer time is provided pursuant to NRS 278.0201:
1. The time limit for acting and reporting on a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.
2. If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, a tentative map as filed shall be deemed to be approved, and the clerk of the governing body , or the planning commission if it has been authorized to act finally, shall certify the map as approved.
Sec. 6. NRS 278.360 is hereby amended to read as follows:
278.360 Unless a longer time is provided pursuant to NRS 278.0201:
1. Unless the time is extended, the subdivider shall present to the governing body , or planning commission if it has been authorized to act finally, a final map, prepared in accordance with the tentative map, for the entire area for which a tentative map has been approved, or one of a series of final maps, each covering a portion of the approved tentative map, within 1 year or within successive 1-year periods after the date of approval of the tentative map . [by the governing body.]
2. If the subdivider fails to record a final map for any portion of the tentative map within 1 year after the date of approval of the tentative map , [by the governing body,] or within 1 year after the date of approval [by the governing body] of the most recently recorded final map, all proceedings concerning the subdivision are terminated.
3. The governing body or planning commission may grant an extension of not more than 1 year for the presentation of any final map after the 1-year period for presenting the entire final map or next successive final map has expired.
Sec. 7. NRS 278.371 is hereby amended to read as follows:
κ1987 Statutes of Nevada, Page 661 (CHAPTER 309, AB 139)κ
278.371 1. The survey, setting of monuments and final map must be made by a land surveyor registered in the State of Nevada.
2. The final monuments must be set before the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body or planning commission guaranteeing that the subdivider will provide a registered land surveyor to set the monuments on or before a day certain. The governing body or planning commission shall determine the amount of the performance bond, if any is required. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment must be filed and recorded.
3. The final monument must, except as otherwise provided in subsections 6 and 7, consist of a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embedded in the ground, with a minimum diameter of 5/8 of an inch and a length sufficient to resist removal, and a mark for the exact point and stamped RLS followed by the surveyors registration number.
4. Final monuments must be set at:
(a) Each corner of the boundary of the subdivision and at any point necessary to ensure that each monument on a given boundary can be seen from the next monument on that boundary.
(b) Intersections of centerlines of streets.
(c) Sufficient locations along the centerlines of streets so that the centerlines may be retraced. These locations may be at, or on an offset to, an angle to the centerline of a street, the center of a cul-de-sac, a point which defines a curve (the beginning or end of a curve or a point of intersection of a tangent) or an intersection with a boundary of the subdivision.
(d) A position for a corner of the system of rectangular surveys directly relevant to property lines and corners of the subdivision.
The governing body shall, by ordinance, adopt any additional standards for the setting of final monuments which are reasonably necessary.
5. A final monument required in subsection 4 which falls in a paved area must:
(a) Consist of a well with lid placed so that the top of the tablet, disc or cap of the monument is not less than 4 inches below the surface of the payment; or
(b) Be of comparable construction as required by the governing body.
The monument must be set flush with the top of the pavement with such references as are required by the governing body.
6. If a point designated in subsection 4 falls on solid bedrock or on a concrete or stone roadway, curb, gutter or walk, a durable nonferrous metal tablet, disc or cap must be securely anchored in the rock or concrete and marked as required in subsection 3.
7. If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of proposed construction, one or more reference monuments must be set.
κ1987 Statutes of Nevada, Page 662 (CHAPTER 309, AB 139)κ
result of proposed construction, one or more reference monuments must be set. In addition to the physical requirements for a monument set forth in subsections 3 to 6, inclusive, the letters RM and WC must be stamped in the tablet, disc or cap. If only one reference monument is used, it must be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments must be set. These monuments shall be deemed final monuments.
8. A corner of a lot must be set by the land surveyor in the manner approved by the governing body.
Sec. 8. NRS 278.378 is hereby amended to read as follows:
278.378 1. A final map presented to the county recorder for filing must include a certificate by the clerk of the governing body or planning commission stating that [the body] it approved the map and accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication.
2. The director of planning or, if there is no director of planning, the clerk of the governing body shall certify on the final map that it substantially complies with the tentative map and all conditions have been met.
3. The clerk of the governing body or planning commission shall cause the approved final map to be presented to the county recorder for filing.
Sec. 9. NRS 278.380 is hereby amended to read as follows:
278.380 1. Upon receipt of the final map, the governing body or planning commission shall, at its next meeting, or within a period of not more than 10 days after the map is filed with the governing body [,] or planning commission, approve the map if it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the final map, or any rulings made thereunder.
2. The governing body or planning commission shall at that time also accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the subdivider improve or agree to improve the streets or easements.
3. If an agreement for a required improvement is entered into, the governing body or planning commission may require that the agreement be secured by a good and sufficient bond or other security in the amount determined by the governing body [.] or planning commission.
Sec. 10. NRS 278.385 is hereby amended to read as follows:
278.385 The governing body or planning commission shall not approve any final map for a subdivision served by a public water system which it receives after May 15, 1977, unless the subdivider has submitted plans which provide for the installation of water meters or other devices which will measure water delivered to each water user in the subdivision.
Sec. 11. NRS 278.390 is hereby amended to read as follows:
278.390 Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use .
κ1987 Statutes of Nevada, Page 663 (CHAPTER 309, AB 139)κ
resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use . [, which acceptance shall] Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision plot.
Secs. 12-15. (Deleted by amendment.)
Sec. 16. NRS 278.480 is hereby amended to read as follows:
278.480 1. Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof [shall] must file a petition in writing with the planning commission or, if there is no planning commission, with the governing body having jurisdiction.
2. If there is a planning commission, [the governing body shall refer the petition to the planning commission, which] it shall report [thereon] on the petition to the governing body as set forth in NRS 278.240.
3. Whenever any street or easement is proposed to be vacated, the governing body shall notify by certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which [date may] must be not less than 10 days and not more than 40 days [subsequent to] after the date the notice is first published.
4. Except as provided in subsection 5, if, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make the order conditional, and the order [shall become] becomes effective only upon the fulfillment of the conditions prescribed.
5. If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.
6. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body [so] sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.
7. If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner.
κ1987 Statutes of Nevada, Page 664 (CHAPTER 309, AB 139)κ
If the street was not acquired by dedication, the governing body may make its order conditional upon payment by the abutting property owners for their proportionate part of the street of such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.
8. Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.
9. In any vacation or abandonment of any street or portion of it, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body [may deem] deems desirable for the use of the city or of any public utility.
Secs. 17-19. (Deleted by amendment.)
Sec. 20. NRS 278A.450 is hereby amended to read as follows:
278A.450 1. The ordinance enacted pursuant to this chapter must designate the form of the application for tentative approval, the fee for filing the application and the official of the city or county with whom the application is to be filed.
2. The application for tentative approval [must] may include a tentative map. [Tentative] If a tentative map is included, tentative approval may not be granted pursuant to NRS 278A.490 until the tentative map has been submitted for review and comment by the agencies specified in NRS 278.335.
Secs. 21 and 22. (Deleted by amendment.)
Sec. 23. Section 2 of chapter 160, Statutes of Nevada 1987, is hereby amended to read as follows:
Sec. 2. NRS 278.390 is hereby amended to read as follows:
278.390 Title to property dedicated or accepted for streets and easements passes when the final map is recorded. If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body or planning commission may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use. Such an acceptance must be recorded in the office of the county recorder and be so noted by the recorder on the subdivision plot [.] , if the county recorder does not maintain a cumulative index for such plots and amendments. If such an index is maintained, the county recorder shall direct an appropriate entry for the amendment.
Sec. 24. This act becomes effective upon passage and approval.
________
κ1987 Statutes of Nevada, Page 665κ
Senate Bill No. 233Committee on Transportation
CHAPTER 310
AN ACT relating to the department of motor vehicles and public safety; expanding the status of commercial officers of the Nevada highway patrol as peace officers; specifying the time in which a criminal justice agency shall report criminal dispositions to the central repository for Nevada records of criminal history; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.180 is hereby amended to read as follows:
481.180 [1.] The duties of the personnel of the Nevada highway patrol are:
[(a)] 1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada. They have the powers of peace officers:
[(1)] (a) When enforcing traffic laws; and
[(2)] (b) With respect to all other laws of this state when:
[(I)] (1) In the apprehension or pursuit of an offender or suspected offender;
[(II)] (2) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
[(III)] (3) Making arrests pursuant to a warrant in the officers possession or communicated to him.
[(b)] 2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence [for the purpose of prosecuting] to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.
[(c)] 3. To enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 485, 486, 487 and 706 of NRS.
[(d)] 4. To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
[(e)] 5. To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
6. To perform such other duties in connection with [the duties] those specified in this section, as may be imposed by the director.
[2. Commercial officers, supervisors and inspectors:
(a) Shall enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 487 and 706 of NRS.
(b) Have the powers of peace officers when carrying out the duties specified in paragraph (a).]
κ1987 Statutes of Nevada, Page 666 (CHAPTER 310, SB 233)κ
Sec. 2. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department of motor vehicles and public safety.
2. Each agency of criminal justice shall submit the records of criminal history it collects to the division in the manner prescribed by the director of the department of motor vehicles and public safety. A report of disposition must be submitted to the division through an electronic network or on a media of magnetic storage within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
3. The division shall:
(a) Collect, maintain and arrange all records of criminal history submitted to it; and
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
4. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
________
Senate Bill No. 169Committee on Finance
CHAPTER 311
AN ACT relating to education; authorizing the state board of education to establish a nonprofit corporation to support educational enhancement and recognition; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. The state board, in the name and on behalf of the system of public schools in this state, may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of money and personal property for awards in recognition of exceptional teachers, pupils and public schools and for special projects regarding educational enhancement, including, but not limited to, any unique educational activity which is conducted by officials of the public schools to improve the educational performance of or learning opportunities for pupils or teachers in the public schools.
κ1987 Statutes of Nevada, Page 667 (CHAPTER 311, SB 169)κ
awards in recognition of exceptional teachers, pupils and public schools and for special projects regarding educational enhancement, including, but not limited to, any unique educational activity which is conducted by officials of the public schools to improve the educational performance of or learning opportunities for pupils or teachers in the public schools.
2. Determine the name of the corporation.
3. Specify that the corporation is formed for charitable and educational purposes, subject to the basic purpose of the corporation as set forth in subsection 1.
4. Specify any incidental powers which the corporation may exercise, including:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of money and personal property, or any combination thereof;
(b) Any of the powers enumerated in NRS 81.310, except that the corporation may not receive or hold real property; and
(c) The power to do all acts as may be necessary, convenient or desirable to carry out the purposes for which the corporation is formed.
5. Provide for:
(a) The location and relocation of the office of the corporation;
(b) Upon the dissolution of the corporation and the liquidation of its obligations, the distribution of its assets to the system of public schools in this state;
(c) The perpetual existence of the corporation;
(d) The governing body of the corporation and the appointment and reappointment of members thereto; and
(e) The adoption of the bylaws for the corporation and any amendments thereto.
The provisions of NRS 81.312 do not apply to a corporation formed pursuant to this section.
Sec. 3. 1. The nonprofit corporation, upon its formation, is:
(a) A body corporate and politic; and
(b) A political subdivision of this state.
2. The activities of this corporation are hereby determined to be public in nature.
Sec. 4. Any income of the nonprofit corporation may not inure to any member thereof or to any other natural person or partnership or corporation, excluding any payment of the expenses of the corporation for its operation and maintenance and any other obligations based on contract or tort.
Sec. 5. NRS 385.095 is hereby amended to read as follows:
385.095 Except as otherwise provided in section 2 of this act:
1. All gifts of money which the state board [of education] is authorized to accept must be deposited in a permanent trust fund in the state treasury designated as the education gift fund.
2. The money available in the education gift fund must be used only for the purpose specified by the donor, within the scope of the state boards powers and duties, and no expenditure may be made until approved by the legislature in an authorized expenditure act.
κ1987 Statutes of Nevada, Page 668 (CHAPTER 311, SB 169)κ
powers and duties, and no expenditure may be made until approved by the legislature in an authorized expenditure act.
3. If all or part of the money accepted by the state board from a donor is not expended before the end of any fiscal year, the remaining balance of the amount donated must remain in the education gift fund until needed for the purpose specified by the donor.
________
Senate Bill No. 232Committee on Transportation
CHAPTER 312
AN ACT relating to motor vehicles; revising provisions concerning the financial ability of short-term lessors of vehicles to respond to damages; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.295 is hereby amended to read as follows:
482.295 [1.] The department shall not register a vehicle intended to be leased by a short-term lessor until the owner [shall demonstrate] demonstrates to the department his financial ability to respond to damages [as follows:
(a) By carrying insurance in an insurance company or companies approved by the insurance commissioner of this state as provided in subsection 2 and NRS 482.305;
(b) By filing with the department a surety bond in the principal sum of $100,000 with an admitted insurer as surety for the protection of the lessee of the vehicle; or
(c) By making and thereafter continuously maintaining on deposit in this state through the director, cash or securities such as may be legally purchased by savings banks or for trust funds, of a fair market value of not less than $100,000 for the protection of the lessee of the vehicle.
2. If the owners demonstration of financial ability is pursuant to paragraph (a) of subsection 1, it shall be as follows:
(a) If he apply for registration of one motor vehicle, insurance in the sum of at least $15,000 for any person injured or killed and in the sum of $30,000 for any number more than one injured or killed in any one accident.
(b) If he apply for the registration of more than one motor vehicle, then the insurance in the foregoing sums for one motor vehicle and $5,000 additional for each motor vehicle in excess of one.
3. In any case, the owners demonstration of financial ability is sufficient if he carries insurance or provides a surety bond or deposits cash or securities in the sum of $100,000 for any number of motor vehicles.] by:
κ1987 Statutes of Nevada, Page 669 (CHAPTER 312, SB 232)κ
1. Providing proof of financial responsibility as that term is defined in NRS 485.105; or
2. Qualifying as a self-insurer pursuant to NRS 485.380.
Sec. 2. NRS 482.305 is hereby amended to read as follows:
482.305 1. The short-term lessor of a motor vehicle who permits the short-term lessee to operate the vehicle upon the highways, and who has not complied with NRS 482.295 insuring or otherwise covering the short-term lessee against liability arising out of his negligence in the operation of [such] the rented vehicle in limits of not less than $15,000 for any one person injured or killed and $30,000 for any number more than one , injured or killed in any one accident, and against liability of the short-term lessee for property damage in the limit of not less than [$5,000] $10,000 for one accident, is jointly and severally liable with the short-term lessee for any damages caused by the negligence of the latter in operating the vehicle and for any damages caused by the negligence of any person operating the vehicle by or with the permission of the short-term lessee, except that the foregoing provisions do not confer any right of action upon any passenger in [any such] the rented vehicle against the short-term lessor. This section does not prevent the introduction as a defense of contributory negligence to the extent to which [such] this defense is allowed in other cases.
2. The policy of insurance, surety bond or deposit of cash or securities inures to the benefit of any person operating the vehicle by or with the permission of the short-term lessee in the same manner , [and] under the same conditions and to the same extent as to the short-term lessee.
3. The insurance policy , [or policies,] surety bond or deposit of cash or securities need not cover any liability incurred by the short-term lessee of any vehicle to any passenger in [such] the vehicle; but the short-term lessor before delivering the vehicle shall give to the short-term lessee a written notice of the fact that such a policy , [or policies,] bond or deposit [do] does not cover the liability which the short-term lessee may incur on account of his negligence in the operation of [such] the vehicle to any passenger in [such] the vehicle.
4. When any suit or action is brought against the short-term lessor under this section, the judge [or court] before whom the case is pending shall [cause] hold a preliminary hearing [to be had] in the absence of the jury [for the purpose of determining] to determine whether the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee [in the limits above mentioned.] as required by subsection 1. Whenever it appears that the short-term lessor has provided insurance or a surety bond or deposit of cash or securities covering the short-term lessee in the [sums above mentioned,] required amount, the judge [or court] shall dismiss as to the short-term lessor the action brought under this section.
________
κ1987 Statutes of Nevada, Page 670κ
Senate Bill No. 297Committee on Human Resources and Facilities
CHAPTER 313
AN ACT relating to pharmacy; providing that certain sanctions against a pharmacist for acts of his employees may be imposed only if the acts were performed with his knowledge; authorizing hospital pharmaceutical technicians to perform certain tasks without direct supervision; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 639.210 is hereby amended to read as follows:
639.210 The board may suspend or revoke any certificate, license, registration or permit issued under the provisions of this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:
1. Is not of good moral character;
2. Is guilty of habitual intemperance;
3. Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board;
4. Is guilty of unprofessional conduct or conduct contrary to the public interest;
5. Is addicted to the use of any controlled substance as defined in chapter 453 of NRS;
6. Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state;
7. Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;
8. Has willfully made to the board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;
9. Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
10. Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
11. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to the practice of pharmacy , or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to the practice of pharmacy committed by a registered pharmacist in his employ;
12. Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor;
κ1987 Statutes of Nevada, Page 671 (CHAPTER 313, SB 297)κ
13. Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;
14. Has, as a managing pharmacist, violated any [provisions] provision of law or regulation concerning recordkeeping or inventory requirements in a store over which he presides , or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision; or
15. Has repeatedly been negligent, [as] which may be evidenced by claims of malpractice settled against him.
Sec. 2. NRS 639.2325 is hereby amended to read as follows:
639.2325 1. [A] The services of a hospital pharmaceutical technician may only be [employed] used in a hospital pharmacy, in accordance with such regulations as may be adopted by the board.
2. [A] The services of a hospital pharmaceutical technician must not be [employed] used in:
(a) The section of a hospital pharmacy which treats outpatients, in any capacity other than clerical; or
(b) Any pharmacy other than a hospital pharmacy.
3. All nonclerical work done by a hospital pharmaceutical technician , as defined in regulations adopted by the board, must be under the direct supervision of a registered pharmacist, who is responsible for all work so performed.
4. A hospital pharmaceutical technician must register biennially with the board and pay the required registration fee.
________
Assembly Bill No. 290Committee on Taxation
CHAPTER 314
AN ACT relating to taxation; revising provisions concerning taxation of agricultural real property; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Converted to a higher use means a physical alteration of the surface of the property enabling it to be used for a higher use.
Sec. 3. Within 30 days after determining that property has been converted to a higher use, the county assessor shall send a written notice of that determination by certified mail, return receipt requested, to each owner of record.
κ1987 Statutes of Nevada, Page 672 (CHAPTER 314, AB 290)κ
that determination by certified mail, return receipt requested, to each owner of record. The notice must contain the taxable and assessed values for the next tax roll and all prior years for which a deferred tax is owed pursuant to NRS 361A.280.
Sec. 4. 1. An owner of property who receives a notice of conversion which is postmarked on or after July 1 and before December 16 may appeal in the manner provided in NRS 361.355:
(a) The determination that the property has been converted to a higher use; and
(b) The valuations for the years described in the notice,
to the board of equalization of the county in which the property is located.
2. An owner who receives a notice of conversion which is postmarked on or after December 16 and before July 1 may appeal:
(a) The determination that the property has been converted to a higher use; or
(b) The valuations for the years described on the notice,
directly to the state board of equalization.
Sec. 5. 1. An owner of property which has received agricultural or open-space use assessment may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.
2. An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner. The current tax rate must be used for any fiscal year for which a tax rate has not been set at the time the estimate is made.
3. An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in section 4 of this act.
Sec. 6. NRS 361A.010 is hereby amended to read as follows:
361A.010 As used in this chapter, the terms defined in NRS 361A.020 to 361A.060, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections except where the context otherwise requires.
Sec. 7. NRS 361A.020 is hereby amended to read as follows:
361A.020 1. Agricultural real property means:
(a) Land [:
(1) Devoted] devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to:
[(I)] (1) Agricultural use; or
[(II)] (2) Activities which prepare the land for agricultural use . [; and
(2) Having a greater value for another use than for agricultural use. For the purposes of this subparagraph, agricultural land devoted to agricultural use has a greater value for another use if its taxable value determined pursuant to NRS 361.227 and 361.260 exceeds its value for agricultural use determined on the basis provided in NRS 361.325.]
κ1987 Statutes of Nevada, Page 673 (CHAPTER 314, AB 290)κ
(b) The improvements on such land which support accepted agricultural practices except any [structures] structure or any portion of a structure used primarily as a human dwelling.
2. The term does not [apply to any] include:
(a) Any land actually covered by a structure used primarily as a human dwelling or necessary to support any such residential use.
(b) Any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.
[2.] 3. As used in this section, accepted agricultural practices means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.
Sec. 8. NRS 361A.020 is hereby amended to read as follows:
361A.020 1. Agricultural real property means:
(a) Land devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to:
(1) Agricultural use; or
(2) Activities which prepare the land for agricultural use.
(b) Land leased by the owner to another person for agricultural use and composed of any lot or parcel which is:
(1) Larger than 7 acres; or
(2) Contiguous to other agricultural real property owned by the lessee.
(c) The improvements on such land which support accepted agricultural practices except any structure or any portion of a structure used primarily as a human dwelling.
2. The term does not include:
(a) Any land actually covered by a structure used primarily as a human dwelling or necessary to support any such residential use.
(b) Any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.
3. As used in this section, accepted agricultural practices means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 361A.040 is hereby amended to read as follows:
361A.040 Open-space real property means:
1. Land:
κ1987 Statutes of Nevada, Page 674 (CHAPTER 314, AB 290)κ
(a) Located within an area classified pursuant to NRS 278.250 and subject to regulations designed to promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; and
(b) Devoted exclusively to open-space use . [; and
(c) Having a greater value for another use than for open-space use.]
2. The improvements on [such] the land used primarily to support the open-space use and not primarily to increase the value of surrounding developed property or secure an immediate monetary return.
Sec. 11. NRS 361A.060 is hereby amended to read as follows:
361A.060 Owner means any person having a legal or equitable freehold estate in agricultural or open-space real property, including a contract vendee of a land sales contract respecting [such property.] the property, but excluding a lessee or tenant of the property.
Sec. 12. NRS 361A.110 is hereby amended to read as follows:
361A.110 1. Any application for agricultural use assessment must be filed on or before the 1st Monday in October of any year:
(a) With the county assessor of each county in which the property is located, if the property contains [five] 20 acres or more.
(b) With the department, if the property contains less than [five] 20 acres.
2. Except as otherwise provided in this subsection, a new application to continue that assessment is required on or before the 1st Monday in October following any change in ownership or conversion to a higher use of any portion of the property. If the property is divided, an owner who retains a portion [of the] qualifying as agricultural real property is not required to file a new application to continue agricultural use assessment on the portion retained unless any part of that portion is converted to a higher use.
3. The application must be made on forms prepared by the department and supplied by the county assessor and must include such information as may be required to determine the entitlement of the applicant to agricultural use assessment. Each application must contain an affidavit or affirmation by the applicant that the statements contained therein are true. The application must prominently contain the printed statement This property may be subject to liens for undetermined amounts.
4. The application may be signed by:
(a) The owner of the agricultural real property, including tenants in common or joint tenants.
(b) Any person, of lawful age, authorized by [a duly] an executed power of attorney to sign an application on behalf of any person described in paragraph (a).
(c) The guardian or conservator of an owner or the executor or administrator of an owners estate.
5. The county assessor shall not approve an application unless the application is signed by each owner of record or his representative as specified in subsection 4. Additional information may be required of the applicant if necessary to evaluate his application.
κ1987 Statutes of Nevada, Page 675 (CHAPTER 314, AB 290)κ
Sec. 13. NRS 361A.120 is hereby amended to read as follows:
361A.120 1. Upon receipt of an application, the county assessor or the department shall make an independent determination of the use of the owners real property. The assessor or the department shall consider the use of the property by its owner or occupant together with any other contiguous agricultural real property that is a part of one agricultural unit being operated by the owner or occupant. The assessor or the department shall consider the use of agricultural real property which is not contiguous to the owners real property only if that property has been in agricultural use for at least 2 months during the 2 years preceding the receipt of the application.
2. The assessor or the department may inspect the property and request such evidence of use and sources of income as is necessary to make an accurate determination of use. The assessor or the department may deny the application when the owner or occupant refuses to permit [such] the inspection or furnish [such evidence.
2.] the evidence.
3. The department shall provide by regulation for a more detailed definition of agricultural use, consistent with the general definition given in NRS 361A.030, for use by county assessors or the department in determining entitlement to agricultural use assessment.
[3.] 4. The county assessor or the department shall approve or deny an application no later than December 15 of each year. An application on which action by the assessor or the department is not completed by December 15 is approved.
[4.] 5. The county assessor or the department shall send to the applicant a written notice of his or its determination within 10 days after determining the applicants entitlement to agricultural use assessment. If an applicant seeking agricultural use assessment on property located in more than one county is refused such assessment in any one county, he may withdraw his application for such assessment in all other counties.
[5.] 6. The county assessor or the department shall record the application with the county recorder within 10 days after its approval.
Sec. 14. NRS 361A.130 is hereby amended to read as follows:
361A.130 1. If the property is found to be agricultural real property, the county assessor shall determine its value for agricultural use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value. [At the same time the assessor shall make a separate determination of its taxable value pursuant to NRS 361.227 and 361.260 if he determines that the property is located in a higher use area. If the assessor determines that the property is not located in a higher use area, he shall make the agricultural use assessment only, and shall not make the taxable value assessment, except as provided in NRS 361A.155.
2. The taxable value assessment must be maintained in the assessors records, and must be made available to any person upon request. The property owner shall be notified of the taxable value assessment each year the property is reappraised, together with the agricultural use assessment, in the manner prescribed by the department.]
κ1987 Statutes of Nevada, Page 676 (CHAPTER 314, AB 290)κ
2. The agricultural use assessment must be maintained in the records of the assessor and must be made available to any person upon request. The property owner must be notified of the agricultural use assessment in the manner provided for notification of taxable value assessments. The notice must contain the following statement: Deferred taxes will become due on this parcel if it is converted to a higher use.
3. The entitlement of agricultural real property to agricultural use assessment must be determined as of December 15 in each year. If the property becomes disqualified for such an assessment before that date, it must be assessed as all other real property is assessed and taxed in the ensuing fiscal year [upon] on the basis of [this regular assessment.] taxable value.
Sec. 15. NRS 361A.150 is hereby amended to read as follows:
361A.150 1. The county assessor shall enter on the assessment roll the valuation based on agricultural use until the property becomes disqualified for agricultural use assessment by:
(a) Notification by the applicant to the assessor to remove the agricultural use assessment;
(b) Sale or transfer to an [ownership] owner making it exempt from ad valorem property taxation;
(c) Removal of the agricultural use assessment by the assessor upon discovery that the property is no longer in agricultural use; or
(d) Failure to file an application as provided in NRS 361A.110.
2. Except as otherwise provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify agricultural real property from agricultural use assessment so long as the property continues to be used exclusively for agricultural use, if the new owner applies for agricultural use assessment in the manner provided in NRS 361A.110.
3. [Whenever] Within 30 days after agricultural real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the assessed value for the next following tax roll.
Sec. 16. NRS 361A.155 is hereby amended to read as follows:
361A.155 [1.] When any agricultural real property whose taxable value as determined pursuant to NRS 361.227 and 361.260 has not been separately determined for each year in which agricultural use assessment was in effect for the property is [:
(a) Determined by the county assessor to be located in a higher use area; or
(b) Converted] converted in whole or in part to a higher use, the county assessor shall determine its taxable value at the time [the location in a higher use area is determined or at the time] of conversion [, respectively,] and discount that valuation as appropriate to determine the valuation against which to compute the deferred tax.
κ1987 Statutes of Nevada, Page 677 (CHAPTER 314, AB 290)κ
[2. The department shall prescribe by regulation an appropriate procedure for determining taxable value assessment under this section.]
Sec. 17. NRS 361A.160 is hereby amended to read as follows:
361A.160 1. The determination of use [, the] and agricultural use assessment [and the taxable value assessment] in each year are final unless appealed in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.
2. Any person desiring to have his property assessed for agricultural use who fails to file a timely application may petition the county board of equalization which, upon good cause shown, may accept an application, and, if appropriate, allow that application. The assessor shall then assess the property consistently with the decision of the county board of equalization on the next assessment roll.
Sec. 18. NRS 361A.170 is hereby amended to read as follows:
361A.170 1. The governing body of each city or county shall, from time to time, specify by resolution the designations or classifications under its master plan designed to promote the conservation of open space, the maintenance of natural features for control of floods and the protection of other natural and scenic resources from unreasonable impairment.
2. The board of county commissioners shall, from time to time, adopt by ordinance procedures and criteria which must be used in considering an application for open-space use assessment. [Such] The criteria may include requirements respecting public access to and the minimum size of the property.
Sec. 19. NRS 361A.220 is hereby amended to read as follows:
361A.220 1. If the property is found by the board of county commissioners to be open-space real property, the county assessor shall determine its value for open-space use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value. [At the same time, the assessor shall make a separate determination of its taxable value pursuant to NRS 361.227 and 361.260.
2. The taxable value assessment must be maintained in the assessors records and must be made available to any person upon request. The property owner shall be notified of the taxable value assessment each year the property is reappraised, together with the open-space use assessment in the manner prescribed by the department.]
2. The open-space use assessment must be maintained in the records of the assessor and must be made available to any person upon request. The property owner must be notified of the open-space use assessment in the manner provided for notification of taxable value assessments. The notice must contain the statement: Deferred taxes will become due on any portion of this parcel which is converted to a higher use.
3. The entitlement of open-space real property to open-space use assessment must be determined as of December 15 in each year. If the property becomes disqualified for open-space assessment before that date it must be assessed as all other real property is assessed and taxed in the ensuing fiscal year upon the basis of [this regular assessment.] taxable value.
κ1987 Statutes of Nevada, Page 678 (CHAPTER 314, AB 290)κ
Sec. 20. NRS 361A.230 is hereby amended to read as follows:
361A.230 1. The county assessor shall enter on the assessment roll the valuation based on open-space use until the property becomes disqualified for open-space use assessment by:
(a) Notification by the applicant to the assessor to remove the open-space use assessment;
(b) Sale or transfer to an [ownership] owner making it exempt from ad valorem property taxation;
(c) Removal of the open-space use assessment by the assessor, with the concurrence of the board, upon discovery that the property is no longer in the approved open-space use; or
(d) Failure to file a new application as provided in NRS 361A.190.
2. Except as otherwise provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify open-space real property from open-space use assessment so long as the property continues to be used exclusively for an approved open-space use, if the new owner applies for open-space use assessment in the manner provided in NRS 361A.190.
3. Whenever open-space real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the assessed value for the next following tax roll.
Sec. 21. NRS 361A.240 is hereby amended to read as follows:
361A.240 1. The determination of use [,] and the open-space use assessment [and the taxable value assessment] in each year are final unless appealed.
2. The applicant for open-space assessment is entitled to:
(a) Appeal the determination made by the board of county commissioners to the district court in the county where the property is located, or if located in more than one county, in the county in which the major portion of the property is located, as provided in NRS 278.0235.
(b) Equalization of [both] the open-space use assessment [and the taxable value assessment] in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.
Sec. 22. NRS 361A.270 is hereby amended to read as follows:
361A.270 Within 30 days after any portion of property which has received agricultural or open-space use assessment ceases to be used exclusively for agricultural use or the approved open-space use, the owner shall notify the county assessor in writing of the date of cessation of that use.
Sec. 23. NRS 361A.280 is hereby amended to read as follows:
361A.280 1. [When] For purposes of this section, base year means the fiscal year in which the property is converted to a higher use.
2. If any portion of agricultural or open-space real property which is receiving agricultural or open-space use assessment is converted to a higher use, there [shall] must be added to the tax extended against [the] that portion of the property on the next property tax statement, an amount equal to the sum of the following:
κ1987 Statutes of Nevada, Page 679 (CHAPTER 314, AB 290)κ
use, there [shall] must be added to the tax extended against [the] that portion of the property on the next property tax statement, an amount equal to the sum of the following:
(a) The deferred tax, which is the difference between the taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the taxable value [determination] calculated pursuant to subsections 3 and 4 for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment [but does not include any period before July 1, 1976.] ; and
(b) A penalty equal to 20 percent of the accumulated deferred tax on all portions of property for each year in which the owner failed to give the notice required by NRS 361A.270.
3. Except as otherwise provided in subsection 4, the value for the base year may be calculated by determining the taxable value of the property immediately preceding the conversion to a higher use pursuant to NRS 361.227. The taxable value for the fiscal year before the base year may be calculated by dividing the taxable value of the base year by the factor for land applied to the parcel for that prior year pursuant to NRS 361.260. The quotient is the taxable value for the year before the base year. The taxable value for each fiscal year before that time may be calculated in the same manner, by dividing the taxable value for the year succeeding the fiscal year by the factor for land applied to the parcel during the prior year.
4. For any fiscal year before 1982-83 and for any fiscal year in which the area where the parcel is located was physically reappraised, the median percentage increase in the taxable value of the five nearest similar parcels not receiving agricultural assessment may be used in place of the factor for land in making the calculation of taxable value pursuant to subsection 3.
[2.] 5. For any year in which the value of the parcel is affected by a factor which may not have an equally proportionate effect on similar nearby parcels, such as a change in zoning ordinances, variances from those ordinances or natural disasters, the taxable value of the property must be determined pursuant to NRS 361.227.
6. The deferred tax and penalty are a perpetual lien until paid as provided in NRS 361.450; but if the property is not converted to a higher use within 84 months after the date of attachment, the lien for that earliest year then expires.
[3. Each year a statement of liens attached pursuant to this section must be recorded with the county recorder by the tax receiver in a form prescribed by the department upon completion of the tax statement.
4.] 7. If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem [, a lien for a proportional share of the deferred taxes that would otherwise have been due in the following year, attaches on the day preceding the sale or transfer.
κ1987 Statutes of Nevada, Page 680 (CHAPTER 314, AB 290)κ
attaches on the day preceding the sale or transfer. The lien must be enforced against the property when it is converted to a higher use, even though the owner at the time of conversion enjoys an exemption from taxation.] , any such liens for deferred taxes must be canceled.
8. The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to section 6 of this act.
Sec. 24. Section 2 of this act is hereby amended to read as follows:
Converted to a higher use means [a] :
1. A physical alteration of the surface of the property enabling it to be used for a higher use [.] ;
2. The recording of a final map or parcel map, as those terms are defined in NRS 278.010, which creates one or more parcels not intended for agricultural use;
3. The existence of a final map or parcel map, as those terms are defined in NRS 278.010, which creates one or more parcels not intended for a agricultural use; or
4. A change in zoning to a higher use made at the request of the owner.
Sec. 25. NRS 361A.034 is hereby repealed.
Sec. 26. 1. This section and sections 1 to 7, inclusive, 9 to 23, inclusive, and section 25 of this act, become effective on July 1, 1987.
2. Sections 8 and 24 of this act become effective July 1, 1988.
________
Senate Bill No. 393Committee on Finance
CHAPTER 315
AN ACT relating to public employees retirement; revising the provisions governing the selection of a retirement option; revising the provisions governing the refund of contributions of members; making various changes in procedures; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If the spouse of the member does not consent to the retirement plan chosen by the member before the date on which the retirement becomes effective pursuant to NRS 286.541 the system shall:
(a) Notify the spouse that he has 90 days to consent or have the member change his selection; and
(b) Pay the retirement at the amount calculated for Option 2 provided in NRS 286.590 until the spouse consents or for 90 days, whichever is less.
κ1987 Statutes of Nevada, Page 681 (CHAPTER 315, SB 393)κ
2. Upon consent of the spouse or at the end of the 90 days, the retirement benefit must be recalculated and paid under the terms of the option originally selected by the member retroactively to the date on which the retirement became effective.
Sec. 3. 1. Any check for benefits or a refund which has not been paid within 5 years after being transferred to the account for unclaimed benefits or refunds must be transferred to the public employees retirement fund or police and firemens retirement fund, whichever is appropriate.
2. If, within 6 years after a check for benefits or a refund has been transferred pursuant to subsection 1, any person appears and claims the money, the claimant may file a petition in the district court for Carson City stating the nature of his claim, with an appropriate prayer for the relief demanded. A copy of the petition must be served upon the attorney general before or at the time it is filed. Within 20 days after service, the attorney general shall appear in the proceeding and respond to the petition. If, after examining all the facts, the attorney general is convinced that the system has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the system.
3. If judgment is not confessed, the petition must be considered at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order. Upon the hearing, the court shall examine into the claim and hear the allegations and proofs. If the court finds that the claimant is entitled to any money transferred pursuant to subsection 1 to a retirement fund, it shall order the public employees retirement board to pay the money forthwith to the claimant, but without interest or cost to the board.
4. All persons, except minors and persons of unsound mind, who fail to appear and file their petitions within the time limited in subsection 1 are forever barred. Minors and persons of unsound mind may appear and file their petitions at any time within 5 years after their respective disabilities are removed.
Sec. 4. NRS 286.430 is hereby amended to read as follows:
286.430 1. [A] Except as otherwise provided in subsection 8, a member may withdraw the employee contributions credited to his individual account if:
(a) He has terminated service for which contribution is required; or
(b) He is employed in a position for which contribution is prohibited.
2. The system shall not refund these contributions until it has received:
(a) A properly completed application for refund;
(b) A notice of termination from the members public employer or a certification by the public employer that the member is employed in a position for which contribution is prohibited; and
(c) Except as otherwise provided in subsection 3, all contributions withheld from such members compensation.
3. If a member submits an application for a refund of his contributions before all of his contributions which were withheld have been remitted, the system may refund the portion of his contributions which it has received.
κ1987 Statutes of Nevada, Page 682 (CHAPTER 315, SB 393)κ
4. If it is determined, after the system has refunded the contributions of a member, that an additional amount of less than $10 is due to him, a refund of that amount need not be paid.
5. Refunds, pursuant to this section, must be made by check mailed to the address specified by a member in his application for refund.
6. The system shall transfer all money retained pursuant to subsection 4 and the amount of any unclaimed refund checks to the public employees retirement fund or the police and firemens retirement fund.
7. All membership rights and active service credit in the system, including service for which the public employer paid the employee contributions, are canceled upon the withdrawal of contributions from a members account.
8. A member who transfers to a position for which contribution is prohibited must remain in that position for at least 90 days before he is eligible to receive a refund pursuant to this section.
Sec. 5. NRS 286.541 is hereby amended to read as follows:
286.541 1. Applications for service retirement allowances or disability retirement allowances must be submitted to the offices of the system on forms approved by the executive officer. The form shall not be deemed filed unless it contains [the] :
(a) The members selection of the retirement plan contained in NRS 286.551 or one of the optional plans provided in NRS 286.590 [.] ;
(b) A notarized statement of the marital status of the member; and
(c) If the member is married, a statement of the spouses consent or objection to the chosen retirement plan, signed by the spouse and notarized.
2. Retirement becomes effective on whichever of the following days is the later:
(a) The day immediately following the applicants last day of employment;
(b) The day the completed application form is filed with the system;
(c) The day immediately following the applicants last day of creditable service; or
(d) The effective date of retirement specified on the application form.
3. The selection of a retirement plan by a member and consent or objection to that plan by the spouse pursuant to this section does not affect the responsibility of the member concerning the rights of any present or former spouse.
4. The system is not liable for any damages resulting from the false designation of marital status by a member or retired member.
Sec. 6. NRS 286.592 is hereby amended to read as follows:
286.592 1. If a member enters retirement status under one of the optional plans described in NRS 286.590 and the designated beneficiary predeceases the retired employee, the retired employees monthly retirement allowance must be automatically adjusted to the unmodified retirement allowance provided in NRS 286.551.
κ1987 Statutes of Nevada, Page 683 (CHAPTER 315, SB 393)κ
2. A retired employee may not change the selected option or designated beneficiary after the effective date of retirement except as provided in subsection 4 of this section and subsection 3 of NRS 286.525.
3. A retired employee who selects an unmodified retirement allowance may relinquish his right to that allowance and apply for a refund of his remaining contributions at any time. A retired employee who selects one of the optional plans described in NRS 286.590 may relinquish his right and the right of the beneficiary under that plan and apply for a refund of his remaining contributions at any time. If the designated beneficiary is the spouse of the retired employee, or if the right of the beneficiary is the subject of a court order, the retired employee shall provide an acknowledged release by the beneficiary of any claim against the system or the employees contributions when applying for a refund.
4. A retired employee may cancel his selected option and designation of beneficiary and revert to the unmodified retirement allowance. He shall make this election by written designation, acknowledged and filed with the board. The written election must be accompanied by a written, notarized acknowledgment of the change by the beneficiary if the beneficiary is the spouse of the retired employee. The election to cancel a selected option and revert to the unmodified allowance does not abrogate any obligation of the retired employee respecting community property.
5. The termination or adjustment of a monthly retirement allowance resulting from the death of a retired employee or beneficiary must not become effective until the first day of the month immediately following the death of the retired employee or beneficiary.
Sec. 7. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the executive officer deduct and pay his premium for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until:
(a) He notifies the executive officer to discontinue the deduction; or
(b) Any of his dependents elect to assume the premium applicable to the dependents coverage before the death of such a retired person and continue coverage pursuant to NRS 287.023 after his death.
2. The board may adopt regulations to carry out the provisions of subsection 1, including but not limited to regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
κ1987 Statutes of Nevada, Page 684 (CHAPTER 315, SB 393)κ
3. The executive officer, board and system are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums authorized pursuant to this section unless willful neglect or gross negligence is proven.
Sec. 8. NRS 286.676 is hereby amended to read as follows:
286.676 1. Except as limited by [subsection 2,] subsections 3 and 4, the spouse of a deceased member whose allowance was fully vested is entitled to receive a monthly allowance equivalent to that provided by :
(a) Option 3 in NRS 286.590 [.] , if the deceased member had less than 20 years of service on the date of his death; or
(b) Option 2 in NRS 286.590, if the deceased member had more than 20 years of service on the date of his death.
For purposes of applying the provisions of [Option] Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under [Option 3.] the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection [shall] must be paid to the spouse for the remainder of [such] the spouses life.
2. The spouse may elect to receive the benefits provided by any one of the following only:
(a) This section;
(b) NRS 286.674; or
(c) NRS 286.678.
[2.] 3. The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the members death and to the amounts provided in this subsection. If, at the time of his death, such a member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by [such] the member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, must cease upon the death or remarriage of the spouse. Benefits under this section are not renewable following termination.
[3.] 4. The benefits provided by paragraph (a) of subsection 1 may only be paid to the spouses of members who died on or after May 19, 1975.
Sec. 9. The benefits provided by the amendatory provisions of paragraph (b) of subsection 1 of section 8 of this act are not retroactive, but may only be paid beginning on July 1, 1987.
κ1987 Statutes of Nevada, Page 685 (CHAPTER 315, SB 393)κ
Sec. 10. Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 340Senator Jacobsen
CHAPTER 316
AN ACT relating to motor vehicles; making various technical and administrative changes concerning motor vehicles and the enforcement of the traffic laws; requiring garages and repair shops to maintain certain records; correcting an inappropriate reference to specifications for calibrating devices for testing for intoxication; providing for the suspension of registration of certain vehicles which are not insured; requiring all applicants for a license to operate a motorcycle to furnish proof of age; clarifying the language for proper publication of a notice of sale to satisfy a statutory lien; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.241 is hereby amended to read as follows:
484.241 [1.] The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident [shall report to the local police department if such garage or shop is located within a city, otherwise to the office of the county sheriff or the nearest office of the Nevada highway patrol, within 24 hours after such motor vehicle is received by the garage or repair shop, giving the serial number, registration number and the name and address of the owner or operator of such vehicle, unless a damage sticker has been affixed to it by a local police department, a county sheriffs department or the Nevada highway patrol.
2. The provisions of this section shall not apply where the local authority having jurisdiction has enacted an ordinance in substantial compliance with this section.] and which is repaired in that garage or repair shop shall maintain for 2 years a record of those repairs including the:
1. Registration number of the vehicle;
2. Vehicle identification number;
3. Color of the vehicle before the repairs;
4. Location on the vehicle of the damage repaired;
5. Total amount of the damage; and
6. Name and address of the person who requested the repairs.
Sec. 2. NRS 484.243 is hereby amended to read as follows:
484.243 1. Every police officer who investigates a vehicle accident of which a report must be made as required in this chapter, or who otherwise prepares a written report as a result of an investigation either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses, shall forward a written report of the accident to the department within 10 days after his investigation of the accident.
κ1987 Statutes of Nevada, Page 686 (CHAPTER 316, SB 340)κ
or witnesses, shall forward a written report of the accident to the department within 10 days after his investigation of the accident.
2. The written reports required to be forwarded by police officers and the information contained therein are not privileged or confidential.
3. Every sheriff, chief of police or office of the Nevada highway patrol receiving any report required under NRS 484.223 to [484.241,] 484.238, inclusive, shall immediately prepare a copy thereof and file the copy with the department.
Sec. 3. NRS 484.3935 is hereby amended to read as follows:
484.3935 If:
1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a persons breath, blood or urine to determine the percent by weight of alcohol in his blood; and
2. The [manufacturer certifies or the] technician makes an affidavit that the solution or gas has the chemical composition that is [specified by the manufacturer of such a device as] necessary for calibrating the device,
it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.
Sec. 4. NRS 485.383 is hereby amended to read as follows:
485.383 1. The department shall annually select a sample of not less than 10 percent of all motor vehicles registered in this state, except motorcycles and motor homes, on which the security is a contract of insurance for a verification of motor vehicle insurance.
2. The department shall mail a form for verification to the owner of each vehicle selected for verification of insurance. The owner shall complete the form with all the information which is requested by the department and return the completed form within 15 days after the date on which the form was mailed by the department.
3. When the department receives a completed form for verification it shall mail the form to the named insurer.
4. Upon receipt of a form for verification of insurance from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance covering the vehicle on the date the vehicle was selected pursuant to subsection 1.
5. The department shall suspend the registration of the vehicle and require the return to the department of the license plates of any vehicle for which a form for verification is [not] :
(a) Not returned to the department by the owner within 15 days [or for which the form for verification is returned] ;
(b) Returned by the insurer with a denial of coverage [.] ; or
(c) Returned by the owner with an admission of no coverage or without indicating an insurer or the number of a policy.
6. If an owner who did not return a completed form for verification within the specified period:
κ1987 Statutes of Nevada, Page 687 (CHAPTER 316, SB 340)κ
(a) Proves to the satisfaction of the department that there was a justifiable cause for his failure to do so;
(b) Submits a completed form regarding his insurance on the date the vehicle was selected pursuant to subsection 1; and
(c) Presents evidence of current insurance,
the department shall rescind its suspension of the registration and mail the completed form to the named insurer. Upon receipt of the form from the department, the insurer shall verify the information on the form and return it to the department only if the insurer did not have a contract of insurance covering the vehicle on the date the vehicle was selected pursuant to subsection 1. If the form is returned by the insurer with a denial of such coverage, the department shall suspend the registration and require the return of the license plates.
7. Except as otherwise provided in subsection 11, the department shall reinstate the registration of a vehicle and reissue the license plates only upon filing by the owner of proof of financial responsibility for a period of 3 years.
8. A denial of coverage, signed by an officer or agent of an insurer, is prima facie evidence of a false certification.
9. If the department believes a person has violated the provisions of NRS 485.185, it shall notify the district attorney of the county in which the person resides.
10. An insurer, its agents, the department and its employees who act pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.
11. If an owner proves to the satisfaction of the department that his vehicle was not used in this state for a 30-day period, including the date on which the sample was taken, the department shall not require him to file proof of financial responsibility as a prerequisite to reinstating his registration and reissuing his license plates.
Sec. 5. NRS 486.081 is hereby amended to read as follows:
486.081 1. Every application for a motorcycle drivers license [shall] must be made upon a form furnished by the department and [shall] must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
2. Every application [shall:] must:
(a) State the full name, date of birth, sex and residence address of the applicant;
(b) Briefly describe the applicant;
(c) State whether the applicant has [theretofore] previously been licensed as a driver, and, if so, when and by what state or country;
(d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and
κ1987 Statutes of Nevada, Page 688 (CHAPTER 316, SB 340)κ
(e) Give such other information as the department [may require] requires to determine the applicants competency and eligibility.
3. Every applicant [between the ages of 15 1/2 and 21 years] shall furnish proof of his age by displaying [a] :
(a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate , drivers license issued by another state or the District of Columbia or other proof acceptable to the department [.] ; or
(b) If he was born outside the United States, a:
(1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;
(2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;
(3) Drivers license issued by another state or the District of Columbia; or
(4) Passport.
Sec. 6. NRS 108.310 is hereby amended to read as follows:
108.310 Subject to the provisions of NRS 108.315, the lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer, upon which the lien is asserted, and to the:
(a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS; or
(b) Registration division of the department of motor vehicles and public safety with regard to all other items included in this section.
2. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer. The sale must be had in the place where the lien was acquired, or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.
3. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for [2] 3 consecutive weeks [, being 3 successive weekly issues,] in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place then in some newspaper published in this state and having a general circulation in that place.
κ1987 Statutes of Nevada, Page 689 (CHAPTER 316, SB 340)κ
having a general circulation in that place. The sale must not be held less than [15] 22 days after the time of the first publication.
4. From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts or trailer.
Sec. 7. NRS 706.741 is hereby amended to read as follows:
706.741 1. Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.091 , 706.521 and 706.526, it [shall be] is lawful for any manufacturer, distributor or dealer in or rebuilder of motor vehicles having an established place of business in this state to operate, drive or tow any motor vehicles over and along the highways of this state when the motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.
2. A manufacturer, distributor, dealer or rebuilder shall not operate, drive or tow any such motor vehicle unless there are attached thereto the license plates required by law of all [such] manufacturers, dealers or rebuilders, or a permit from the department [provided for in] pursuant to NRS 482.3212.
Sec. 8. NRS 484.543 is hereby repealed.
Sec. 9. Section 4 of this act becomes effective at 12:01 a.m. on July 1, 1987.
________
Assembly Bill No. 313Committee on Taxation
CHAPTER 317
AN ACT relating to motor vehicle fuel; making retailers liable for the taxes, penalties and interest on certain fuel; requiring dealers to print their identification numbers on their delivery tickets; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 365 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A retailer of motor vehicle fuel who receives or sells motor vehicle fuel for which the taxes imposed pursuant to this chapter have not been paid is liable for the taxes and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the fuel had not been paid.
κ1987 Statutes of Nevada, Page 690 (CHAPTER 317, AB 313)κ
2. Verification by the retailer of the identification number printed on the delivery ticket of the dealer shall be deemed compliance with the provisions of subsection 1.
Sec. 2. NRS 365.300 is hereby amended to read as follows:
365.300 1. Upon approval of the application the department shall issue to the dealer [a] :
(a) An identification number; and
(b) A nonassignable license with a duplicate copy for each place of business of the dealer in this state.
2. Each license and all duplicates must bear the dealers identification number.
3. The license [shall continue] continues in force until canceled, suspended or revoked.
4. The dealer shall have his identification number printed on each of his delivery tickets.
________
Assembly Bill No. 41Committee on Elections
CHAPTER 318
AN ACT relating to elections; revising the schedule of fees for filing declarations or acceptances of candidacy; requiring the secretary of state to adopt regulations to ensure the security and accuracy of computer programs used for elections; requiring a county clerk or registrar of voters to appoint at least one deputy registrar in the county; extending the time for the return of an absent ballot for the purposes of determining whether an affidavit of registration must be canceled; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.015 is hereby amended to read as follows:
293.015 Absent [ballot] voter means a registered voter who has received or who has voted an absent [voters] ballot.
Sec. 2. NRS 293.097 is hereby amended to read as follows:
293.097 Sample ballot means a document distributed by a county or city clerk upon which is printed a facsimile of a ballot. The term includes any such document which is printed by a computer.
Sec. 3. NRS 293.176 is hereby amended to read as follows:
293.176 [No] 1. Except as otherwise provided in subsection 2, no person may be a candidate for a party nomination in any primary election if he has changed the designation of his political party affiliation on an official affidavit of registration in the State of Nevada or in any other state since the September 1 [prior to] next preceding the closing filing date for [such] the election, whether or not his previous registration was still effective at the time of the change in party designation.
κ1987 Statutes of Nevada, Page 691 (CHAPTER 318, AB 41)κ
election, whether or not his previous registration was still effective at the time of the change in party designation.
2. The provisions of subsection 1 do not apply to any person who is a candidate for a party nomination of a political party which was not qualified as such on the September 1 next preceding the closing filing date for the election.
Sec. 4. NRS 293.193 is hereby amended to read as follows:
293.193 1. Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy [shall] must be paid to the filing officer by cash, cashiers check or certified check.
United States Senator.................................................................................... $250
Representative in Congress......................................................................... 150
Governor.......................................................................................................... 150
Justice of the supreme court........................................................................ 150
Any state office, other than governor or justice of the supreme court. 100
Any district office for which the compensation is more than $25 per month 75
Any district office for which the compensation is $25 or less per month 15
Any county office other than a trustee of a school district , hospital or hospital district................................................................................................ 40
State senator................................................................................................... 30
Assemblyman................................................................................................. 15
Trustee of a county school district , hospital or hospital district........ 15
Justice of the peace, constable or other town or township office.......... 10
2. No filing fee may be required from a candidate for an office the holder of which receives no compensation.
3. The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.
Sec. 5. NRS 293.230 is hereby amended to read as follows:
293.230 1. In precincts or districts where there are less than 200 registered voters [,] and paper ballots are used, the election board shall perform all duties required from the time of preparing for the opening of the polls through delivering the supplies and result of votes cast to the county or city clerk.
2. Except as provided in NRS 293.235, one election board must be appointed by the county or city clerk for all mailing precincts within the county or city, and must be designated the central election board. The county or city clerk shall deliver the mailed ballots to that board in his office and the board shall count the votes on those ballots in the manner required by law.
κ1987 Statutes of Nevada, Page 692 (CHAPTER 318, AB 41)κ
Sec. 6. NRS 293.233 is hereby amended to read as follows:
293.233 In each precinct or district where there are 200 or more registered voters [,] and paper ballots are used, the county or city clerk shall appoint two election boards and designate one the voting board and the other the counting board. The officers of the counting board shall count the votes and make the record of the votes. The voting board shall account for the records at the time the polls are closed and deliver to the counting board the ballot box containing the voted ballots and all other books and supplies in its possession. Upon such delivery, the counting board shall perform its duties as required by law. The time of service for the counting board must be from the closing of the polls through the returning of the supplies and the result of votes cast to the county or city clerk.
Sec. 7. NRS 293.247 is hereby amended to read as follows:
293.247 1. The secretary of state shall adopt regulations, not inconsistent with the election laws of this state, for the conduct of primary, general, special and district elections in all cities and counties.
2. The regulations must prescribe:
(a) The duties of election boards;
(b) The type and amount of election supplies;
(c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;
(d) The method to be used in distributing ballots to precincts and districts;
(e) The method of inspection and the disposition of ballot boxes;
(f) The form and placement of instructions to voters;
(g) The recess periods for election boards;
(h) The size, lighting and placement of voting booths;
(i) The amount and placement of guardrails and other furniture and equipment at voting places;
(j) The disposition of election returns;
(k) The procedures to be used for canvasses, ties, recounts and contests; [and]
(l) The procedures to be used to ensure the security and accuracy of computer programs used for elections; and
(m) Such other matters as determined necessary by the secretary of state.
3. The secretary of state may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this state.
4. The secretary of state shall prepare and distribute to each county and city clerk the election officers digest and instructions for election boards, and copies of any attorney generals opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the secretary of state.
Sec. 8. NRS 293.285 is hereby amended to read as follows:
293.285 1. A registered voter applying to vote shall state his name to the election board officer in charge of the election board register and [such] the officer shall immediately announce the name and take the registered voters signature.
κ1987 Statutes of Nevada, Page 693 (CHAPTER 318, AB 41)κ
the officer shall immediately announce the name and take the registered voters signature. After a registered voter is properly identified at a polling place where paper ballots are used, one partisan ballot and, if required, one nonpartisan ballot, correctly folded [shall] must be given to [such] the voter and the number of [such] the ballot or ballots [shall] must be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot or ballots.
2. In pollbooks in which voters names have been entered, election officers may indicate the application to vote without writing the name.
Sec. 9. NRS 293.293 is hereby amended to read as follows:
293.293 Where paper ballots are used for voting:
1. Except as provided in subsection 2 , the voter shall mark his ballot in no other manner than by stamping a cross (X) in the square following the name of each candidate for whom he intends to vote for each office, or upon one of the lines provided pursuant to NRS 293.269, except that in a general election, at which the names of candidates for President and Vice President of the United States are on the ballot, followed by the designation of their party, one vote for the party designated constitutes a vote for that partys candidates for President and Vice President.
2. If a proposed constitutional amendment or other question is submitted to the registered voters, the cross must be placed in the square following the answer which the voter chooses to give.
3. Before leaving the booth, the voter shall fold his ballot in such a manner that the number of the ballot appears on the outside, without exposing how he voted, and shall keep it so folded until he has delivered it to the officer from whom he received it, who shall announce the number of the ballot in an audible voice.
4. The election board officer who is in charge of the pollbook shall repeat the number, and mark in the column opposite the number the word Voted, or a character indicating the word Voted.
5. The election board officer who receives the voted ballot shall separate from the ballot the strip bearing the number and shall deposit the ballot in the ballot box in the presence of the voter.
6. No ballot may be deposited in the ballot box until the slip containing the number of the ballot has been removed from it by the election board officer. The strip bearing the number must be retained by the election board officer.
Sec. 10. NRS 293.296 is hereby amended to read as follows:
293.296 1. Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:
(a) The voters employer or his agent; or
(b) An officer or agent of the voters labor organization . [; or
(c) An officer of the election board who is not the spouse of the registered voter.]
κ1987 Statutes of Nevada, Page 694 (CHAPTER 318, AB 41)κ
2. A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of that ballot.
3. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.
Sec. 11. NRS 293.297 is hereby amended to read as follows:
293.297 1. Any voter who spoils his ballot may return the spoiled ballot to the election board and receive another in its place.
2. The election board officers shall indicate in the pollbook that the ballot is spoiled and shall enter the number of the ballot issued in its place.
3. Each spoiled ballot returned must be canceled [without unfolding it] by writing the word Canceled across the back of the ballot. A spoiled paper ballot must be canceled without unfolding it.
4. A record must be made of those canceled ballots at the closing of the polls and before counting. The ballots must be placed in a separate envelope and returned to the appropriate county or city clerk with the election supplies.
Sec. 12. NRS 293.304 is hereby amended to read as follows:
293.304 1. When the eligibility of a voter to vote in a general election is successfully challenged solely on the basis of a change of residence within the county, the election [judges] board shall issue a statement to the voter on a form provided by the secretary of state which contains:
(a) The name of the voter;
(b) The address which appears on the record of voter registration;
(c) The address at which the voter actually resides;
(d) The signatures of the members of the election [judges] board who issued the statement; and
(e) Other information which the secretary of state deems necessary to carry out the provisions of this section.
2. The registrar of voters of each county shall maintain a special polling place in his office during each general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:
(a) President and Vice President of the United States;
(b) United States Senator;
(c) All state officers for whom all voters in the state may vote; and
(d) Questions which have been submitted to all of the voters of the state.
3. When a person comes to the office of the registrar of voters and presents a properly prepared statement issued pursuant to subsection 1, the registrar of voters shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.
κ1987 Statutes of Nevada, Page 695 (CHAPTER 318, AB 41)κ
registrar of voters shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.
4. The secretary of state shall provide by regulation for:
(a) Forms for statements; and
(b) The counting of ballots voted at a special polling place.
Sec. 13. NRS 293.327 is hereby amended to read as follows:
293.327 1. If a request for an absent ballot is made by a registered voter in person, the county or city clerk shall issue an absent ballot to the registered voter, and the ballot must be voted on the premises of the clerks office and returned to the clerk. The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. [Each] At least 25 days before an election, each county clerk and city clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.
Sec. 14. NRS 293.330 is hereby amended to read as follows:
293.330 1. When an absent voter receives his ballot, he must stamp and fold it , if it is a paper ballot, or punch it, if the ballot is voted by punching a card, in accordance with the instructions, deposit it in the return envelope, seal the envelope, affix his signature on the back of the envelope in the space provided therefor and mail the return envelope.
2. If the absent voter who has received a ballot by mail applies to vote the ballot in person at the county or city clerks office, he must stamp or punch the ballot, seal it in the return envelope and affix his signature in the same manner as provided in subsection 1, and deliver the envelope to the clerk.
Sec. 15. NRS 293.333 is hereby amended to read as follows:
293.333 1. On the day of election, the precinct or district election boards receiving the absent voters ballots from the county or city clerk shall, in the presence of a majority of the election board officers, deposit the ballots in the ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope, must be called and checked as if the voter were voting in person; and
(b) The signature on the back of the return envelope must be compared with that on the original affidavit of registration.
2. If the board determines that the absent voter is entitled to cast his ballot, the envelope must be opened, the numbers on the ballot and envelope compared, the number strip [torn off] or stub detached from the ballot, and, if the numbers are the same, the ballot deposited in the regular ballot box.
3. The election board officers shall mark in the pollbook opposite the name of the voter the word Voted.
Sec. 16. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:
κ1987 Statutes of Nevada, Page 696 (CHAPTER 318, AB 41)κ
registered voters of a designated territory, when the governing body decides to submit a question:
(a) At a general election, shall provide a copy of the question to each county clerk within the designated territory on or before the 3rd Monday in July preceding the election.
(b) At a primary election, shall provide a copy of the question to each county clerk within the designated territory on or before the 1st Monday in July preceding the election.
(c) At any election [(] other than a primary or general election [)] at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of the question to each county clerk at least [35] 60 days before the election.
(d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide a copy of the question to the city clerk at least 35 days before the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.
Sec. 17. NRS 293.505 is hereby amended to read as follows:
293.505 1. All justices of the peace, except those located in county seats, are ex officio deputy registrars to carry out the provisions of this chapter.
2. The county clerk [may appoint registered voters as deputy registrars,] shall appoint at least one registered voter to serve as a deputy registrar, who shall register voters within the county for which [they are] he is appointed. Except as provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. Deputy registrars serve at the pleasure of the county clerk and shall perform their duties as the county clerk may direct.
3. Deputy registrars may demand of any person who applies for registration all information required by the affidavit of registration, and may administer all oaths required by this chapter.
4. When a deputy registrar has in his possession five or more completed affidavits of registration, he shall forward them to the county clerk, but in no case may he hold any number of them for more than 10 days.
5. Immediately after the close of registration, each deputy registrar shall forward to the county clerk all completed affidavits in his possession. Within 5 days after the close of registration for a general election or general city election, a deputy registrar shall return all unused affidavits in his possession to the county clerk.
6. Deputy registrars shall submit to the county clerk an alphabetical list of names of electors registered by him, giving the serial number of the affidavit used for each named registrant.
κ1987 Statutes of Nevada, Page 697 (CHAPTER 318, AB 41)κ
7. Each deputy registrar shall post notices sent to him by the county clerk for posting in accordance with the election laws of this state.
8. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 18. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare the registrar of voters register for each precinct or district in the county with the list of registered voters who voted at the election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board and the absent ballot central counting board, if one has been appointed, to the county clerk, and he shall remove from the registrar of voters register and from the election board register by January 1 of the year following the election the affidavits of registration of all electors who have failed to vote at the election.
2. If the affidavit of registration of an elector is canceled pursuant to the provisions of subsection 1, the county clerk shall mail by March 15 of the year following the general election a notice stating that the electors affidavit of registration has been canceled because of his failure to vote in the last general election.
3. An absent voter whose ballot is voted and mailed [on or before] or delivered to the county clerk within 10 days after the date of the general election [but which arrives too late to be cast and counted] must not be considered as having failed to vote under subsection 1.
Sec. 19. NRS 293B.370 is hereby amended to read as follows:
293B.370 The absent ballot mailing precinct inspection board shall:
1. Perform functions similar to those of the central ballot inspection board and the ballot duplicating board as [such] those functions are applicable to absent and mailing ballots.
2. Bundle the empty absentee and mailing return envelopes according to ballot type or precinct and deliver the bundles to the county clerk.
3. Treat any absentee or mailing [ballot] envelope found not to contain a ballot as a rejected ballot and place each such envelope in a separate larger envelope on which [shall] must be written the ballot code or precinct and the reason for the rejection.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 294A.080 is hereby amended to read as follows:
294A.080 If it appears that the provisions of NRS 294A.010, 294A.020 , 294A.035 or 294A.041 have been violated:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county or city clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
κ1987 Statutes of Nevada, Page 698 (CHAPTER 318, AB 41)κ
Sec. 22. NRS 306.020 is hereby amended to read as follows:
306.020 1. Every public officer in the State of Nevada is subject to recall from office by the registered voters of the state or of the county, district or municipality from which he was elected, as provided in section 9 of article 2 of the constitution of the State of Nevada and this chapter. A public officer who is appointed to an elective office is subject to recall in the same manner as provided for an officer who is elected to that office.
2. The petition must, in addition to setting forth the reason why the recall is demanded:
(a) Contain the residence addresses of the signers and the date that the petition was signed;
(b) Contain a statement of the minimum number of signatures necessary to the validity of the petition;
(c) Include the date that a notice of intent was filed; and
(d) Have the designation: Signatures of registered voters seeking the recall of .................... (name of public officer for whom recall is sought) on each page if the petition contains more than one page.
Sec. 23. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon the filing of the petition, the officer with whom the petition is filed shall cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to the petition over all but criminal matters.
2. If the officer against whom the petition is filed is a [state] :
(a) State officer, the hearing on the petition must be held by the first judicial district court.
(b) District officer whose district includes area in more than one county, the hearing on the petition must be held in the district court for the county in which the largest population of the district is located.
The notice must be published once in a newspaper of general circulation in the appropriate county or, if the officer is a state officer, in each county of the state. The notice must contain the names of the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike his name if good cause appears therefor.
[2.] 3. At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer with whom the petition is filed either to cease any further proceedings in the matter or, if the officer against whom the petition was filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days after the date of the order, for a special election to be held in the state, or in the county, district or municipality electing the officer against whom the petition was filed, to determine whether the people will recall him.
κ1987 Statutes of Nevada, Page 699 (CHAPTER 318, AB 41)κ
Sec. 24. NRS 318.095 is hereby amended to read as follows:
318.095 Except as otherwise provided in NRS 318.0953:
1. There must be held simultaneously with the first general election in the county after the creation of the district and simultaneously with every general election thereafter an election to be known as the biennial election of the district. The election must be conducted under the supervision of the county clerk or registrar of voters. A district shall reimburse the county clerk or registrar of voters for the costs he incurred in conducting the election for the district.
2. The office of trustee is a nonpartisan office. The general election laws of this state govern the candidacy, nominations and election of a member of the board. The names of the candidates for trustee of a district may be placed on the ballot for the primary or general election.
3. At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there must be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years. At the second biennial election and each fourth year thereafter, there must be so elected three qualified electors as members of the board to serve for terms of 4 years.
4. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the county clerk or registrar of voters may direct.
5. Any new member of the board must qualify in the same manner as members of the first board qualify.
Sec. 25. Sections 2, 5, 6, 7, 11, 13, 14, 15, 16 and 17 become effective at 12:01 a.m. on July 1, 1987.
________
Senate Bill No. 449Committee on Commerce and Labor
CHAPTER 319
AN ACT relating to public utilities; requiring certain utilities which supply natural gas to submit plans containing predictions of future demand and proposals for the acquisition of resources; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A utility which supplies natural gas in this state shall, periodically, as prescribed by the commission, submit to the commission a plan which describes:
(a) The anticipated demand for natural gas made on its system by its customers;
κ1987 Statutes of Nevada, Page 700 (CHAPTER 319, SB 449)κ
(b) The estimated cost of supplying natural gas sufficient to meet the demand and the means by which the utility proposes to minimize that cost; and
(c) The sources of planned acquisitions of natural gas, including an estimate of the cost and quantity of the acquisitions to be made from each source and an assessment of the reliability of the source.
2. The commission shall, by regulation, provide for the procedure and schedule for and the contents and method of preparing, reviewing and approving the plan.
3. The costs of preparing the plan are allowable expenses of the utility for the purpose of establishing rates. The commission may provide for the timely recovery of those costs.
4. The application of this section is limited to any public utility in the business of supplying natural gas which has an annual operating revenue in this state of $10,000,000 or more.
________
Assembly Bill No. 727Committee on Ways and Means
CHAPTER 320
AN ACT relating to children; changing the composition of the committee for protection of children; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432.135 is hereby amended to read as follows:
432.135 1. The committee for protection of children [,] is hereby created within the department of human resources.
2. The committee consists of the following seven members, with at least one member residing within a county with a population of less than 100,000:
(a) The administrator of the youth services division of the department of human resources;
(b) A superintendent of a county school district appointed by the director of the department of human resources;
(c) [A district court judge appointed by the director of the department of human resources;
(d)] A director of a local agency providing services for abused or neglected children appointed by the director of the department of human resources;
[(e)] (d) A representative of a community organization involved with children , appointed by the director of the department of human resources;
[(f) A member] and
κ1987 Statutes of Nevada, Page 701 (CHAPTER 320, AB 727)κ
(e) Three members of the general public with knowledge of or experience in services to prevent abuse or neglect of children , appointed by the governor . [; and
(g) A legislator with knowledge of or experience in services to prevent abuse or neglect of children appointed by the legislative commission.]
________
Assembly Bill No. 779Committee on Government Affairs
CHAPTER 321
AN ACT relating to statutes; making technical corrections to certain inappropriate or inaccurate statutory terms; repealing certain obsolete provisions; and providing other matters properly relating thereto.
[Approved June 6, 1987]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section. 1. NRS 40.280 is hereby amended to read as follows:
40.280 1. The notices required by NRS 40.251 to 40.260, inclusive, may be served:
(a) By delivering a copy to the tenant personally, in the presence of a witness;
(b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the tenant at his place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the leased property, delivering a copy to a person there residing, if the person can be found, and mailing a copy to the tenant at the place where the leased property is situated.
2. Service upon a subtenant may be made in the same manner as provided in subsection 1.
3. Before an order to remove a tenant is issued pursuant to subsection 3 of NRS 40.253, a landlord must file with the court a proof of service of any notice required by that section. This proof must consist of:
(a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;
(b) A certificate of mailing issued by the United States [Post Office;] Postal Service; or
(c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.
Sec. 2. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.031 to 41.039, inclusive, the term political subdivision includes a fire protection district, irrigation district, school district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
κ1987 Statutes of Nevada, Page 702 (CHAPTER 321, AB 779)κ
district and other special district which performs a governmental function, even though it does not exercise general governmental powers.
Sec. 3. NRS 41A.049 is hereby amended to read as follows:
41A.049 1. The screening panel shall consider all the documentary material, including the complaint and answer, any medical records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical malpractice and that the claimant was injured thereby.
2. Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:
(a) The board of medical examiners ; [of the State of Nevada;] and
(b) The county medical society of the county in which the alleged malpractice occurred.
3. The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.
4. The written findings must be rendered within 30 days after the review and must be in substantially the following form:
(a) Based upon a review of the written medical records of this claim and the testimony of medical experts (if any were called) we find that there is a reasonable probability of medical malpractice and that the claimant was injured thereby;
(b) Based upon a review of the written medical records of this claim and the testimony of medical experts (if any were called) we find that there is no reasonable probability of medical malpractice; or
(c) Based upon a review of the written medical records of this claim and the testimony of medical experts (if any were called) we are unable to reach a decision on the issue of medical malpractice.
Sec. 4. NRS 155.030 is hereby amended to read as follows:
155.030 1. At any time after the issuance of letters testamentary or letters of administration upon the estate of any decedent, any person interested in the estate or the property thereof, or the attorney for [such] that person, may serve upon the executor or administrator [(] or upon the attorney for the executor or administrator , [) ,] and file with the clerk of the court wherein administration of the estate is pending, a written request stating that he desires special notice of any [or all] of the following matters, steps or proceedings in the administration of the estate:
(a) Filing of returns of sales, leases or mortgages of any property of the estate, and for confirmation thereof.
(b) Filing of accounts.
(c) Filing of petitions for any purpose.
(d) Filing of reports explaining why estates have not been closed.
2. The request [shall] must state the post office address of the person or his attorney, and thereafter a brief notice of the filing of any such returns, petitions, accounts or reports [shall] must be addressed to [such person,] that person or his attorney, at his stated post office address, and deposited [in] with the United States [Post Office,] Postal Service with the postage thereon prepaid, within 2 days after the filing of the return, petition or account; or personal service of such notices may be made on [such] the person or his attorney within the 2 days, and [such] the personal service [shall be] is equivalent to deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the petition, return or account.
κ1987 Statutes of Nevada, Page 703 (CHAPTER 321, AB 779)κ
person or his attorney, at his stated post office address, and deposited [in] with the United States [Post Office,] Postal Service with the postage thereon prepaid, within 2 days after the filing of the return, petition or account; or personal service of such notices may be made on [such] the person or his attorney within the 2 days, and [such] the personal service [shall be] is equivalent to deposit in the post office, and proof of mailing or of personal service must be filed with the clerk before the hearing of the petition, return or account.
3. If, upon the hearing, it [shall appear] appears to the satisfaction of the court that the notice has been regularly given, the court shall so find in its order or judgment and [such judgment shall be] the judgment is final and conclusive upon all persons.
Sec. 5. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is:
(a) Any person convicted in the State of Nevada of an offense punishable as a felony or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.
(b) Any person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the violation is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform [Narcotic Drug] Controlled Substances Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used [for the purpose of silencing] to silence the report or [concealing] conceal the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used [for the purpose of] to disable temporarily or permanently [disabling] any human being.
(c) Any person convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, 647.095, 647.100, 647.110, 647.120, 647.130, 647.140 and 647.145, or convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of those sections.
(d) Any person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
κ1987 Statutes of Nevada, Page 704 (CHAPTER 321, AB 779)κ
attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 6. NRS 228.320 is hereby amended to read as follows:
228.320 1. The attorney general shall appoint the consumers advocate for a term of 4 years. The consumers advocate is in the unclassified service of the state. The person appointed:
(a) Must be knowledgeable in the various areas of the regulation of public utilities;
(b) Must be independent of and have no pecuniary interest in any utility or industry regulated by the public service commission [;] of Nevada;
(c) Shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit; and
(d) Must not be a member of any political convention or a member of any committee of any political party.
2. The attorney general may remove the consumers advocate from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 7. NRS 228.330 is hereby amended to read as follows:
228.330 The consumers advocate may:
1. Employ the staff necessary to carry out his duties and the functions of his office, in accordance with the personnel practices and procedures established within the attorney generals office. The staff [shall] must include:
(a) A person licensed to practice law in this state, who shall serve as staff counsel;
(b) A person knowledgeable in rate making and principles and policies of rate regulation;
(c) A specialist in public utilities knowledgeable in accounting , [or] finance or economics or one or more related disciplines; and
(d) An administrative assistant,
who must be in the unclassified service of the state. The consumers advocate has sole discretion to employ and remove the members of his staff who are in the unclassified service.
2. Purchase necessary equipment.
3. Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the state board of examiners.
4. Apply for an order or subpena for the appearance of witnesses or the production of books, papers and documents in any proceeding in which he is a party or intervener, in the same manner as any other party or intervener, and make arrangements for and pay the fees or costs of any witnesses and consultants necessary to the proceeding. If any person ordered by the public service commission of Nevada to appear before it as a witness pursuant to this subsection fails to obey the order, the commission shall apply for a subpena commanding the attendance of the witness.
κ1987 Statutes of Nevada, Page 705 (CHAPTER 321, AB 779)κ
this subsection fails to obey the order, the commission shall apply for a subpena commanding the attendance of the witness.
5. Perform such other functions and make such other arrangements as may be necessary to carry out his duties and the functions of his office.
Sec. 8. NRS 228.360 is hereby amended to read as follows:
228.360 The consumers advocate may, with respect to all public utilities except railroads, common and contract motor carriers and cooperative utilities, and except as provided in NRS 228.380:
1. Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.
2. Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the public service commission of Nevada in the same manner and to the same extent as authorized by law for members of the public service commission of Nevada and its staff.
3. Petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the public service commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the consumers advocate may bring before or has brought before the public service commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The consumers advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.
Sec. 9. NRS 228.370 is hereby amended to read as follows:
228.370 All public utilities, except railroads, common and contract motor carriers and cooperative utilities, and except as provided in NRS 228.380, shall provide the consumers advocate with copies of any proposed changes in rates or service, correspondence, legal papers and other documents which are served on or delivered or mailed to the public service commission [.] of Nevada.
Sec. 10. NRS 228.400 is hereby amended to read as follows:
228.400 1. There is hereby created an interim committee of the legislature to review the performance of the office of the consumers advocate.
2. The committee consists of:
(a) Two members of the senate from the majority political party, designated by the majority leader of the senate;
(b) One member of the senate from the minority political party, designated by the minority leader of the senate;
(c) Three members of the assembly from the majority political party, designated by the speaker of the assembly; and
(d) Two members of the assembly from the minority political party, designated by the minority leader of the assembly.
κ1987 Statutes of Nevada, Page 706 (CHAPTER 321, AB 779)κ
3. The members from the assembly shall select a chairman from among their number to serve for the period ending with the convening of each even-numbered regular session of the legislature. The members from the senate shall select a chairman from among their number to serve during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
4. The committee exists only when the legislature is not in regular or special session. The committee shall meet at the call of the chairman to review and evaluate the effectiveness and functioning of the office of the consumers advocate. It may make recommendations to the consumers advocate, the attorney general, the public service commission [,] of Nevada, the legislative commission, the interim finance committee and the legislature.
5. The director of the legislative counsel bureau shall provide a secretary for the committee. Each member of the committee is entitled to receive out of the legislative fund a salary for each day or portion of a day in attendance at a meeting of the committee, in an amount equal to the salary established for members of the legislative commission, and the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 11. NRS 232.150 is hereby amended to read as follows:
232.150 1. Areas subjected to [flood damage shall] damage from floods must be delineated by the department in cooperation with [flood control districts.] districts for the control of floods. The information [shall] must be furnished upon request to local, regional and state planning agencies.
2. The health division of the department of human resources shall cooperate with the state department of conservation and natural resources for the accomplishment of the purposes of this section, but [nothing in] this section [shall be construed to] does not limit the powers and duties of the health division . [as provided by law.]
Sec. 12. NRS 238.040 is hereby amended to read as follows:
238.040 After December 31, 1954, no newspaper [shall be] is competent as the means for the publication of any legal [notices or advertisements unless such newspaper shall have and maintain] notice or advertisement unless the newspaper possesses and maintains in force a valid second-class mailing permit issued by the United States [Post Office Department.] Postal Service.
Sec. 13. NRS 244.3663 is hereby amended to read as follows:
244.3663 1. If the board of county commissioners determines that:
(a) A package plant for sewage treatment which is located in the county and is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is not satisfactorily serving the needs of its users; and
(b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available to those users,
the board may require all users of the plant to connect into the available sewers provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers.
κ1987 Statutes of Nevada, Page 707 (CHAPTER 321, AB 779)κ
cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission [.] of Nevada.
2. If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is violating any of the conditions of NRS 445.221 to 445.241, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the board of county commissioners of the county in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:
(a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the board of county commissioners will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the board to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.
3. If the board of county commissioners determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located in the county and is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, without complying with any of the requirements set forth in subsection 2. The board may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
4. Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is subject to assessment by the board of county commissioners of the county in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the county assumes control and operation of the plant pursuant to subsection 2 or 3.
Sec. 14. NRS 244A.763 is hereby amended to read as follows:
244A.763 1. NRS 244A.669 to 244A.763, inclusive, without reference to other statutes of the state, constitute full authority for the exercise of powers granted in those sections, including but not limited to the authorization and issuance of bonds.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized in NRS 244A.669 to 244A.763, inclusive, to be done, [shall be construed as applying] applies to any proceedings taken under those sections, or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
κ1987 Statutes of Nevada, Page 708 (CHAPTER 321, AB 779)κ
sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.
3. The provisions of no other law, either general or local, except as provided in NRS 244A.669 to 244A.763, inclusive, apply to doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except:
(a) As otherwise provided in those sections.
(b) That a project for the generation and transmission of electricity is subject to review and approval by the state regulatory agencies which have jurisdiction of the matters involved, including without limitation the public service commission [,] of Nevada, the state environmental commission and the state department of conservation and natural resources.
4. No notice, consent or approval by any public body or officer thereof [shall] may be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or lease, or the exercise of any other power under NRS 244A.669 to 244A.763, inclusive, except as provided in those sections.
5. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the Statutes of Nevada or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the counties is not applicable to any action taken pursuant to NRS 244A.669 to 244A.763, inclusive.
6. Any bank or trust company located within or without this state may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 244A.669 to 244A.763, inclusive, without the necessity of associating with any other person or entity as cofiduciary [(but] except that such association is not prohibited . [).]
7. The powers conferred by NRS 244A.669 to 244A.763, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect the powers conferred by any other law.
8. No part of NRS 244A.669 to 244A.763, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 15. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder must, upon the payment of the prescribed statutory fees, record separately, in a manner which will allow a legible copy to be made, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
κ1987 Statutes of Nevada, Page 709 (CHAPTER 321, AB 779)κ
(a) Deeds, grants, patents issued by the State of Nevada or by the United States, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married persons.
(j) Notice of preemption claims.
(k) Notices and certificates of location of mining claims.
(l) Affidavits [or] of proof of annual labor on mining claims.
(m) Certificates of sale.
(n) Judgments or decrees.
(o) Declarations of homesteads.
(p) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by a method used by the recorder to preserve his records. Where any rights might be adversely affected because of delay in recording caused by this requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
Sec. 16. NRS 247.310 is hereby amended to read as follows:
247.310 1. Except as otherwise provided by law, county recorders shall charge the following fees for recording [certificates] affidavits of proof of labor on mining claims:
For recording any such [certificates] affidavits that embrace therein one claim ........................................................................................................... $0.50
For each additional mining claim embraced in the [certificate] affidavit ............................................................................................ .50
2. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the 5th working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.
κ1987 Statutes of Nevada, Page 710 (CHAPTER 321, AB 779)κ
Sec. 17. NRS 268.4105 is hereby amended to read as follows:
268.4105 1. If the governing body of the city determines that:
(a) A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is not satisfactorily serving the needs of its users; and
(b) Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,
the governing body may require all users of the plant to connect into the available sewers provided by a public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission [.] of Nevada.
2. If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is violating any of the conditions of NRS 445.221 to 445.241, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the governing body of the city in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:
(a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the governing body of the city will seek a court order authorizing it to assume control; and
(b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.
3. If the governing body of the city determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located within the city limits and is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, without complying with any of the requirements set forth in subsection 2. The governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.
4. Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive, is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.
κ1987 Statutes of Nevada, Page 711 (CHAPTER 321, AB 779)κ
Sec. 18. NRS 279.516 is hereby amended to read as follows:
279.516 Before any area is designated for redevelopment, the community authorized to undertake such development shall:
1. Have a planning commission.
2. Have a master or general [community] plan for the community adopted by the planning commission or the legislative body. The plan [shall] must include all of the following:
(a) The general location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other major public utilities and facilities.
(b) A land-use plan which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, recreation, education, public buildings and grounds and other categories of public and private uses of land.
(c) A statement of the standards of population density and building intensity recommended for the various districts and other territorial units, and estimates of future [population growth,] growth in population, in the territory covered by the plan, all correlated with the land-use plan.
(d) Maps, plans, charts or other descriptive matter showing the areas in which conditions are found indicating the existence of blighted areas.
Sec. 19. NRS 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section and NRS 284.180, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 40 hours in any 1 week.
2. The period of daily employment mentioned in this section commences from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Nothing in this section applies to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who:
(1) Are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to police, deputy sheriffs or jailers;
(2) Chose and are approved for a variable workday or variable 80-hour work schedules within a biweekly pay period;
(3) Work more than 8 hours but not more than 10 hours in any 1 workday or 40 hours in any 1 work week.
(4) Are executive, administrative, professional or supervisory employees; or
κ1987 Statutes of Nevada, Page 712 (CHAPTER 321, AB 779)κ
(5) Are covered by a collective bargaining agreement which establishes hours of service.
(c) Employees of the legislative counsel bureau.
(d) Work done directly by any public utility company pursuant to an order of the public service commission of Nevada or other public authority.
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he [shall] is entitled to receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it is to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as [herein provided,] provided in this section, is guilty of a misdemeanor.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 293.065 is hereby amended to read as follows:
293.065 Mail means the depositing of printed or written matter in a mailbox or post office for delivery by the United States [Post Office Department.] Postal Service.
Sec. 22. NRS 293.217 is hereby amended to read as follows:
293.217 The county clerk of each county shall appoint and notify registered voters to act as [officers of the] election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and 293.384, and shall conclude those duties no later than 31 days before the election. [Not all of the] The registered voters appointed as [officers of the] election board officers for any precinct or district [shall] must not all be of the same political party. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an [officer of an] election board [.] officer. Immediately after [officers of an] election board officers are appointed, if requested by the county clerk, the sheriff shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an [officer of an] election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized officer shall receive no additional compensation for his services rendered as a deputy sheriff during the election for which he is deputized.
Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
κ1987 Statutes of Nevada, Page 713 (CHAPTER 321, AB 779)κ
Sec. 23. NRS 293.296 is hereby amended to read as follows:
293.296 1. Any registered voter who by reason of a physical disability or an inability to read or write English is unable to mark a ballot or use any voting device without assistance is entitled to assistance from a consenting person of his own choice, except:
(a) The voters employer or his agent;
(b) An officer or agent of the voters labor organization; or
(c) An [officer of the] election board officer who is not the spouse of the registered voter.
2. A person providing assistance to a disabled voter in casting his vote shall not disclose any information with respect to the casting of that ballot.
3. The right to assistance in casting a ballot may not be denied or impaired when the need for assistance is apparent or is known to the election board or any member thereof, but the election board may require a registered voter to sign a statement that he requires assistance in casting his vote by reason of a physical disability or an inability to read or write English when the need for assistance is not apparent or no member of the election board has knowledge thereof. The statement must be executed under penalty of perjury.
Sec. 24. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to precinct or district election boards have been either voted or rejected the empty envelopes and the envelopes containing rejected ballots [shall] must be returned to the county clerk. On all envelopes containing rejected ballots the cause of rejection [shall] must be noted and the envelope signed by a majority of the election board officers . [of the election board.]
Sec. 25. NRS 293B.124 is hereby amended to read as follows:
293B.124 1. The secretary of state and each participating county shall enter a written agreement designated as Lease of Equipment with Option to Purchase. Each agreement must provide in substance:
(a) That the systems particularly described in the agreement are leased by the state, as lessor, to the county, as lessee, for a term of 2 years from the date of the agreement, with an exclusive option in the lessee to extend the term for like periods of 2 years at a time, for an agreed maximum term not exceeding 20 years after the date of the agreement.
(b) That the lessee will maintain and insure the systems for the original term and each succeeding agreed term.
(c) That the aggregate of rental payments provided for under the maximum term of the lease agreement must equal the aggregate of the purchase price of the [vote recording systems] mechanical recording devices covered by the agreement, together with all interest, shipping, installation and other costs paid or agreed to be paid by the state. Upon payment of the latter aggregate sum by any lessee to the state, the state shall forthwith convey to that lessee legal title to the systems covered by the paid agreement.
κ1987 Statutes of Nevada, Page 714 (CHAPTER 321, AB 779)κ
2. The secretary of state shall promptly transmit all rental payments received by him under all such agreements to the state general fund.
Sec. 26. 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 on the net proceeds of mines or 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 protection 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 March 15 preceding the fiscal year to which it applies. A local government may, on or before 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 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
Sec. 27. NRS 360.350 is hereby amended to read as follows:
360.350 1. The department shall give the taxpayer written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice [shall] must be addressed to the taxpayer at his address as it appears in the records of the department.
3. In the case of service by mail of any notice required, the service is complete at the time of deposit [in] with the United States [post office.] Postal Service.
4. The service of this written notice tolls any limitation for the determination of a further deficiency.
κ1987 Statutes of Nevada, Page 715 (CHAPTER 321, AB 779)κ
Sec. 28. NRS 372.425 is hereby amended to read as follows:
372.425 1. The department shall give to the retailer or person storing, using or consuming tangible personal property written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice must be addressed to the retailer or person storing, using or consuming tangible personal property at his address as it appears in the records of the department.
3. In case of service by mail of any notice required by this chapter, the service is complete at the time of deposit [in] with the United States [post office.] Postal Service.
Sec. 29. NRS 374.430 is hereby amended to read as follows:
374.430 1. The department shall give to the retailer or person storing, using or consuming tangible personal property written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice [shall] must be addressed to the retailer or person storing, using or consuming tangible personal property at his address as it appears in the records of the department.
3. In case of service by mail of any notice required by this chapter, the service is complete at the time of deposit [in] with the United States [post office.] Postal Service.
Sec. 30. 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 716 (CHAPTER 321, AB 779)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, excluding net proceeds of mines, 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 protection 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 and any district created under chapter 318 of NRS to furnish emergency medical services.
4. For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.
Sec. 31. NRS 381.395 is hereby amended to read as follows:
381.395 1. The director shall adopt regulations for the Nevada [state] museum and historical society, consistent with all legislative enactments relating thereto.
κ1987 Statutes of Nevada, Page 717 (CHAPTER 321, AB 779)κ
2. The regulations must provide for and define the qualifications for life, honorary, annual, sustaining and such other memberships as the director considers necessary, and for the voting powers thereof.
3. The regulations must also provide for the establishment and handling of a petty cash account under the imprest system and for the bonding of any officer or employee of the Nevada museum and historical society who handles or has access to any money of the society.
Sec. 32. NRS 408.270 is hereby amended to read as follows:
408.270 1. At least once each month the director shall file with the state controller a certificate showing the number and amount of vouchers filed with the division engineer of the [Bureau of Public Roads] Federal Highway Administration having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.
2. Whenever claims payable out of the state highway fund and properly approved by the state board of examiners exceed the amount that is available in the state highway fund, the state controller may transfer temporarily from the state general fund to the state highway fund such amount as may be required to pay the claims, but not more than 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.
Sec. 33. NRS 408.413 is hereby amended to read as follows:
408.413 The department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, a distance of approximately 56 miles. The board of county commissioners, the department and the [Bureau of Public Roads] Federal Highway Administration shall take such action as may be necessary to permit the use of the force account method of using federal aid highway funds by using county forces and county equipment to fulfill the requirement of matching such federal aid highway funds as may be available.
Sec. 34. NRS 445.252 is hereby amended to read as follows:
445.252 Any public utility subject to the jurisdiction of the public service commission of Nevada which is providing sewerage on June 7, 1979, is exempt from the provisions of NRS 445.2521 to 445.2529, inclusive.
Sec. 35. NRS 445.2521 is hereby amended to read as follows:
445.2521 A permit to discharge water from a package plant for sewage treatment may not be issued unless all of the following conditions are met:
1. Neither of the following is available:
(a) Sewerage provided by a public utility; or
(b) Sewerage provided by a municipality or other public entity.
2. The applicant fully complies with all of the conditions of NRS 445.221 to 445.241, inclusive.
κ1987 Statutes of Nevada, Page 718 (CHAPTER 321, AB 779)κ
3. The local governing body assumes:
(a) Responsibility in case of default by the builder or developer for the continued operation and maintenance of the plant in accordance with all of the terms and conditions of the permit.
(b) The duty of assessing the lands served as provided in subsection 5.
4. The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the plant:
(a) For [a period of] 5 years following the date the plant is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the plant are sold,
whichever is later.
5. The owners of the lands to be served by the package plant for sewage treatment record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default by the applicant or operator of the plant and a sufficient surety, as provided in subsection 4, is not available.
6. The declaration of covenants, conditions and restrictions recorded by the owners further provides that if the local governing body determines that:
(a) The plant is not satisfactorily serving the needs of its users; and
(b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available,
the local governing body may require all users of a package plant for sewage treatment to connect into the available sewers provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission [.] of Nevada.
7. Provision has been made for disposition of the plant and the land on which it is situated after the local governing body requires all users to connect into available sewers provided by a public utility or a municipality or other public entity.
Sec. 36. NRS 450B.072 is hereby amended to read as follows:
450B.072 Fire-fighting agency means a fire department or fire protection district of the state or a political subdivision which holds a permit authorizing it to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency. This term does not include a person or governmental entity which provides transportation of those persons to a medical facility.
Sec. 37. NRS 451.583 is hereby amended to read as follows:
451.583 A licensed funeral director, a licensed embalmer or a medical technician may enucleate an eye of a dead person in order to carry out a gift made pursuant to the Uniform Anatomical Gift Act if the director, embalmer or technician has successfully completed a course, approved by the board of medical examiners , [of the State of Nevada,] in the procedure for enucleation of eyes.
κ1987 Statutes of Nevada, Page 719 (CHAPTER 321, AB 779)κ
made pursuant to the Uniform Anatomical Gift Act if the director, embalmer or technician has successfully completed a course, approved by the board of medical examiners , [of the State of Nevada,] in the procedure for enucleation of eyes.
Sec. 38. NRS 484.3794 is hereby amended to read as follows:
484.3794 1. A person who is found guilty of a first or second violation of NRS 484.379 within 7 years may, at that time or any time until he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse for at least 1 year if:
(a) He is classified as an alcoholic or abuser of drugs by a:
(1) Counselor certified to make that classification by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources; or
(2) Physician certified to make that classification by the [state] board of medical examiners;
(b) He agrees to pay the costs of the treatment; and
(c) He has served or will serve a term of imprisonment in jail of:
(1) One day, or has performed or will perform 24 hours of work for the community, if it is his first offense within 7 years; or
(2) Five days if it is his second offense within 7 years.
2. A prosecuting attorney has 10 days after receiving notice of an application for treatment pursuant to this section in which to request a hearing on the matter. The court shall order a hearing on the application if the prosecuting attorney requests it or may order a hearing on its own motion.
3. At the hearing on the application for treatment the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before it.
4. In granting an application for treatment the court shall advise the offender that:
(a) Final sentencing in his case will be postponed.
(b) If he is accepted for treatment by a facility approved by the state, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(c) If he is not accepted for treatment by such a facility or fails to complete the treatment satisfactorily, he must be sentenced to the fine and imprisonment to which he would have been sentenced had he not been allowed treatment. The sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(d) If he completes the treatment satisfactorily, he may not be sentenced to a term of imprisonment which is longer than that provided for the offense in paragraph (c) of subsection 1 or fined more than the minimum provided for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
κ1987 Statutes of Nevada, Page 720 (CHAPTER 321, AB 779)κ
for the offense in NRS 484.3792, but the conviction remains on his record of criminal history.
5. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court shall not defer the sentence or set aside the conviction.
6. The court shall notify the department, on a form approved by the department, upon granting the offenders application for treatment and his failure to be accepted for or complete treatment.
Sec. 39. NRS 543.180 is hereby amended to read as follows:
543.180 As used in NRS [543.160] 543.170 to 543.830, inclusive, and sections 2 to 10, inclusive, of [this act,] Assembly Bill No. 115 of this session, unless the context otherwise requires, the words and terms defined in NRS 543.181 to 543.188, inclusive, and section 2 of [this act] Assembly Bill No. 115 of this session have the meanings ascribed to them in those sections.
Sec. 40. NRS 543.184 is hereby amended to read as follows:
543.184 District means any district for the control of floods organized or, in the case of organizational provisions, proposed to be organized, pursuant to NRS [543.160] 543.170 to 543.830, inclusive.
Sec. 41. NRS 543.190 is hereby amended to read as follows:
543.190 [For the purpose of computing] To compute any period [of time] prescribed in NRS [543.160] 543.170 to 543.830, inclusive, the day of the first publication, or other designated time, [shall] must be excluded and the day of the last publication, or other designated action or time, [shall] must be included.
Sec. 42. NRS 543.195 is hereby amended to read as follows:
543.195 When notice is required to be given by publication pursuant to NRS [543.160] 543.170 to 543.830, inclusive, publication must be made at least once [a] each week for 3 consecutive weeks in at least one newspaper of general circulation in the district. It is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but the first publication must be at least 15 days before the designated time or event.
Sec. 43. NRS 543.200 is hereby amended to read as follows:
543.200 In any case where a notice is provided for in NRS [543.160] 543.170 to 543.830, inclusive, if the court finds for any reason that due notice was not given, the court [shall] does not thereby lose jurisdiction, and the proceeding in question [shall not thereby be] is not void or abated . [; but the] The court shall order [due] notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Sec. 44. NRS 543.210 is hereby amended to read as follows:
543.210 NRS [543.160] 543.170 to 543.830, inclusive, without reference to other statutes of the state, except as specifically provided in NRS [543.160] 543.170 to 543.830, inclusive, [shall] constitute full authority for the authorization and issuance of bonds [hereunder.] pursuant to NRS 543.170 to 543.830, inclusive. No other law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or